Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 80 - AUXILIARY GRANTS PROGRAM › Section 22VAC30-80-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Adult foster care" or "AFC" means a locally optional program
				  that provides room and board, supervision, and special services to an
				  individual who has a physical or mental health need. Adult foster care may be
				  provided for up to three individuals by any one provider who is approved by the
				  local department of social services.
"Assisted living care" means a level of service provided by
				  an assisted living facility for individuals who may have physical or mental
				  impairments and require at least moderate assistance with the activities of
				  daily living. Included in this level of service are individuals who are
				  dependent in behavior pattern (i.e., abusive, aggressive, disruptive) as
				  documented on the Uniform Assessment Instrument.
"Assisted living facility" or "ALF" means any congregate
				  residential setting that provides or coordinates personal and health care
				  services, 24-hour supervision, and assistance (scheduled and unscheduled) for
				  the maintenance or care of four or more adults who are aged or infirm or who
				  have disabilities and who are cared for in a primarily residential setting,
				  except (i) a facility or portion of a facility licensed by the State Board of
				  Health or the Department of Behavioral Health and Developmental Services, but
				  including any portion of such facility not so licensed; (ii) the home or
				  residence of an individual who cares for or maintains only persons related to
				  him by blood or marriage; (iii) a facility or portion of a facility serving
				  individuals who are infirm or who have disabilities between the ages of 18 and
				  21, or 22 if enrolled in an educational program for individuals with
				  disabilities pursuant to §
									22.1-214 of the Code of
				  Virginia, when such facility is licensed by the Virginia Department of Social
				  Services as a children's residential facility under Chapter 17 (§
									63.2-1700 et seq.) of Title 63.2
				  of the Code of Virginia, but including any portion of the facility not so
				  licensed; and (iv) any housing project for individuals who are 62 years of age
				  or older or individuals with disabilities that provides no more than basic
				  coordination of care services and is funded by the U.S. Department of Housing
				  and Urban Development, by the U.S. Department of Agriculture, or by the
				  Virginia Housing Development Authority. Included in this definition are any two
				  or more places, establishments, or institutions owned or operated by a single
				  entity and providing maintenance or care to a combined total of four or more
				  adults who are aged or infirm or who have disabilities. Maintenance or care
				  means the protection, general supervision and oversight of the physical and
				  mental well-being of an individual who is aged or infirm or who has a
				  disability.
"Authorized payee" means the individual who may be a
				  court-appointed conservator or guardian, a person with a valid power of
				  attorney, or an authorized representative with the documented authority to
				  accept funds on behalf of the individual. An authorized payee for the auxiliary
				  grant shall not be (i) the licensee or (ii) the owner of, employee of, or an
				  entity hired by or contracted by the ALF or AFC home.
"Authorized representative" means the person representing or
				  standing in place of the individual receiving the auxiliary grant for the
				  conduct of the auxiliary grant recipient's affairs (i.e., personal or business
				  interests). "Authorized representative" may include a guardian, conservator,
				  attorney-in-fact under durable power of attorney, trustee, or other person
				  expressly named in writing by the individual as his agent. An authorized
				  representative shall not be (i) the licensee or (ii) the owner of, employee of,
				  or an entity hired by or contracted by the ALF, AFC home, or a supportive
				  housing provider unless the auxiliary grant recipient designates such a person
				  to assist with financial management of his personal needs allowance as a choice
				  of last resort because there is no other authorized representative willing or
				  available to serve in this capacity.
"Auxiliary Grants Program" or "AG" means a state and locally
				  funded assistance program to supplement income of an individual receiving
				  Supplemental Security Income (SSI) or adult who would be eligible for SSI
				  except for excess income, who resides in an ALF, an AFC home, or a supportive
				  housing setting with an established rate. The total number of individuals
				  within the Commonwealth of Virginia eligible to receive AG in a supportive
				  housing setting shall not exceed the number designated in the signed agreement
				  between the department and the Social Security Administration.
"Certification" means an official approval as designated on
				  the form provided by the department and prepared by an ALF or a supportive
				  housing provider. Each ALF shall annually certify that it has properly managed
				  the personal funds and personal needs allowances of individuals residing in the
				  ALF and is in compliance with program regulations and appropriate licensing
				  regulations. Each supportive housing provider shall annually certify that it is
				  in compliance with this chapter.
"Department" means the Department for Aging and
				  Rehabilitative Services.
"DBHDS" means the Department of Behavioral Health and
				  Developmental Services.
"Established rate" means the rate as set forth in the
				  appropriation act or as set forth to meet federal maintenance of effort
				  requirements.
"Licensee" means any person, association, partnership,
				  corporation, limited liability company, or governmental unit to whom a license
				  to operate an ALF is issued in accordance with 22VAC40-73.
"Personal funds" means payments the individual receives,
				  whether earned or unearned, including wages, pensions, Social Security
				  benefits, and retirement benefits. "Personal funds" does not include the
				  personal needs allowance.
"Personal needs allowance" means a portion of the AG payment
				  that is reserved for meeting the individual's personal needs. The amount is
				  established by the Virginia General Assembly.
"Personal toiletries" means hygiene items provided to the
				  individual by the ALF or AFC home including deodorant, razor, shaving cream,
				  shampoo, soap, toothbrush, and toothpaste.
"Provider" means an ALF that is licensed by the Virginia
				  Department of Social Services or an AFC provider that is approved by a local
				  department of social services or a supportive housing provider as defined in
				  §
									37.2-421.1 of the Code of
				  Virginia.
"Provider agreement" means a written agreement that ALF and
				  supportive housing providers must complete and submit to the department when
				  requesting approval to admit individuals receiving AG.
"Qualified assessor" means an individual who is authorized by
				  22VAC30-110 to perform an assessment, reassessment, or change in level of care
				  for an individual applying for AG or residing in an ALF or a supportive housing
				  setting. For individuals receiving services from a community services board or
				  behavioral health authority, a qualified assessor is an employee or designee of
				  the community services board or behavioral health authority.
"Rate" means the established rate.
"Residential living care" means a level of service provided
				  by an ALF for individuals who may have physical or mental impairments and
				  require only minimal assistance with the activities of daily living. Included
				  in this level of service are individuals who are dependent in medication
				  administration as documented on the Uniform Assessment Instrument (UAI).
"Supportive housing" or "SH" means a residential setting with
				  access to supportive services for an AG recipient in which tenancy as described
				  in §
									37.2-421.1 of the Code of
				  Virginia is provided or facilitated by a provider licensed to provide mental
				  health community support services, intensive community treatment, programs of
				  assertive community treatment, supportive in-home services, or supervised
				  living residential services that has entered into an agreement with the DBHDS
				  pursuant to §
									37.2-421.1 of the Code of
				  Virginia.
"Third-party payment" means a payment made by a third party
				  to an ALF, an AFC home, or supportive housing provider on behalf of an AG
				  recipient for goods or services other than for food, shelter, or specific goods
				  or services required to be provided by the ALF, an AFC home, or a supportive
				  housing provider as a condition of participation in the AG in accordance with
				  22VAC30-80-45.
"Uniform Assessment Instrument" or "UAI" means the
				  department-designated assessment form. It is used to record assessment
				  information for determining the level of service that is
				  needed.
Statutory Authority: §§
											51.5-131 and
					 51.5-160 of the Code of
					 Virginia.