Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 25 - AUXILIARY GRANTS PROGRAM › Section 22VAC40-25-10 - 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 (AFC)" means a locally optional program
				  that provides room and board, supervision, and special services to an adult who
				  has a physical or mental health need. Adult foster care may be provided for up
				  to three adults 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 adults 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 (ALF)" means, as defined in §
				  63.2-100 of the Code of Virginia, 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, infirm or disabled 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 infirm or disabled persons between the ages of 18
				  and 21, or 22 if enrolled in an educational program for the handicapped
				  pursuant to § 22.1-214 of the Code of Virginia, when such facility is
				  licensed by the department 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 persons 62 years of age or older or the disabled 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 aged, infirm or disabled adults. Maintenance or care
				  means the protection, general supervision and oversight of the physical and
				  mental well-being of an aged, infirm or disabled individual.
Assuming responsibility for the well-being of individuals
				  residing in an ALF, either directly or through contracted agents, is considered
				  "general supervision and oversight."
"Auxiliary Grants (AG) Program" 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 or in AFC with an established
				  rate.
"Certification" means a form provided by the department and
				  prepared by the ALF annually certifying that the ALF 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.
"Department" means the Virginia Department of Social
				  Services.
"Established rate" means the rate as set forth in the
				  appropriation act or as set forth to meet federal maintenance of effort
				  requirements.
"Personal needs allowance" means an amount of money reserved
				  for meeting the adult's personal needs when computing the amount of the AG
				  payment.
"Personal representative" means the person representing or
				  standing in the place of the individual for the conduct of his affairs. This
				  may include a guardian, conservator, attorney-in-fact under durable power of
				  attorney, next-of-kin, descendent, trustee, or other person expressly named by
				  the individual as his agent.
"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.
"Program" means the Auxiliary Grant Program.
"Provider" means an ALF that is licensed by the Department of
				  Social Services or an AFC provider that is approved by a local department of
				  social services.
"Provider agreement" means a document that the ALF must
				  complete and submit to the department when requesting to be approved for
				  admitting individuals receiving AG.
"Qualified assessor" means an individual who is authorized by
				  22VAC40-745 to perform an assessment, reassessment, or change in level of care
				  for an individual applying for AG or residing in an ALF.
"Rate" means the established rate.
"Residential living care" means a level of service provided
				  by an ALF for adults 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).
"Uniform Assessment Instrument (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
§§ 63.2-217 and 63.2-800 of the Code of
					 Virginia.