reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VIII - Dispute Resolution › Section 12VAC35-225-400 - Due process hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Due
				  process hearings shall be available to the parent of any child referred to the
				  local early intervention system to resolve complaints regarding an early
				  intervention provider's proposal or refusal to initiate or change his child's
				  identification, eligibility determination, or placement or to the provision of
				  early intervention services to the child or family.
B. The department shall arrange for the
				  appointment of an impartial hearing officer within five days following receipt
				  of a request for a due process hearing. The due process hearing officer shall:
1. Not be an employee of the department, a
				  local lead agency, or an early intervention service provider involved in the
				  provision of early intervention services or the care of the child. A person who
				  is otherwise qualified shall not be considered an employee of the department, a
				  local lead agency, or an early intervention provider solely because he is paid
				  by the agency to implement the due process hearing procedures;
2. Not have a personal or professional
				  interest that conflicts with his objectivity in implementing the
				  process;
3. Have knowledge about
				  the provisions under Part C and the needs of and early intervention services
				  available for children with disabilities and their families;
4. Listen to the presentation of relevant
				  viewpoints about the due process complaint;
5. Examine information relevant to the
				  issues;
6. Seek to reach a timely
				  resolution of the due process complaint; and
7. Provide a record of the proceedings,
				  including a written decision.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VIII - Dispute Resolution › Section 12VAC35-225-410 - Administrative complaint

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				  individual or organization, including those from another state, shall have the
				  right to file an administrative complaint with the department alleging that the
				  local lead agency, an early intervention service provider, or participating
				  agency has violated a requirement of Part C.
B. The department shall widely disseminate to
				  parents and other interested individuals, including parent training and
				  information centers, protection and advocacy agencies, and other appropriate
				  entities the procedures for filing and resolving administrative
				  complaints.
C. An administrative
				  complaint shall be made in writing to the department, allege a violation that
				  occurred not more than one year prior to the date the complaint is received by
				  the department, and include the following:
1.
				  A statement that the department, local lead agency, or early intervention
				  service provider has violated a requirement of Part C;
2. The facts on which the statement is
				  based;
3. The signature and contact
				  information for the complainant; and
4. If alleging violations with respect to a
				  specific child, (i) the name and address of the child; (ii) the name of the
				  early intervention service provider serving the child; (iii) a description of
				  the problem, including facts related to the problem; and (iv) a proposed
				  resolution to the problem to the extent known and available to the complainant
				  if there is one at the time the complaint is filed.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VIII - Dispute Resolution › Section 12VAC35-225-420 - Appeal to the Department of Medical Assistance Services

Current through Register Vol. 40, No. 24, July 15, 2024
A. In addition to
				  the dispute resolution options described in this chapter, Medicaid or FAMIS
				  recipients seeking to contest service decisions shall have the right to file an
				  appeal with the Department of Medical Assistance Services pursuant to federal
				  and state Medicaid law. If the individual is enrolled in a Medicaid managed
				  care organization or "MCO," the internal appeal process for the Medicaid MCO
				  must be exhausted or deemed exhausted before appealing to the Department of
				  Medical Assistance Services. Appeals to the Department of Medical Assistance
				  Services are separate from the dispute resolution options available under this
				  chapter and shall comply with applicable Department of Medical Assistance
				  Services' regulations.
B. A notice
				  of action meeting federal and state requirements must be issued to the
				  individual explaining the basis for the action and the right to
				  appeal.
C. Families shall follow
				  all applicable Department of Medical Assistance Services requirements when
				  filing an appeal.
Statutory Authority: §
												2.2-5304
						of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part IX - Early Intervention Practitioner Certification Requirements › Section 12VAC35-225-430 - Certification required for early intervention professionals and early intervention specialists

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Individual practitioners of early intervention services, with the exception of
				  physicians, audiologists, and registered dietitians, shall be certified by the
				  department as early intervention professionals or early intervention
				  specialists.
B. Certified early
				  intervention professionals shall have expertise in a discipline trained to
				  enhance the development of children with a disability, as evidenced by state
				  licensure, including application for state licensure if the discipline
				  authorizes practice in Virginia while the application is pending and the
				  individual practitioner meets all applicable requirements for such practice;
				  state endorsement; or certification by a national professional organization.
				  Qualified personnel in the following disciplines may seek certification from
				  the department as early intervention professionals:
1. Counselors.
a. Licensed professional counselors licensed
				  by the Virginia Board of Counseling; and
b. School counselors (Pre K - 12) endorsed by
				  the Virginia Board of Education.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part IX - Early Intervention Practitioner Certification Requirements › Section 12VAC35-225-440 - Supervision requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Certified early intervention professionals providing supervision to other early
				  intervention personnel shall complete the supervision training administered by
				  the department. A score of at least 80% accuracy on the competency test shall
				  be required for successful completion.
B. Certified early intervention specialists
				  shall work under the supervision of a certified early intervention professional
				  who has completed the required supervision training.
Statutory Authority: § 2.2-5304 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part IX - Early Intervention Practitioner Certification Requirements › Section 12VAC35-225-450 - Certification required for early intervention service coordinators

Current through Register Vol. 40, No. 24, July 15, 2024
A. Individual
				  practitioners who provide service coordination to children enrolled in early
				  intervention services shall be certified by the department as early
				  intervention case managers.
B.
				  Certified early intervention case managers shall hold:
1. A minimum of an undergraduate degree in
				  any of the following fields:
a. Allied
				  health, including rehabilitation counseling, recreation therapy, occupational
				  therapy, physical therapy, or speech or language pathology;
b. Child and family studies;
c. Counseling;
d. Early childhood;
e. Early childhood growth and
				  development;
f. Early childhood
				  special education;
g. Human
				  development;
h. Human
				  services;
i. Nursing;
j. Psychology;
k. Public health;
l. Social work;
m. Special education - hearing
				  impairments;
n. Special education -
				  visual impairments; or
o. Other
				  related field or interdisciplinary studies approved by the
				  department;
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part IX - Early Intervention Practitioner Certification Requirements › Section 12VAC35-225-460 - Initial certification and recertification processes

Current through Register Vol. 40, No. 24, July 15, 2024
A. To apply for initial certification as an
				  early intervention professional, early intervention specialist, or early
				  intervention case manager, applicants shall:
1. Obtain the designated early intervention
				  certification application package from the department; and
2. Submit a completed and signed application
				  package to the department with:
a. A signed
				  assurance that the applicant will comply with all federal and state early
				  intervention requirements;
b.
				  Documentation of the applicant's educational credentials, professional
				  certification, licensing, endorsement, or other qualification for the practice
				  of his discipline in the Commonwealth of Virginia; and
c. Documentation of the applicant's
				  successful completion of the training required by the department.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part IX - Early Intervention Practitioner Certification Requirements › Section 12VAC35-225-470 - Notice of decision on application for certification or recertification

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall provide written notice of the
					 decision on the application for certification or recertification within 30 days
					 of the receipt of a completed application and required
					 documentation.
Statutory Authority: § 2.2-5304 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part IX - Early Intervention Practitioner Certification Requirements › Section 12VAC35-225-480 - Early intervention practitioner database

Current through Register Vol. 40, No. 24, July 15, 2024
Early intervention practitioners meeting the requirements
					 for certification shall be included in the practitioner database maintained by
					 the department. Early intervention practitioners are responsible for notifying
					 the department of any change that may affect their early intervention
					 certification status or their participation in Virginia's early intervention
					 services system.
Statutory Authority: § 2.2-5304 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part IX - Early Intervention Practitioner Certification Requirements › Section 12VAC35-225-490 - Restoration of expired certifications

Current through Register Vol. 40, No. 24, July 15, 2024
A. An early intervention practitioner whose
				  early intervention certification has expired may apply to the department for
				  restoration of certification.
B.
				  The department may restore early intervention certification for an early
				  intervention practitioner under the following conditions:
1. The individual's early intervention
				  certification has been lapsed for a period of less than one year; and
2. The early intervention certification:
a. Has lapsed because the early intervention
				  practitioner failed to complete the three-year recertification requirements and
				  the practitioner provides documentation to the department demonstrating (i) he
				  is currently qualified for the practice of his discipline in the Commonwealth
				  of Virginia and (ii) he has completed at least 30 hours of training addressing
				  one or more of the topics specified in 12VAC35-225-460 C 2; or
b. Has lapsed because the early intervention
				  practitioner's discipline-specific qualification expired and the practitioner
				  provides documentation to the department demonstrating that he now holds a
				  current license, certification, endorsement, or other qualification for the
				  practice of his discipline in the Commonwealth of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part IX - Early Intervention Practitioner Certification Requirements › Section 12VAC35-225-500 - Termination of certification

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The department shall terminate an early intervention practitioner's early
				  intervention certification under the following circumstances:
1. The practitioner's discipline-specific
				  license, certification, or endorsement has been suspended, revoked, or
				  otherwise terminated by the appropriate Virginia health regulatory board or
				  other Virginia entity exercising appropriate authority over the practitioner's
				  discipline-specific license, certification, or endorsement; or
2. The practitioner fails to comply with his
				  signed assurance that he will comply with all federal and state early
				  intervention requirements.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part IX - Early Intervention Practitioner Certification Requirements › Section 12VAC35-225-510 - Reconsideration of decision to deny or terminate certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. In the event
				  that the early intervention practitioner disagrees with the determination to
				  deny or terminate certification, he may request reconsideration from the
				  commissioner. The request shall be made in writing within 30 days of the date
				  of the written notice of denial or termination and may include relevant
				  additional information or documentation to support the request.
B. The commissioner shall review the request
				  for reconsideration and information presented and issue a decision in writing
				  within 30 business days following receipt of the request. The decision of the
				  commissioner shall be a final case decision that may be appealed under the
				  Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of
				  Virginia).
Statutory Authority: § 2.2-5304 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part X - Comprehensive System of Personnel Development › Section 12VAC35-225-520 - Comprehensive system of personnel development requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall ensure a
				  comprehensive system of personnel development that includes the following:
1. Training of paraprofessionals and the
				  training of primary referral sources with respect to the basic components of
				  early intervention services available in Virginia;
2. Training local lead agencies and early
				  intervention service providers to implement innovative strategies and
				  activities for the recruitment and retention of early intervention service
				  practitioners and service providers;
3. Promoting the preparation of early
				  intervention practitioners and service providers who are fully and
				  appropriately qualified to provide early intervention services; and
4. Training local lead agencies and early
				  intervention practitioners and service providers to coordinate transition
				  services for children with disabilities who are transitioning from the early
				  intervention system under Part C to a preschool program under § 619 of the
				  Individuals with Disabilities Education Act, Head Start, Early Head Start, or
				  another appropriate program.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part XI - Lead Agency Oversight Responsibilities › Section 12VAC35-225-530 - Lead agency monitoring and supervision

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall monitor
				  implementation of and enforce the requirements under Part C, make
				  determinations annually about the performance of each local early intervention
				  system, and report annually to the public on the performance of Virginia and of
				  each local early intervention system within 120 days of submitting Virginia's
				  annual performance report to the U.S. Department of Education.
B. The primary focus of monitoring activities
				  shall be on improving early intervention results and functional outcomes for
				  all children with disabilities and their families and ensuring that local early
				  intervention systems meet the requirements under Part C.
C. The department shall use quantifiable
				  indicators and, as needed, qualitative indicators to measure performance in
				  providing early intervention services in natural environments, child find,
				  effective monitoring, the use of mediation, and transition services.
D. The local lead agency and early
				  intervention service providers shall cooperate fully with the department and
				  shall provide all information requested by the department or its designee to
				  monitor local performance and compliance with applicable state and federal
				  regulations.
E. The department
				  shall ensure that when it identifies noncompliance, the noncompliance is
				  corrected as soon as possible and in no case later than one year after the
				  noncompliance was identified.
F. If
				  a local early intervention system is determined to need assistance for two or
				  more consecutive years, need intervention, or need substantial intervention in
				  meeting the requirements under Part C, or if the local early intervention
				  system fails to correct noncompliance within one year of identification, then
				  the department shall enforce the requirements under Part C using one or more
				  enforcement actions that may include the following:
1. Technical assistance;
2. Imposing conditions on the local early
				  intervention system's funding;
3.
				  Requiring the development and implementation of an improvement plan;
				  or
4. Withholding funds in whole or
				  in part.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part XI - Lead Agency Oversight Responsibilities › Section 12VAC35-225-540 - Data collection and reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall collect, compile, and
				  report timely, accurate, valid, and reliable data as needed to meet the data
				  collection requirements of the U.S. Department of Education and the Virginia
				  General Assembly.
B. The department
				  shall not report any data that would result in the disclosure of personally
				  identifiable information about individual children.
Statutory Authority: § 2.2-5304 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Form - FORMS (12VAC35-225)

Current through Register Vol. 40, No. 24, July 15, 2024
Infant
				  & Toddler Connection of Virginia Eligibility Determination Form (eff.
				  6/2012)
Early
				  Intervention Certification Application (undated)
Statutory Authority: § 2.2-5304 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-10 - 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:
"Commissioner" means the Commissioner of the Department of
				  Behavioral Health and Developmental Services.
"Custodial family member" means a family member who has
				  primary authority to make all major decisions affecting the individual and with
				  whom the individual primarily resides.
"Department" means the Department of Behavioral Health and
				  Developmental Services.
"Developmental disability" or "DD" means a severe, chronic
				  disability of an individual that:
1.
				Is attributable to a mental or physical impairment or combination of mental and
				physical impairments, other than a sole diagnosis of mental illness;
2. Is manifested before the individual
				reaches 22 years of age;
3. Is
				likely to continue indefinitely;
4.
				Results in substantial functional limitations in three or more of the following
				areas of major life activity:
(i) self-care;
(ii) receptive and expressive
				language;
(iii) learning;
(iv) mobility;
(v) self-direction;
(vi) capacity for independent living; or
(vii) economic self-sufficiency;
				and
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-20 - Program description

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Individual
				and Family Support Program assists individuals with developmental disabilities
				and their family members to access needed person-centered and family-centered
				resources, supports, services, and other assistance. The overall objective of
				the Individual and Family Support Program is to support the continued residence
				of individuals with developmental disabilities in each individual's own home or
				the family home, which includes the home of a principal caregiver.
B. The department shall administer the IFSP
				funding awards directly or through a third party designated by the department
				to administer all or part of the IFSP, based on annual funding priorities and
				program criteria developed by the department in consultation with the
				department's IFSP State Council.
C.
				IFSP funds shall be distributed directly to the requesting individual or
				custodial family member or a third party designated by the individual or
				custodial family member. IFSP funds shall not supplant or in any way limit the
				availability of services provided through Medicaid programs.
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-31 - Community coordination

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall:
1. Ensure an annual public input process that
				encourages the continued residence of individuals on the waiting list for a
				Medicaid HCBS DD Waiver in community settings and includes a survey of needs
				and satisfaction.
2. Establish the
				IFSP State Council.
3. Develop, in
				coordination with the IFSP State Council, a strategic plan that is consistent
				with this chapter and the purpose of the IFSP and that is updated as necessary
				as determined by the department.
4.
				Provide technical assistance to individuals or family members to facilitate an
				individual's or a family member's access to covered services and supports
				listed in 12VAC35-230-55 that are intended
				to enhance or improve the individual's or family member's quality of life and
				promote the independence and continued residence of an individual with DD in
				the individual's own home or the family home, which includes the home of a
				principal caregiver.
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-35 - Program eligibility requirements and policies

Current through Register Vol. 40, No. 24, July 15, 2024
A. Eligibility for
				IFSP funds shall be limited to individuals who are living in their own home or
				a family home and are on the statewide waiting list for a Medicaid HCBS DD
				Waiver and their custodial family members who are assisting those
				individuals.
B. The department,
				based on information gathered through public input and in consultation with the
				IFSP State Council, shall annually establish eligibility criteria, the award
				process, the appeals process, and any other protocols necessary for ensuring
				the effective use of state funds. All procedures used by the department for
				determining funding awards shall be published annually in draft form for public
				comment and in final form prior to opening the funding opportunity using the
				Virginia Regulatory Town Hall and the Virginia Register of
				Regulations.
C. For each funding
				period, the department shall base funding awards on the following published
				information:
1. Criteria for prioritized
				funding categories;
2. A summary of
				allowable expenditures;
3.
				Application deadlines; and
4. Award
				notification schedules.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-40

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-45 - Program implementation

Current through Register Vol. 40, No. 24, July 15, 2024
A. IFSP funds shall
				be limited by the amount of funds allocated to the IFSP by the General
				Assembly. The department approval of funding requests shall not exceed the
				funding available for the fiscal year. Based on information gathered through
				relevant data and public input, and in collaboration with the IFSP State
				Council, the department shall establish annual funding categories.
B. IFSP funds may be provided to individuals
				or custodial family members in varying amounts, as determined by the
				department's annually prioritized funding categories.
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-55 - Covered services and supports

Current through Register Vol. 40, No. 24, July 15, 2024
Services and items funded through the IFSP, as published
				  annually, using the Virginia Regulatory Town Hall and the Virginia Register of
				  Regulations, in accordance with this chapter, are intended to support the
				  continued residence of an individual in that individual's own home or the
				  family home and may be approved in the following three main categories:
(i) safe community living,
(ii) improved health outcomes, and
(iii) community integration. No services or
				items shall be funded by the IFSP if not listed in the department's procedures
				or if covered by another entity.
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-60

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-65 - Application for funding

Current through Register Vol. 40, No. 24, July 15, 2024
A. Eligible
				individuals or custodial family members who choose to apply for IFSP funds
				shall submit a completed application to the department.
B. Completed applications shall include the
				following information:
1. A description of
				the services or items for which funding is requested;
2. Acknowledgment that the requested services
				or items are needed to support the continued residence of the individual with
				DD in that individual's own home or the family home and no other public funding
				sources are available;
3. The
				requested funding amount; and
4. A
				statement in which the individual or custodial family member:
a. Agrees to provide to the department, if
				requested, documentation that the requested funds were used to purchase only
				services or items described in the application and approved by the department;
				and
b. Acknowledges that failure to
				provide documentation, when requested, that the funds applied for were used to
				purchase only services or items described in the application and approved by
				the department may result in recovery of such funds and denial of subsequent
				funding requests.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-70

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-75 - Reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. For each funding
				period, the department shall develop and publish a summary, using the Virginia
				Regulatory Town Hall and the Virginia Register of Regulations, that details the
				total dollar amount of funded awards, a summary of expenditure requests, the
				number of applications received, and the number of applications and individuals
				approved for receipt of IFSP funds.
B. The department, with input from the IFSP
				State Council, shall develop an annual summary of accomplishments toward
				meeting the goals of the Virginia State Plan to Increase Individual and Family
				Supports.
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-80

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-85 - Funding decision-making process

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applications
				shall be denied if the department determines that the service or item for which
				funding is requested is not eligible for funding in accordance with
				12VAC35-230-55, other public
				funding sources are available, or the total annual IFSP funding appropriated by
				the General Assembly has been expended for the applicable fiscal
				year.
B. Additionally, applications
				for IFSP funds may be denied if the requesting individual or custodial family
				member has not used previously received IFSP funds in accordance with the
				department's written notice approving the request or has failed to comply with
				this chapter.
C. The department
				shall provide a written notice to the individual or custodial family member who
				submitted the application indicating the funding decision, including the reason
				for denial of funding, if applicable.
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-90 - Requests for reconsideration

Current through Register Vol. 40, No. 24, July 15, 2024
A. Individuals or
				custodial family members who disagree with the determination of the department
				may submit a written request for reconsideration to the commissioner or the
				commissioner's designee within 30 days of the date of the written notice of
				denial or approval at a reduced amount.
B. The commissioner or the commissioner's
				designee shall provide an opportunity for the person requesting reconsideration
				to submit for review any additional information or reasons why the funding
				should be approved as originally requested.
C. The commissioner or the commissioner's
				designee, after reviewing all submitted materials shall render a written
				decision on the request for reconsideration within 30 calendar days of the
				receipt of the request and shall notify all involved parties in writing. The
				decision shall be binding.
D.
				Applicants may obtain further review of the decision in accordance with the
				Administrative Process Act (§
									2.2-4000 et seq. of the Code of
				Virginia).
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-100 - Post-funding review

Current through Register Vol. 40, No. 24, July 15, 2024
A. Utilization
				review of documentation or verification of funds expended may be undertaken by
				department staff. Reviews may include home visits to view items purchased or
				services delivered.
B. Individuals
				and family members receiving IFSP funds shall permit the department
				representatives to conduct utilization reviews, including home
				visits.
C. Individuals and family
				members receiving IFSP funds shall fully cooperate with such reviews and
				provide all information requested by the department.
D. Failure to use funds in accordance with
				the procedures for funding awards or provide documentation, if requested, that
				the funds were used to purchase only approved services or items as described in
				the application and approved by the department may result in recovery of such
				by the department.
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section 12VAC35-230-110 - Termination of funding for services, supports, or other assistance

Current through Register Vol. 40, No. 24, July 15, 2024
Funding through the IFSP shall be terminated when the
				  individual is enrolled in a Medicaid HCBS DD Waiver if the individual is found
				  to be no longer eligible to be on a waiting list for a Medicaid HCBS DD Waiver
				  in accordance with
				  12VAC30-122-90 and any appeal has
				  been exhausted [ ] or if approved funds are used for purposes not approved by
				  the department in its written notice. In such circumstance, any funds approved
				  but not yet released shall not be disbursed.
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Section - DOCUMENTS INCORPORATED BY REFERENCE (12VAC35-230)

Current through Register Vol. 40, No. 24, July 15, 2024
Department
				  of Behavioral Health and Developmental Services, Individual and Family Support
				  Program Guidelines, DD 07, Version January 9, 2023
Statutory Authority: § 37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 230 - OPERATION OF THE INDIVIDUAL AND FAMILY SUPPORT PROGRAM › Form - FORMS (12VAC35-230)

Current through Register Vol. 40, No. 24, July 15, 2024
Individual and Family Support Program Funding Application
				  online application available at the Virginia Waiver Management System (WaMS)
				  Portal at
https://www.dbhds.virginia.gov/waitlistforms
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 240 - EUGENICS STERILIZATION COMPENSATION PROGRAM › Section 12VAC35-240-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
"Act" means Chapter 394 of the 1924 Acts of Assembly passed
				  by the Virginia General Assembly on March 20, 1924, known as the Virginia
				  Eugenical Sterilization Act, which provided for the sexual sterilization of
				  individuals admitted to state institutions in certain cases.
"Application" means the Application Form for Filing a Claim
				  for Compensation for Victims of the 1924 Eugenical Sterilization Act made
				  available by the Department of Behavioral Health and Developmental
				  Services.
"Claimant" means any person claiming eligibility who applies
				  for compensation pursuant to this chapter.
"Commissioner" means the Commissioner of the Virginia
				  Department of Behavioral Health and Developmental Services.
"Department" means the Virginia Department of Behavioral
				  Health and Developmental Services.
"Lawfully authorized representative" means
(i) a person who is permitted by law or
				regulation to act on behalf of an individual or (ii) a personal representative
				of an estate, as defined in §
									64.2-100 of the Code of
				Virginia, of an individual who died on or after February 1, 2015.
"Review panel" means a minimum of three department staff
				  members who are appointed by the commissioner to make final determinations that
				  applications for claims deemed complete pursuant to this chapter meet the
				  criteria for compensation.
"Sterilization" means a medical procedure or form of birth
				  control that leaves a male or female unable to reproduce or conceive children
				  and was performed pursuant to the Act.
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 240 - EUGENICS STERILIZATION COMPENSATION PROGRAM › Section 12VAC30-240-20 - Eligibility criteria

Current through Register Vol. 40, No. 24, July 15, 2024
An individual or his lawfully authorized representative is
				  eligible to request compensation under this chapter if the individual
				  was:
1. Involuntarily sterilized
				pursuant to the Act;
2. Sterilized
				while a patient at Eastern State Hospital; Western State Hospital; Central
				State Hospital; Southwestern Virginia Mental Health Institute, formerly known
				as Southwestern State Hospital; or the Central Virginia Training Center,
				formerly known as the State Colony for Epileptics and Feeble-Minded;
				and
3. Living as of February 1,
				2015.
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 240 - EUGENICS STERILIZATION COMPENSATION PROGRAM › Section 12VAC30-240-30 - Claims for compensation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				individual who meets the eligibility criteria or his lawfully authorized
				representative, if applicable, may submit a claim for compensation.
B. Claimants shall submit applications with
				proof of identity and proof that the eligibility criteria are met. When an
				application is submitted for an individual who died on or after February 1,
				2015, the application shall include a certified copy of a state-issued death
				certificate.
C. Claimants shall
				submit required documentation for proof of identity.
1. To establish proof of identity, a copy of
				one or more of the following documents preferably bearing a photographic image
				of the claimant's face and signature shall be submitted with the application
				form:
a. A state-issued or United States
				territory-issued driver's license.
b. A government-issued identification
				card.
c. A United States
				passport.
d. A foreign passport
				with a United States visa, Form I-94 Arrival/Departure Record, or Form I-94W
				Nonimmigrant Visa Waiver Arrival/Departure Record.
e. A United States military card, active or
				retired member.
f. A United States
				military dependent's identification card.
g. A Native American tribal document issued
				by a tribe recognized by the United States government.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 240 - EUGENICS STERILIZATION COMPENSATION PROGRAM › Section 12VAC30-240-40 - Screening

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				shall screen an application and accompanying documentation for completeness
				according to the date and time the application is received. An application will
				be considered complete when all required documents have been received by the
				department.
B. If the department
				determines an application is incomplete, it shall notify the claimant or his
				lawfully authorized representative that the application is not complete in
				writing by certified mail no later than seven calendar days following the
				screening of the application. The notification shall specify the additional
				documentation required to complete the application.
C. If the application is incomplete, the
				claimant shall have 60 calendar days from the receipt of the notification to
				submit the required documentation. If the required documentation is not
				received within 60 calendar days, the application will be closed, and the
				claimant will be required to submit a new application. The department shall
				notify the claimant or his lawfully authorized representative in writing that
				the current application is closed and that a new application may be submitted
				should the required documentation become available.
D. No application shall be considered by the
				review panel or otherwise acted on until the department determines it to be
				complete with all required documentation. Completed applications shall be
				submitted to the review panel for consideration.
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 240 - EUGENICS STERILIZATION COMPENSATION PROGRAM › Section 12VAC30-240-50 - Review panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				commissioner shall appoint a review panel to consider applications and verify
				claimants' eligibility for compensation pursuant to this chapter.
B. The review panel shall consider completed
				applications in the order in which the applications are determined to be
				complete according to date and time of receipt of all required
				documentation.
C. The claimant or
				his lawfully authorized representative shall be notified of the decision of the
				review panel in writing by certified mail within seven calendar days of the
				decision.
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 240 - EUGENICS STERILIZATION COMPENSATION PROGRAM › Section 12VAC30-240-60 - Requests for reconsideration

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Any claimant or his lawfully authorized representative who disagrees with the
				determination of the department's review panel may submit a written request for
				reconsideration to the commissioner or his designee within 30 calendar days of
				the date of the written notice of denial of a claim pursuant to this
				chapter.
B. The commissioner or his
				designee shall provide an opportunity for the claimant or his lawfully
				authorized representative to submit for review any additional information or
				reasons why his claim should be approved as requested.
C. The commissioner or his designee after
				reviewing all submitted materials shall render a written decision on the
				request for reconsideration within 30 calendar days of the receipt of the
				request and shall notify the claimant or his lawfully authorized representative
				in writing. The commissioner's decision shall be binding.
D. Claimants may obtain further review of the
				decision in accordance with the Virginia Administrative Process Act (§
									2.2-4000 et seq. of the Code of
				Virginia).
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.