Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 30. Department of Medical Assistance Services
Chapter 122. Community Waiver Services for Individuals with Developmental Disabilities

12VAC30-122-50. Criteria for all individuals seeking Developmental Disability Waivers services.

The following three criteria shall apply to all individuals who seek DD Waivers services:

1. The need for DD Waivers services shall arise from an individual having a diagnosed condition of developmental disability as defined in § 37.2-100 of the Code of Virginia.

2. Individuals qualifying for the DD Waivers services shall meet the level-of-care provided in an ICF/IID as set forth in the VIDES and shall demonstrate this need at least annually consistent with 42 CFR 441.302. This is demonstrated by having significant functional limitations in major life activities as documented on their VIDES forms. The VIDES forms shall be conducted in person , unless the individual to be screened resides out of state, by a qualified support coordinator to establish if the individual meets the level of care required for the DD Waivers.

a. VIDES for infants shall be used for the evaluation of individuals who are younger than three years of age (DMAS-P235).

b. VIDES for children shall be used for the evaluation of individuals who are three years of age through 17 years of age (DMAS-P-236).

c. VIDES for adults shall be used for the evaluation of individuals who are 18 years of age and older (DMAS-P237).

3. Once assigned a waiver slot, the individual shall meet the financial eligibility criteria set out in 12VAC30-122-60.

4. Individuals shall indicate their willingness to accept waiver services within 30 days of slot assignment.

Statutory Authority

§ 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Historical Notes

Derived from Virginia Register Volume 37, Issue 14, eff. March 31, 2021.

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