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Virginia Administrative Code
1/19/2020

22VAC30. Department for Aging and Rehabilitative Services

VAC AGENCY NO. 30

AGENCY SUMMARY

The Department for Aging and Rehabilitative Services is designated as the state agency authorized to carry out the purposes and provisions of the federal Rehabilitation Act of 1973, as amended under the Workforce Innovation and Opportunity Act of 2014 (P.L. 113-128), including receiving and administering federal funds to provide vocational rehabilitation and supported employment services to individuals with disabilities (Code of Virginia, Title 51.5, Chapter 14, Article 1) and to provide state independent living services and to develop and support a statewide network of centers for independent living (Code of Virginia, Title 51.5, Chapter 14, Article 10). The commissioner of the department is authorized to operate and maintain the Wilson Workforce and Rehabilitation Center, which provides comprehensive training, vocational evaluation, physical and mental restoration, and independent living services to persons with disabilities who have complex or multiple service needs. The commissioner is authorized to promulgate regulations necessary to carry out provisions of the laws administered by the department. (Code of Virginia, Title 51.5, Chapter 14, Article 2)

The department is responsible for (i) coordinating rehabilitative services to persons with functional and central nervous system disabilities (Code of Virginia, Title 51.5, Chapter 14, Article 1); (ii) establishing procedures and policies for soliciting and receiving applications for grants from the Commonwealth Neurotrauma Initiative Trust Fund and criteria for reviewing and ranking such applications in order to prevent traumatic spinal cord and brain injuries and to improve the treatment and care of persons with such injuries (Code of Virginia, Title 51.5, Chapter 14, Article 12) ); (iii) in cooperation with local education agencies, facilitating the transition of students with disabilities from secondary school programs to post-secondary training, education, and independent living (Rehabilitation Act); (iv) providing personal assistance services to assist individuals with disabilities who are receiving vocational rehabilitative services (Rehabilitation Act); and (v) administering funding for long-term and extended employment services for individuals with disabilities to assist with maintaining employment (Code of Virginia, Title 51.5, Chapter 14, Article 10). The department is responsible for administering the Social Security Administration's Disability Determination Services for SSDI and SSI claimants.

The department has the duty and power to act as the single state agency for administering the federal Older Americans Act of 1965, as amended.  As such, it has the authority to prepare, submit, and carry out state plans developed pursuant to the Act and to be the agency primarily responsible for coordinating state programs and activities affecting older Virginians.  The department is responsible for dividing the state into distinct planning and service areas and for designating a public or private nonprofit agency or organization as the area agency on aging for such area. The Commissioner is authorized to promulgate rules and regulations for the composition and operation of such area agencies on aging (Code of Virginia, Title 51.5, Chapter 14, Article 3).

The department houses the Office of the State Long-Term Care Ombudsman pursuant to the Older Americans Act. The Office investigates and resolves complaints made by or on behalf of residents of long-term care facilities and recipients of community-based long-term care services.  The Office designates and supervises local ombudsman entities established to fulfill the duties of the Office in specific geographic areas (Code of Virginia, Title 51.5, Chapter 14, Article 3).

The department operates the Public Guardian and Conservator Program for persons who cannot adequately care for themselves because of incapacity where (i) the incapacitated person's financial resources are insufficient to fully compensate a private guardian or conservator and (ii) there is no other proper and suitable person willing and able to serve in such capacity. The department is directed to fund, coordinate, administer and manage local or regional programs to provide services as public guardians or conservators.  The Commissioner is authorized to promulgate regulations to implement, administer, and manage such programs (Code of Virginia, Title 51.5, Chapter 14, Article 6).

The department is responsible for developing, maintaining, monitoring, and supervising the implementation of legislation, regulations and policy for the adult services (Code of Virginia, Title 51.5, Chapter 14, Article 4),adult protective services (Code of Virginia, Title 51.5, Chapter 14, Article 5) and auxiliary grant programs (Code of Virginia, Title 51.5, Chapter 14, Article 9). The department provides technical assistance and training to the local departments of social services that provide the services. Local services provided to eligible individuals include the investigations of reports of abuse, neglect and exploitation of vulnerable adults and the provision of protective services; home-based companion, chore, and homemaker services; assessments and screenings for long-term care placements; and eligibility determinations for state and local funded auxiliary grants to low income individuals in assisted living facilities, adult foster care homes, or supportive housing. The department also evaluates the performance of the local programs and disseminates statistical information on the Adult Services, Adult Protective Services and Auxiliary Grant programs.

In addition, the Commissioner is required to promulgate regulations with regard to any human research to be conducted or authorized by the department, any sheltered workshop, any independent living center, or the Wilson Workforce and Rehabilitation Center (Code of Virginia, Title 51.5, Chapter 14, Article 2).

The department operates under the supervision of the Secretary of Health and Human Resources. Regulations are available at the department's central office at 8004 Franklin Farms Drive, Henrico, VA 23229. Internet address: http://www.vadars.org/

Rev. 08/2019

 

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