Virginia Law

Agency 30. Department For Aging And Rehabilitative Services

Preface

VAC AGENCY NO. 30
DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES

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 pursuant to Article 2 (§ 51.5-130 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia and to provide state independent living services and to develop and support a statewide network of centers for independent living pursuant to Article 10 (§ 51.5-161 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia. The commissioner of the department is authorized pursuant to Article 2 (§ 51.5-130 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia 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

The department is responsible for (i) coordinating rehabilitative services to persons with functional and central nervous system disabilities pursuant to Article 1 (§ 51.5-116 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia; (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 pursuant to Article 12 (§ 51.5-178 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia; (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 pursuant to Article 10 (§ 51.5-161 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia. 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 pursuant to Article 3 (§ 51.5-134 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia.

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 pursuant to Article 3 (§ 51.5-134 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia.

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. Starting in 2025, the department will also be authorized to develop and provide training for all court-appointed guardians pursuant to Article 6 (§ 51.5-149 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia.

The department is responsible for developing, maintaining, monitoring, and supervising the implementation of legislation, regulations, and policy for adult services pursuant to Article 4 (§ 51.5-144 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia, adult protective services pursuant to § 51.5-158 of the Code of Virginia, and the auxiliary grants program pursuant to Article 9 (§ 51.5-159 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia. 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-funded and locally 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 adult services, adult protective services, and the auxiliary grants program.

In addition, the commissioner is required to promulgate regulations with regard to any human research conducted or authorized by the department, area agencies on aging, sheltered workshops, independent living centers, and the Wilson Workforce and Rehabilitation Center pursuant to Article 2 (§ 51.5-130 et seq.) of Chapter 14 of Title 51.5 of the Code of Virginia.

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://dars.virginia.gov.

Rev. 07/2024

Chapter 10

Public Participation Guidelines [Repealed]Read all

Section 10

[Repealed]

Section 20

[Repealed]

Section 30

[Repealed]

Section 40

[Repealed]

Section 50

[Repealed]

Section 60

[Repealed]

Chapter 11

Public Participation GuidelinesRead all

Part I

Purpose and Definitions

Section 10

Purpose

Section 20

Definitions

Part II

Notification of Interested Persons

Section 30

Notification List

Section 40

Information to Be Sent to Persons on the Notification List

Part III

Public Participation Procedures

Section 50

Public Comment

Section 60

Petition for Rulemaking

Section 70

Appointment of Regulatory Advisory Panel

Section 80

Appointment of Negotiated Rulemaking Panel

Section 90

Meetings

Section 100

Public Hearings on Regulations

Section 110

Periodic Review of Regulations

Chapter 20

Provision of Vocational Rehabilitation ServicesRead all

Section 10

Definitions

Section 20

Processing Referrals and Applications

Section 30

Assessment for Determining Eligibility and Priority for Services

Section 40

Eligibility Determination

Section 50

[Repealed]

Section 60

[Repealed]

Section 70

Certification of Eligibility

Section 80

Procedures for Ineligibility Determination

Section 90

Order of Selection for Services

Section 95

Information and Referral Services

Section 100

The Individualized Plan for Employment Procedures

Section 110

Individualized Plan for Employment Content

Section 120

Scope of Vocational Rehabilitation Services for Individuals

Section 130

Individuals Determined to Have Achieved an Employment Outcome

Section 140

Authorization of Services

Section 150

Written Standards for Facilities and Providers of Services

Section 160

Participation of Individuals in the Cost of Services Based on Financial Need

Section 170

Availability of Comparable Services and Benefits

Section 180

[Repealed]

Section 181

Review of Determinations Made by the Department

Section 190

Protection, Use, and Release of Personal Information

Section 195

Youth with Disabilities Seeking Subminimum Wage Employment

Section 200

Review of Extended Employment and Other Employment under Special Certificate Provisions of the Fair Labor Standards Act

Section 210

Agency Responsibilities to Individuals with Disabilities During Subminimum Wage Employment

FORMS

Forms (22VAC30-20)

Chapter 30

Provision of Independent Living Rehabilitation ServicesRead all

Part I

Independent Living Services Program And Centers For Independent Living Program: General Provisions

Section 10

Definitions

Section 20

Eligibility for Independent Living (Il) Services

Section 30

[Repealed]

Section 31

Consumer Service Record

Section 40

[Repealed]

Section 50

Ineligibility

Section 60

Order of Selection for Services

Section 70

Independent Living Plan (Il Plan)

Section 80

Scope of Independent Living (Il) Services for Individuals

Section 90

Participation by Individuals in the Cost of Services

Section 100

Consideration of Similar Benefits

Section 110

Consumer Appeal Procedures

Section 120

Protection, Use and Release of Personal Information

Section 130

[Repealed]

Part II

Centers For Independent Living (CIL) Program

Section 131

Agencies Eligible for Cil Program

Section 140

[Repealed]

Section 141

Order of Priorities for Centers for Independent Living

Section 150

Governing Board of Centers for Independent Living

Section 160

Staff

Section 170

[Repealed]

Section 171

Cil Assurances

Section 180

[Repealed]

Section 181

Evaluation Standards

Section 190

[Repealed]

Section 191

Compliance Indicators

Section 200

[Repealed]

Section 201

Funded Activities under Cil Program

Section 210

[Repealed]

Section 211

Periodic Review of Centers for Independent Living (Cils)

Section 220

Appeal Procedures for Cils

Section 230

[Repealed]

Part III

Independent Living Services (ILS) Program

Section 241

Agencies Eligible for Ils Program

Section 250

Referrals

Section 260

Authorized Use of Ils Funds

Section 270

Grants or Contracts for Il Services

Section 280

Standards for Service Providers

Chapter 40

Protections of Participants in Human ResearchRead all

Section 10

Definitions

Section 20

[Reserved.]

Section 30

Applicability

Section 40

General Provisions for Conducting Human Subjects Research

Section 50

Certification Process

Section 60

Composition of the Hrrc

Section 70

Elements of the Hrrc's Review Process

Section 80

Kinds of Research Exempt from Committee Review

Section 90

Expedited Review Procedures for Certain Kinds of Research Involving No More Than Minimal Risk, and for Minor Changes in Approved Research

Section 100

Informed Consent

Section 110

Hrrc Records

Section 120

Mandatory Reporting

Section 130

Role of the Commissioner

Section 140

Applicability of State Policies

Section 150

Applicability of Federal Policies

Section 160

Additional Protection for Minors Involved As Subjects in Research

Chapter 50

Policies and Procedures for Administering the Commonwealth Neurotrauma Initiative Trust FundRead all

Part I

Definitions and General Information

Section 10

Definitions

Section 20

Statement of General Policy

Section 30

Disbursement of Funds

Section 40

Compliance with the Administrative Process Act

Section 50

Application of Exemption to the Virginia Freedom of Information Act

Part II

Soliciting and Reviewing Applications

Section 60

Requests for Proposals

Section 70

Grant Reviewers and Technical Advisors

Section 80

Specification of Option a or B

Section 90

Submission of Applications

Part III

Specific Project Consideration and Application Criteria, Selection of Successful Applications and Amount and Announcement of Awards

Section 100

Reviewing and Ranking Grant Applications

Section 110

Amount of Grant Awards; Duration and Availability of Funding

Section 120

Unexpended Funds

Chapter 60

Grants to Area Agencies on AgingRead all

Part I

Introduction

Section 10

Purpose

Section 20

Definitions

Section 30

Applicability of Other Regulations

Part II

Area Agencies on Aging

Section 40

Planning and Service Areas

Section 50

Application Procedures to Obtain Designation As a New Planning and Service Area or As a New Area Agency on Aging.

Section 60

Termination of the Designation of an Area Agency on Aging.

Section 70

Designation of a New Area Agency on Aging

Part III

Area Plans for Aging Services

Section 80

Preparation and Submission of the Area Plan

Section 90

Population to Be Served

Section 100

Priority Services

Section 110

Direct Services

Part IV

Administration of Grants and Contracts

Article 1

Principles and Standards for Financial Management and Accounting

Section 120

Basis of Accounting

Section 130

Authority to Expend Federal and State Funds

Section 140

Chart of Accounts

Section 150

Elements of an Acceptable Financial Management System

Section 160

Usda Funds

Section 170

Reimbursement from Other Sources

Section 180

Liquidation of Obligations

Section 190

Area Agency on Aging Fiscal Manual

Article 2

Transfer of Funds

Section 200

Authority to Transfer Funds Between the Titles of the Older Americans Act

Article 3

Personnel Policies

Section 210

Employment of Key Area Agency on Aging Personnel

Section 220

Taking Security Deposits and Making Payments on Behalf of Clients

Section 230

Support for Labor Distribution

Section 240

Up-To-Date Job Descriptions for All Title III Funded Positions

Article 4

Property Control

Section 250

Inventorying Acquired Equipment

Section 260

Control of Usda Commodities

Section 270

Purchase of Automatic Data Processing (Adp) Equipment

Section 280

Area Agency on Aging Property Control Policies

Article 5

Procurement Practices and Contracting

Section 290

Summary of Procurement Procedures

Section 300

Contract Awards to Area Agencies on Aging

Section 310

Unauthorized Awards to Debarred, Suspended, or High-Risk Subcontractors

Section 320

Authority for Multiyear Awards

Section 330

Preference for Small Business and Minority Firm Awards of Grants and Contracts.

Section 340

Contract and Competitive Grants Appeals Process

Article 6

General Program Income

Section 350

Acceptable Methods for General Program Income

Section 360

Treatment of Interest Earned on Advances

Section 370

Allowable Investment and Custody Policies.

Section 380

Timing of Spending General Program Income

Section 390

Special Internal Control Safeguards over Participant Contributions

Section 400

Area Agency on Aging Written Policies on Program Income

Article 7

Bank Balance and Check Handling Procedures

Section 410

Rules on Cash Management by Area Agencies on Aging

Section 420

Fidelity Bond Requirements

Article 8

Monitoring of Subcontractors of Area Agencies on Aging

Section 430

Area Agency on Aging Written Policies on Subcontractor Monitoring

Article 9

Carry-Over Balance Policies

Section 440

Carry-Over Funds

Article 10

Audits

Section 450

Area Agencies on Aging Retain Own Independent Public Accountants

Section 460

Frequency of Audits and Due Date for Submission of Audit Reports

Section 470

Scope of Audit Report

Section 480

Area Agency on Aging Audit Resolution

Article 11

Close-Out Procedures

Section 490

Close-Out

Section 500

Bankruptcy

Section 510

Follow-Up Actions to Grant or Subgrantee Close-Out or Termination

Article 12

Record Management

Section 520

Area Agency Record Retention Requirements

Section 530

Contractors and Subcontractors

Section 540

Other Record Retention Requirements

Section 550

Area Agency Policy and Procedures

Section 560

Access to Records

Part V

Long-Term Care Ombudsman Program

Section 570

Office of the State Long-Term Care Ombudsman

Section 580

Substate Long-Term Care Ombudsman Programs

Section 590

Conflict of Interest

DIBR

Documents Incorporated by Reference (22VAC30-60)

Chapter 70

The Virginia Public Guardian and Conservator ProgramRead all

Section 10

Definitions

Section 20

Introduction and Purpose

Section 30

Public Guardian Programs

Section 40

Personnel Standards

Section 50

Recordkeeping

Section 60

Evaluation and Monitoring of Public Guardian Programs

Chapter 80

Auxiliary Grants ProgramRead all

Section 10

Definitions

Section 15

Residency Requirement

Section 20

Assessment

Section 30

Basic Services in an Assisted Living Facility or an Adult Foster Care Home

Section 35

Basic Services in Supportive Housing Settings

Section 40

Personal Needs Allowance

Section 45

Conditions of Participation in the Program

Section 50

Establishment of Rate

Section 60

Reimbursement

Section 70

Certification and Record Requirements

Section 80

Foreign Government Restitution Payments to Holocaust Survivors

FORMS

Forms (22VAC30-80)

Chapter 100

Adult Protective ServicesRead all

Section 10

Definitions

Section 15

Mandated Reporters

Section 20

Adult Protective Services Intake and Investigation

Section 30

[Repealed]

Section 40

Adult Protective Services Disposition

Section 45

Right to Review

Section 50

Disclosure of Adult Protective Services Information

Section 60

Opening a Case for Service Provision

Section 70

Civil Penalty for Nonreporting

Section 80

Imposition of Civil Penalty

Chapter 110

Assessment in Assisted Living FacilitiesRead all

Part I

Definitions

Section 10

Definitions

Part II

Assessment Services

Section 20

Individuals to Be Assessed

Section 30

Determination of Services to Be Provided

Section 40

Discharge

Section 50

Authorization of Services to Be Provided

Section 60

Criteria for Residential Living Care

Section 70

Criteria for Assisted Living Care

Section 80

Rating of Levels of Care on the Uniform Assessment Instrument

Section 90

Actions to Be Taken Upon Completion of the Uniform Assessment Instrument

Section 100

Targeted Case Management for Individuals Receiving an Auxiliary Grant

Part III

Appeals

Section 110

Notifications

FORMS

Forms (22VAC40-745)

DIBR

[Repealed]

Chapter 120

Adult Services Approved ProvidersRead all

Section 10

Definitions

Section 20

Local Department-Approved Providers

Section 30

Standards for Providers and Other Persons

Section 40

Standards of Care For Local Department-Approved Providers

Section 50

Standards for the Home of the Adult Foster Care Provider

Section 60

Record Requirements for Adult Foster Care

Section 70

Approval Period

Section 80

Allowable Variance

Section 90

Emergency Approval

Section 100

Provider Monitoring

Section 110

Renewal Process

Section 120

Inability to Meet Standards

Section 130

Relocation of Adult Foster Care Provider

Section 140

Right to Review

Section 150

Rights of Adults Receiving Care

Section 160

Responsibilities of Adults in Adult Foster Care

Chapter 130

Adult Services StandardsRead all

Section 10

Definitions

Section 20

Intake Process

Section 30

Services and Activities

Section 40

Eligibility Determination

Section 50

Service Planning

Section 60

Responsibilities of Local Department

FORMS

Forms (22VAC30-130)