Administrative Code

Virginia Administrative Code
1/18/2021

Chapter 70. Provision of Services in Rehabilitation Teaching

Part I
Introduction

22VAC45-70-10. Definitions.

The following words and terms when used in this chapter shall have the following meaning unless the context clearly indicates otherwise:

"Assessment" means the systematic evaluation or identification of the consumers' need for and ability to benefit from services.

"Blindness, legal blindness" means the condition as defined in §§ 63.1-142 and 63.1-166 of the Code of Virginia.

"Consumer" means any person undergoing an assessment or receiving a service provided by the Rehabilitation Teaching Program of the Department for the Blind and Vision Impaired.

"Individualized Written Rehabilitation Program (IWRP)" means a written program of rehabilitation teaching services identified during the assessment for each consumer determined eligible for services by this program.

"Reasonable expectation" means that rehabilitation teaching services are anticipated to significantly assist a consumer to improve his ability to function independently.

"Rehabilitation teaching" means the process of guiding and instructing a visually impaired consumer through an individualized plan of instruction designed to develop and raise the level of adaptive coping skills and functional independence.

"Severely visually impaired" means vision less than 20/70 in the better eye with correction or a field restricted to 70 degrees or less in the better eye.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-3 § 1.1, eff. August 3, 1988; amended, Volume 06, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002.

Part II
Referral

22VAC45-70-20. Referral.

A. To be considered for services, the following information must be obtained:

1. Name and address;

2. Date of birth and sex;

3. Disability; and

4. Date of referral.

The department shall expeditiously process persons referred for rehabilitation teaching services.

B. An assessment by the Department for the Blind and Vision Impaired is required of each person who applies for rehabilitation teaching services. The assessment is limited to that information necessary to determine eligibility for rehabilitation teaching services consistent with 22VAC45-70-30 and to determine which rehabilitation teaching services are needed.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-3 § 2.1, eff. August 3, 1988; amended, Volume 06, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002.

Part III
Eligibility

22VAC45-70-30. Eligibility for rehabilitation teaching services.

A. To be eligible for rehabilitation teaching services, a consumer must have a visual limitation that constitutes or results in a substantial impediment to personal independent functioning. A consumer has a visual limitation if one or more of the following criteria are met:

1. Legal blindness;

2. 20/100 to 20/200 distance vision in the better eye with correcting glasses or a field limitation to 30 degrees or less in the better eye, and if the person has been unable to adjust to the loss of vision and if it is determined by the rehabilitation teacher that the person is in need of the specialized services available through the Department for the Blind and Vision Impaired's rehabilitation teaching; or

3. Night blindness or a rapidly progressive eye condition which, in the opinion of a qualified ophthalmologist, will reduce the distance vision to 20/200 or less.

B. A reasonable expectation that rehabilitation teaching services will significantly assist the consumer to improve his ability to cope with blindness and to function more independently.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-3 § 3.1, eff. August 3, 1988; amended, Volume 06, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002.

22VAC45-70-40. Eligibility determination.

Prior to or simultaneously with acceptance of a consumer for rehabilitation teaching services, there shall be a determination of eligibility; a case narrative shall state the basis for the visual eligibility and a reasonable expectation that rehabilitation teaching will significantly assist the consumer in achieving or maintaining functional independence. When a consumer is determined ineligible for rehabilitation teaching services, the rehabilitation teacher shall inform the consumer of the ineligibility determination, stating the reason or reasons. This may be done during a personal contact or by a letter.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-3 § 3.2, eff. August 3, 1988; amended, Volume 06, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002.

22VAC45-70-50. (Repealed.)

Historical Notes

Derived from VR670-03-3 § 3.3, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; repealed, Virginia Register Volume 18, Issue 11, eff. March 13, 2002.

Part IV
Services

22VAC45-70-60. The Individualized Written Rehabilitation Teaching Program (IWRP).

Initial plan development.

1. The IWRP shall specify the rehabilitation teaching services that the consumer and DBVI instructor jointly determine are necessary to raise the level of adaptive coping skills and functional independence.

2. The IWRP shall be initiated after determination of eligibility and periodically updated to include additional rehabilitation teaching services that are needed by the consumer.

3. Rehabilitation teaching services shall be provided in accordance with IWRP.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-3 § 4.1, eff. August 3, 1988; amended, Volume 06, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002.

22VAC45-70-70. Scope of rehabilitation teaching services.

Services provided through the rehabilitation teaching services program may include:

1. Counseling to determine the consumer's need for specific rehabilitation teaching services.

2. Referral to and information regarding resources and programs that might benefit the consumer.

3. Counseling to assist the consumer cope with visual loss.

4. Provision of low vision services in accordance with Regulations Governing Low Vision, 22VAC45-110.

5. Instruction in the following areas:

a. Personal management skills or activities of daily living;

b. Home management skills;

c. Communication skills, including reading and writing braille, typing, script writing, and use of electronic equipment and technology;

d. Other appropriate adaptive coping skills, i.e., leisure and recreational activities; and

e. Information and instruction in the acquisition of and use of adaptive equipment.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-3 § 4.2, eff. August 3, 1988; amended, Volume 06, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002.

Part V
Financial Participation

22VAC45-70-80. Financial participation.

A. The Department for the Blind and Vision Impaired has elected to uniformly apply a financial needs assessment for persons receiving purchased rehabilitation teaching services and goods in the Commonwealth. Purchased services and goods may be provided at no cost to the recipient who is legally blind if the family's income is less than 100% of the federally estimated median income for Virginia, and if the family's assets are less than 50% of the federally estimated median income as determined by the United States Department of Health and Human Services, Family Support Administration. The Department for the Blind and Vision Impaired will change its financial participation levels to match the above-referenced estimated median income level every third year.

B. There is no financial participation required for the assessment, counseling, low vision exams, information and referral, and instructional services provided through the rehabilitation teaching services program.

C. Consumers must be both legally blind and demonstrate financial need as determined by the financial needs assessment in order to receive any purchased services or goods other than a low vision exam.

D. Allowable deductions from income.

1. Expenses that may be deducted from family income on the financial needs assessment are unusual medical expenses and the education of a consumer or family member to attend a private or public educational facility. Medical expenses such as routine doctors' visits and hospital insurance premiums may not be deducted.

2. When the consumer's gross family income, liquid assets, or both, exceed the financial eligibility requirement after allowable deductions have been considered, the consumer and his family are required to apply the excess toward the cost of those services provided by rehabilitation teaching services for which financial need is considered.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-3 § 5.1, eff. August 3, 1988; amended, Volume 06, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002.

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