Administrative Code

Virginia Administrative Code
4/12/2024

Chapter 70. Regulations Governing the Provision of Rehabilitation Teaching and Independent Living Services

22VAC45-70-10. Definitions.

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

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

"Blind person" means an individual who has central visual acuity of 20/200 or less in the better eye, as measured with best correction, or a limitation in the field of vision in the better eye, such that the widest diameter of the visual field subtends an angle of 20 degrees or less, as defined in § 51.5-60 of the Code of Virginia.

"Deafblind person" means an individual:

1. a. Who has central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual fields subtends an angular distance no greater than 20 degrees, or a progressive visual loss having a prognosis leading to one or both of the conditions;

b. Who has a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and

c. For whom the combination of impairments described in subdivisions 1 a and 1 b of this definition cause extreme difficulty in attaining independence in daily life activities, achieving psychological adjustment, or obtaining a vocation; and

2. Who, despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints or both, can be determined through functional and performance assessments to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychological adjustment, or obtaining vocational objectives.

"Department" or "DBVI" means the Department for the Blind and Vision Impaired.

"Financial needs assessment' means an assessment to consider the financial need of an individual who is applying for or receiving rehabilitation teaching and independent living services to determine the extent of the individual's participation in the costs of services.

"Independent living" means control over one's life based on the choice of acceptable options that minimize reliance on others in making decisions and performing everyday activities. This includes managing one's affairs, participating in day-to-day life in the community, fulfilling a range of social roles, making decisions that lead to self-determination, and the minimization of physical and psychological dependence on others.

"Reasonable expectation" means that rehabilitation teaching and independent living services are anticipated to significantly assist an individual to improve his ability to cope with blindness and function more independently.

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

Rehabilitation Teaching/Independent Living Program Plan" or "Plan" means a written program of rehabilitation teaching services identified during the assessment for each individual determined eligible for services by the Rehabilitation Teaching/Independent Living Program.

"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, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002; Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-70-20. Referral and application.

A. To be considered for rehabilitation teaching and independent living services, DBVI must obtain the following information from the individual seeking services:

1. Name and address;

2. Date of birth and gender;

3. Disability; and

4. Date of referral.

DBVI shall expeditiously process the application of an individual who is referred for rehabilitation teaching and independent living services.

B. DBVI shall conduct an assessment of the rehabilitation teaching and independent living needs of an individual who applies for services. The assessment is limited to information that is necessary to determine eligibility for rehabilitation teaching and independent living services consistent with 22VAC45-70-30.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-3 § 2.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002; Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-70-30. Eligibility for rehabilitation teaching and independent living services.

A. Eligibility shall be determined without regard to sex, sexual orientation, gender identity, race, creed, color, or national origin. No individual shall be excluded or found ineligible solely on the basis of the type of disability or on the basis of age. No residence requirement shall be imposed that excludes from services any individual who is presently in the Commonwealth.

B. To be eligible for rehabilitation teaching and independent living services, an individual must have a visual limitation that constitutes or results in a substantial impediment to personal independent functioning, and there must be a reasonable expectation that rehabilitation teaching and independent living services will significantly assist the individual to improve his ability to cope with blindness and to function more independently. An individual has a visual limitation if the individual:

1. Is a "blind person" as defined in 22VAC45-70-10;

2. Has distance vision of 20/70 to 20/200 in the better eye with correcting glasses or a field limitation to 30 degrees or less in the better eye, has been unable to adjust to the loss of vision and has been determined by the rehabilitation teacher t to be in need of the specialized services available through the DBVI rehabilitation teaching and independent living program; or

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

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-3 § 3.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002; Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-70-40. Eligibility determination.

Prior to or simultaneously with acceptance of an individual for rehabilitation teaching and independent living services, there shall be a determination of eligibility; a case narrative shall state the basis for the eligibility determination and a reasonable expectation that rehabilitation teaching and independent living services shall assist the individual to improve his ability to cope with blindness and to function more independently. When an individual is determined ineligible for rehabilitation teaching services and independent living services, the rehabilitation teacher shall inform the individual of the ineligibility determination, stating the reason. 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, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002; Volume 38, Issue 11, eff. February 16, 2022.

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.

22VAC45-70-60. The Rehabilitation Teaching/Independent Living Program Plan.

Initial plan development.

1. The Plan shall specify the rehabilitation teaching and independent living services that the individual and DBVI rehabilitation teacher jointly determine are necessary to increase the individual's level of adaptive coping skills and functional independence.

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

3. Rehabilitation teaching and independent living services shall be provided in accordance with the Plan.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-3 § 4.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002; Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-70-70. Scope of rehabilitation teaching and independent living services.

Services provided through the rehabilitation teaching and independent living program may include:

1. Counseling to determine the individual's need for specific rehabilitation teaching and independent living services.

2. Referral to and information regarding resources and programs, internal and external to DBVI, which might benefit the individual.

3. Counseling to assist the individual to cope with vision loss.

4. Provision of low vision services in accordance with the 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 to facilitate 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, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002; Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-70-80. Financial participation in cost of services.

A. DBVI has elected to uniformly apply a financial needs assessment for persons receiving purchased rehabilitation teaching and independent living services and goods in the Commonwealth. Purchased services and goods may be provided at no cost to the recipient who is a blind person if the family's income is less than 80% 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 U.S. Department of Health and Human Services, Family Support Administration. DBVI shall review and change its financial participation levels to match the estimated median income level annually.

B. There shall be no financial participation in cost of services required for the assessment, counseling, low vision exams, information and referral, and instructional services provided through the rehabilitation teaching and independent living program.

C. 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 the individual or family member to attend a private or public educational facility. Medical expenses, including routine doctors' visits and hospital insurance premiums, may not be deducted.

2. When the individual's gross family income, liquid assets, or both, exceed the financial need requirement after allowable deductions have been considered, the individual and his family are required to apply the excess toward the cost of those services provided by rehabilitation teaching and independent living 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, Virginia Register Volume 6, Issue 11, eff. March 28, 1990; Volume 18, Issue 11, eff. March 13, 2002; Volume 38, Issue 11, eff. February 16, 2022.

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