Administrative Code

Virginia Administrative Code
Title 22. Social Services
Agency 45. Department for the Blind and Vision Impaired
9/19/2020

Chapter 80. Provision of Independent Living Rehabilitation Services

Part I
Introduction

22VAC45-80-10. Definitions.

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

"Center for independent living" means a program of services which offers a combination of independent living services for severely handicapped individuals or groups of severely handicapped individuals.

"Client Assistance Program" means a program located within the Department for Rights of the Disabled for the purpose of advising independent living rehabilitation applicants or clients about all available services under the Rehabilitation Act of 1973, as amended, and to assist them in their relationship with programs, projects, and facilities providing independent living rehabilitation services.

"Comparable services and benefits" means any appropriate service or financial assistance available from a program other than independent living to meet, in whole or in part, the cost of independent living services and which is under an individualized written rehabilitation program for a handicapped individual.

"Economic needs test" means a test used to consider the financial need of handicapped individuals for the purpose of determining the extent of their participation in the costs of services provided by this program.

"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 dependency on others.

"Individual with a severe disability" means an individual whose ability to function independently in a family or a community or whose ability to engage or continue in employment is so limited by the severity of his physical or mental disability that independent living rehabilitation services are required in order to achieve a greater level of independence in functioning in a family or a community or engaging or continuing in employment. Independent living rehabilitation services needed by an individual with a severe disability generally are appreciably more costly and of appreciably greater duration than vocational rehabilitation services that might be provided under 34 CFR 361.

"Individualized Written Rehabilitation Program (IWRP)" means an individualized written rehabilitation program for each individual being provided specified services by this program.

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

"Reasonable expectation" means an expected outcome of services provision based on a judgment or decision made jointly by an applicant (or parent or guardian) and a case manager that the services requested and provided will enable the applicant to improve independent functioning.

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

Statutory Authority

§§ 51.5-23 and 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-4 § 1.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990.

22VAC45-80-20. Referrals.

The department shall expeditiously and equitably process referrals for independent living services.

A referral is any person for whom independent living rehabilitation services have been requested and for whom the worker has obtained the following information:

1. Name and address;

2. Date of birth and sex;

3. Disability or disabilities; and

4. Referral source and date of referral.

Statutory Authority

§§ 51.5-23 and 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-4 § 2.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990.

Part III
Eligibility and Ineligibility

22VAC45-80-30. Eligibility for independent living services.

A. Eligibility requirements shall be applied without regard to sex, race, creed, color, or national origin. No group or 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 which excludes from services any individual who is presently in the Commonwealth.

B. An assessment or evaluation by the Department for the Visually Handicapped (DVH) is required of each severely disabled person who applies for independent living services. The assessment is limited to that information necessary to determine whether the individual is eligible to be provided independent living services, and to determine which independent living services are needed.

C. All applicants for independent living services must be apprised of the services of the Client Assistance Program within the Department for Rights of the Disabled.

Statutory Authority

§§ 51.5-23 and 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-4 § 3.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990.

22VAC45-80-40. Basic conditions for eligibility.

The following set forth criteria for basic eligibility:

1. The presence of legal blindness, which constitutes or results in a substantial impediment to the individual's ability to function independently in the family or community.

2. A reasonable expectation that independent living services will significantly assist the individual to improve his ability to function independently in his family or community or to engage in or continue employment.

3. Center for independent living. In addition to the basic conditions for eligibility contained in subdivisions 1 and 2 of this section, an individual must possess a second severe physical, mental, or emotional disability which constitutes or results in a substantial impediment to the individual's ability to function independently in a family or community.

Statutory Authority

§§ 51.5-23 and 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-4 § 3.2, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990.

22VAC45-80-50. Certification of eligibility.

A. Prior to or simultaneously with acceptance of an individual with a severe disability for independent living rehabilitation services, there must be a certification that the individual has met the basic requirements specified in 22VAC45-80-40.

B. The certification is approved, dated, and signed by a DVH staff member.

Statutory Authority

§§ 51.5-23 and 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-4 § 3.3, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990.

22VAC45-80-60. Certification of ineligibility.

A. When it is determined that independent living rehabilitation services cannot be expected to assist an individual to engage or continue in employment or to function more independently in family or community, a certification of ineligibility shall be signed and dated by a DVH staff member. A copy shall be provided to the individual simultaneously.

Such determination shall be made only after full consultation with the individual or, as appropriate, his guardian, or other representative. After affording a clear opportunity for this consultation, the DVH shall ensure notification in writing of the action taken and shall inform the individual of his rights and the means by which he may express and seek remedy for any dissatisfaction, including procedures for administrative review and fair hearings. The individual shall be provided a detailed explanation of the availability of the resources within the Client Assistance Program, Department for Rights of Virginians with Disabilities; and as appropriate, referral shall be made to other agencies and facilities, including, when appropriate, the vocational rehabilitation program.

B. Review of ineligibility determination. When DVH has certified the ineligibility of an applicant for independent living rehabilitation services because of a determination that these services cannot be expected to assist the individual to engage or continue employment or to continue to function more independently in family or community, the individual's ineligibility status will be reviewed annually. The review will not be conducted in situations where the individual has refused the review, is no longer present in Virginia, or the individual's whereabouts are unknown.

Statutory Authority

§§ 51.5-23 and 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-4 § 3.4, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990.

22VAC45-80-70. The Individualized Written Independent Living Rehabilitation Program (IWRP).

A. Initial plan development.

1. The IWRP shall be initiated and periodically updated for individually provided independent living services.

2. Independent living services shall be provided in accordance with the IWRP and approved by DVH staff member. A copy of the IWRP and any amendments shall be provided to the blind individual or his parents, guardian, or other representative.

3. The IWRP must be initiated after certification of eligibility for independent living services.

B. IWRP review. The IWRP shall be reviewed as often as necessary but at least on an annual basis. Each blind individual or his parents, guardian, or other representative shall be given an opportunity to review the IWRP and, if necessary, jointly modify the IWRP.

C. Determination of ineligibility under IWRP. If it becomes necessary to terminate services for any reason under an IWRP, the following conditions and procedures shall be met and carried out:

1. The decision shall be made only with the full participation of the blind individual, or his parents, guardian, or other representative, unless the individual has refused to participate, the individual is no longer residing in Virginia, or his whereabouts are unknown. When the full participation of the individual or a representative of the individual has been secured in making the decision, the reviews of the individual shall be recorded in the IWRP.

2. The basis for the ineligibility decision shall be recorded as an amendment to the IWRP, certifying that the provision of independent living services has not enabled the individual to function more independently in family or community or engaging or continuing employment. A certification of ineligibility is then completed.

3. There shall be at least an annual review of the ineligibility decision in which the individual is given an opportunity for full consideration in the reconsideration of the decision, except in situations where a periodic review would be precluded because the individual has refused services, has refused a periodic review, the individual is no longer living in Virginia, or his whereabouts are unknown. The first periodic review of the ineligibility decision shall be initiated by DVH staff. Any additional reviews shall be provided at the request of the individual.

D. Coordination with vocational rehabilitation, developmental disabilities and education program. The development of the IWRP for independent living services will be coordinated with the IWRP for vocational rehabilitation services if there is such a program, as well as with any individualized written rehabilitation program for the individual prepared under Developmental Disabilities Assistance and Bill of Rights Act or with any individualized education program for the individual.

Statutory Authority

§§ 51.5-23 and 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-4 § 3.5, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990.

Part IV
Scope of Services

22VAC45-80-80. Scope of independent living rehabilitation services for individuals.

The following independent living rehabilitation services may be provided if deemed necessary to the independence of the individual:

1. Intake counseling to determine the severely handicapped individual's need for specific independent living services;

2. Counseling services, including psychological counseling, psychotherapeutic counseling, peer counseling, and related services;

3. Advocacy for disabled individuals with respect to legal and economic rights and benefits;

4. Housing incidental to the provision of independent living rehabilitation service—this includes assistance in finding adequate housing and minor modifications to make housing accessible;

5. Independent living skills, counseling, and training:

a. Special tutorial and training services;

b. Orientation and mobility;

c. Special communication skills for deaf-blind;

d. Interpreter services for deaf-blind;

e. Rehabilitation teaching; and

f. Education and training necessary for living in the community and consumer education.

6. Transportation associated with the provision of essential independent living services;

7. Reader services;

8. Recreation activities—group and individual;

9. Attendant care—attendant for short-term care--to enable a multihandicapped blind person who has potential for acquiring skills to expand his independent living skills;

10. Interpreter services for deaf-blind;

11. Services to members of a blind individual's family when needed for improving the individual's ability to live and function more independently;

12. Provision of physical, occupational, and speech therapy;

13. Purchase of special adaptive aids and appliances;

14. Vocational and other training services;

15. Information, referral, and outreach;

16. Other programs and services necessary to provide resources, training, counseling, services, or other assistance of substantial benefit on promoting the independence, productivity, and quality of life for the severely handicapped individual; and

17. Any appropriate preventive services necessary to decrease the future needs of a blind individual assisted under the program for similar services.

Statutory Authority

§§ 51.5-23 and 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-4 § 4.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990.

Part V
Financial Participation

22VAC45-80-90. Participation by blind individuals and blind multihandicapped in the cost of independent living services.

A. An economic needs test will be utilized to determine the extent of client participation in the cost of independent living services. Services exempt from consideration for financial participation will be diagnostic and evaluation, counseling, guidance and referral, and interpreter services for the deaf.

B. Groups exempt are:

1. Recipients of General Relief;

2. Recipients of Aid to Families with Dependent Children by the client or family in which the client is dependent;

3. Recipients of Supplemental Security Income (SSI); and

4. Recipients of Social Security Disability Income (SSDI).

C. The department will make an assessment of similar benefits available to pay for independent living rehabilitation services. The department will not pay program costs which could otherwise be provided by similar benefits unless it is documented that the delay in securing such benefits would be detrimental to the Independent Living Rehabilitation Program.

D. Financial eligibility will be based on the following:

1. Gross income. A uniform income level will be used for all independent living clients. An annual review of the income levels stated below will be made and updated as needed.

The income eligibility is based on 80% of the federal estimated median income in Virginia, which is published annually in the Federal Register. The median income levels will be reviewed on an annual basis and updated as appropriate. The chart below reflects the gross income level and liquid assets exceptions for financial eligibility as applied to the Independent Living Program.

[NORMAL LIVING REQUIREMENTS]

Family Unit

Monthly Income

Annual Income

1

$1,313.00

$15,760.00

2

1,717.00

20,609.00

3

2,122.00

25,459.00

4

2,526.00

30,308.00

5

2,929.00

35,157.00

6

3,334.00

40,007.00

7

3,410.00

40,916.00

8

3,485.00

41,825.00

Add $300 per month for each additional person in the family, if more than eight.

2. Income for real property. Real property will not be considered for financial eligibility, but income from such property is to be considered as part of the client's income.

3. Liquid assets. Will be applied toward the cost of services when the liquid assets exceed the amount established for financial eligibility.

Exemptions for Liquid Assets

Number in Family

Amount

1

$10,000.00

2

11,200.00

3

12,400.00

4

13,600.00

5

14,800.00

6

16,000.00

7

17,200.00

8

17,400.00

4. Allowable deduction.

a. Unusual medical costs. The only deductions that will be considered will be unusual medical expenses which are not of a routine nature and for which the costs will not be covered by comparable services and benefits. Medical conditions that are not considered routine are those which are acute or traumatic and which place an additional burden upon the family income and resources. Those routine medical expenses that could not be deferred would include routine doctors' visits and hospital insurance premiums.

b. Tuition costs for client or family member to attend a private or public educational facility.

When the client's gross income, liquid assets, or both exceed the financial eligibility requirement after allowable deductions have been considered, the client and his family will have to apply the excess toward the cost of those services provided by independent living for which there is financial need considered.

Statutory Authority

§§ 51.5-23 and 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-4 § 5.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990.

Part VI
Client's Rights

22VAC45-80-100. Appeal procedures.

A. The Virginia Department for the Visually Handicapped affords any resident of Virginia who has a complaint pertaining to services sought or provided the right to a review and a fair hearing.

B. When an individual files a formal complaint, he will meet with the employee and his supervisor. The grievant will be reminded as to the availability of the Client Assistance Program within the Department for Rights of Virginians with Disabilities to assist him in the appeals process.

C. If resolution is not reached at Step B, the assistant deputy commissioner for services meets with the grievant, his representative, the employee, and his supervisor.

D. If resolution is not reached at Step C, the grievant can request a hearing before an impartial hearing officer.

E. The impartial hearing officer will submit his decision to the commissioner of the Department for the Visually Handicapped, who can either accept or overturn the decision of the impartial hearing officer.

F. DVH independent living staff will inform each applicant or individual being provided independent living rehabilitation services of the procedure to file a complaint, including the name and addresses of those persons with whom to file a complaint.

Statutory Authority

§§ 51.5-23 and 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-4 § 6.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990.

22VAC45-80-110. Protection, use, and release of personal information.

A. The DVH Independent Living Rehabilitation Services Program considers all personal information about prospective clients, current clients, and past clients as confidential information.

B. Individuals referred for independent living rehabilitation services will receive an explanation at intake of the confidentiality of personal information including:

1. The need for confidential information;

2. Conditions for accessing and releasing this information;

3. The authority under which confidential information is collected;

4. The principle purpose for which DVH will use or release the information;

5. Explanation of whether information the client is providing is mandatory or voluntary and the effects of not providing the information;

6. Identification of those situations where the agency does or does not require the client's written permission to release the information; and

7. Identification of agencies to which information is routinely released.

C. Explanation of policies and procedures affecting personal information will be made by appropriate media by DVH's independent living rehabilitation services to individuals who do not communicate in English or who rely on special modes of communication.

D. DVH's Independent Living Rehabilitation Program will use personal information only for purposes directly connected with the administration of the Independent Living Rehabilitation Services Program. Identifiable personal information will not be shared by DVH's independent living rehabilitation services with advisory or other bodies which do not have official responsibility for the administration of the program.

E. When requested in writing, DVH's Independent Living Rehabilitation Services will make all case information promptly available to the individual or his representative.

F. Personal information obtained by DVH's Independent Living Rehabilitation Services from other agencies or organizations will be released only by, or under conditions established by the other agency or organization.

G. DVH's Independent Living Rehabilitation Services will release personal information to an organization, agency, or individual for audit, evaluation, or research when such endeavors are directly connected with the administration of the Independent Living Rehabilitation Program, when it would significantly improve the quality of life for the visually handicapped individual, and when assurances are given that:

1. The information will be used only for the purpose for which it is being provided;

2. The information will be released only to persons officially connected with the audit, evaluation, or research;

3. The information will not be released to the individual involved;

4. The information will be managed in a manner to safeguard confidentiality; and

5. The final product will not reveal any identifying personal information without the informed, written consent of the involved individual or his representative.

H. DVH's Independent Living Rehabilitation Services will release personal information to other agencies or organizations for program purposes only if they demonstrate that the information is necessary for their program and upon receipt of informed, written consent of the individual.

I. Medical or psychological information which is determined by a physician or psychologist to be harmful to the individual may be released when the other agency or organization assures DVH that the information will be used only for the purpose for which it is provided and that it will not be released to the involved individual.

J. DVH's Independent Living Rehabilitation Services will release any personal information required:

1. To fulfill federal law;

2. To fulfill court order or in response to a law-enforcement investigation of fraud or abuse (except where expressly prohibited by federal law); and

3. To protect the individual or others when the individual poses a threat to the safety of himself or others.

K. Upon the request of the secretary of education or his designee, the DVH's Independent Living Rehabilitation Program will release to the secretary or his designee a complete and certified copy of the case record including transcripts of the fair hearing decision for the purpose of the secretary's review of the final decision.

Statutory Authority

§§ 51.5-23 and 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-4 § 6.2, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990.

Part VII
Independent Living Center Services

22VAC45-80-120. Centers for independent living.

The department operates independent living centers for blind multihandicapped Virginians in its regional offices. The centers shall adhere to the regulations in the previous sections of these regulations.

Statutory Authority

§§ 51.5-23 and 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-4 § 7.1, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990.

22VAC45-80-130. Governing board of centers for independent living.

A. There shall be a governing board consisting of a majority number of persons with disabilities.

B. Independent living advisory committees.

1. Each independent living center shall have an advisory committee consisting of no less than seven persons, established for the purpose of assistance in planning, developing, and implementing a comprehensive system of delivering independent living services to blind and blind multihandicapped individuals.

2. The advisory committee shall contain a majority number of persons with disabilities.

Statutory Authority

§§ 51.5-23 and 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-4 § 7.2, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990.

22VAC45-80-140. Staff.

Independent living center staff shall include as large a proportion of persons with disabilities as is practicable.

Statutory Authority

§§ 51.5-23 and 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-03-4 § 7.3, eff. August 3, 1988; amended, Virginia Register Volume 6, Issue 11, eff. March 28, 1990.



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