Administrative Code

Virginia Administrative Code
6/30/2022

Part V. State Supplementary Payments

12VAC30-40-350. Standards for optional state supplementary payments.

A. Aged, blind, and disabled recipients of optional state supplementary payments are eligible for medical assistance as categorically needy under this plan. The payments meet the four conditions specified in 45 CFR 248.2(d), that is, they are:

1. Regular, in cash, and based on need;

2. Available on a statewide basis;

3. Made to reasonable classifications of individuals who, except for the level of their income, would be eligible for an SSI payment; and

4. Equal to the difference between income and financial standards used to determine eligibility for the supplement.

B. A 15% differential above the maximum rate set forth in the appropriation act each year is established for residents in Planning District 8.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-02-2.6200; amended, Virginia Register Volume 17, Issue 13, eff. April 11, 2001.

12VAC30-40-360. Treatment of entrance fees of individuals residing in continuing care retirement communities.

When determining eligibility for medical assistance, an individual's entrance fee in a continuing care retirement community or life care community that collects an entrance fee on admission from such individuals shall be considered a resource available to the individual to the extent that:

1. The individual has the ability to use the entrance fee, or the contract provides that the entrance fee may be used, to pay for care should other resources or income of the individual be insufficient to pay for such care;

2. The individual is eligible for a refund of any remaining entrance fee when the individual dies or terminates the continuing care retirement community or life care community contract and leaves the community; and

3. The entrance fee does not confer an ownership interest in the continuing care retirement community or life care community.

Statutory Authority

§§ 32.1-324 and 32.1-325 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 23, eff. August 23, 2006.

12VAC30-40-370. Variations from the basic personal needs allowance.

For victims of Virginia's eugenical program, the Commonwealth shall, in addition to the basic personal needs allowance (PNA), increase the basic PNA by amounts received as payments for involuntary sterilization under the Virginia Eugenical Sterilization Act.

Statutory Authority

§ 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Historical Notes

Derived from Virginia Register Volume 33, Issue 19, eff. June 15, 2017.

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