Administrative Code

Virginia Administrative Code
5/18/2022

Part I. Independent Living Services Program and Centers for Independent Living Program: General Provisions

22VAC30-30-10. Definitions.

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

"Act" means the federal Rehabilitation Act of 1973 (29 USC § 701 et seq.), as amended.

"Advocacy" means pleading an individual's cause or speaking or writing in support of an individual. To the extent permitted by state law or the rules of the agency before which an individual is appearing, a nonlawyer may engage in advocacy on behalf of another individual. Advocacy may:

1. Involve representing an individual:

a. Before private entities or organizations, government agencies (whether state, local, or federal), or in a court of law (whether state or federal); or

b. In negotiations or mediation, in formal or informal administrative proceedings before government agencies (whether state, local, or federal), or in legal proceedings in a court of law; and

2. Be on behalf of:

a. A single individual, in which case it is individual advocacy;

b. A group or class of individuals, in which case it is systems (or systemic) advocacy; or

c. Oneself, in which case it is self-advocacy.

"Attendant care" means a personal assistance service provided to an individual with significant disabilities in performing a variety of tasks required to meet essential personal needs in areas such as bathing, communicating, cooking, dressing, eating, homemaking, toileting, and transportation.

"Center for independent living (CIL)" means a consumer-controlled, community-based, cross-disability, nonresidential, private nonprofit agency that is designed and operated within a local community by individuals with disabilities and provides an array of IL services.

"Consumer control" means, with respect to a center or eligible agency, that the center or eligible agency vests power and authority in individuals with disabilities, including individuals who are or have been recipients of IL services.

"Cross-disability" means, with respect to a center, that a center provides IL services to individuals representing a range of significant disabilities and does not require the presence of one or more specific significant disabilities before determining that an individual is eligible for IL services.

"Designated state agency" or "state agency" means the sole state agency designated to administer (or supervise local administration of) the state plan for the State Vocational Rehabilitation (VR) Services program.

"Designated state unit" or "DSU" means the state agency or the bureau, division, or other organizational unit within a state agency that is primarily concerned with the vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities and that is responsible for the administration of the State Vocational Rehabilitation (VR) Services program of the state agency; or the independent state commission, board, or other agency that has the vocational rehabilitation, or vocational or other rehabilitation, of individuals with disabilities as its primary function.

"Eligible agency" means a consumer-controlled, community-based, cross-disability, nonresidential, private, nonprofit agency.

"Individual with a disability" means an individual who (i) has a physical, mental, cognitive, or sensory impairment that substantially limits one or more of the individual's major life activities; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment.

"Individual with a significant disability" means an individual with a severe physical, mental, cognitive, or sensory impairment whose ability to function independently in the family or community, or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of IL services will improve the ability to function, continue functioning, or move toward functioning independently in family or community or to continue in employment.

"Legally authorized advocate or representative" means an individual who is authorized under state law to act or advocate on behalf of another individual.

"Minority group" means Alaskan Natives, American Indians, Asian Americans, Blacks (African Americans), Hispanic Americans, Native Hawaiians, and Pacific Islanders.

"Nonresidential" means, with respect to a center, that the center, as of October 1, 1994, does not operate or manage housing or shelter for individuals as an IL service on either a temporary or long-term basis unless the housing or shelter is:

1. Incidental to the overall operation of the center;

2. Necessary so that the individual may receive an IL service; and

3. Limited to a period not to exceed eight weeks during any six-month period.

"Peer relationships" mean relationships involving mutual support and assistance among individuals with significant disabilities who are actively pursuing IL goals.

"Peer role models" mean individuals with significant disabilities whose achievements can serve as a positive example for other individuals with significant disabilities.

"Personal assistance services" mean a range of IL services, provided by one or more persons, designed to assist an individual with a significant disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability. These IL services must be designed to increase the individual's control in life and ability to perform everyday activities on or off the job.

"Service provider" means:

1. A DSU that directly provides IL services to individuals with significant disabilities;

2. A center that receives financial assistance under Parts B or C of Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act; or

3. Any other entity or individual that meets the requirements of subsection D of 22VAC30-30-20 and provides IL services under a grant or contract from the DSU in response to subsection A of 22VAC30-30-270.

"Significant disability" means a severe physical, mental, cognitive, or sensory impairment that substantially limits an individual's ability to function independently in the family or community or to obtain, maintain, or advance in employment.

"State plan" means the state IL plan required under § 704 of Title VII (29 USC § 796 et seq.) of the Act.

"Transportation" means travel and related expenses that are necessary to enable an individual with a significant disability to benefit from another IL service and travel and related expenses for an attendant or aide if the services of that attendant or aide are necessary to enable an individual with a significant disability to benefit from that IL service.

"Unserved and underserved groups or populations" include, but are not limited to, groups or populations of individuals with significant disabilities who:

1. Have cognitive and sensory impairments;

2. Are members of racial and ethnic minority groups;

3. Live in rural areas; or

4. Have been identified by the eligible agency as unserved or underserved within a center's project area.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR595-02-1 § 1, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-20. Eligibility for independent living (IL) services.

A. An individual with a significant disability is eligible for IL services under the Independent Living Services program and Centers for Independent Living Program authorized under Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act. Regarding information and referral services, anyone may seek information about IL services under these programs and may request referral to other services and programs for individuals with significant disabilities, as appropriate.

B. The service provider shall apply eligibility requirements without regard to age, color, creed, gender, national origin, race, religion, or type of significant disability of the individual applying for IL services. The service provider shall not impose any state or local residence requirement that excludes under the state plan any individual who is present in Virginia and who is otherwise eligible for IL services from receiving IL services.

C. Before or at the same time as an applicant for IL services may begin receiving IL services funded under this part, the service provider shall determine the applicant's eligibility and shall maintain documentation that the applicant has met the basic eligibility requirements. The documentation must be dated and signed by an appropriate staff member of the service provider.

D. If the state contracts with or awards a grant to a center for the general operation of the center, the state shall delegate to the center the determination of an individual's eligibility for services from that center. If the state contracts with or awards a grant to a third party to provide specific IL services, the state may choose to delegate to the IL service provider the determination of eligibility for these services and the development of an IL plan for individuals who receive these services.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR595-02-1 § 2, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-30. (Repealed.)

Historical Notes

Derived from VR595-02-1 § 3, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-31. Consumer service record.

A DSU may carry out the functions and responsibilities described in this section, except as otherwise provided, or may delegate them to the appropriate service provider with which the DSU subgrants or contracts to provide IL services. The service provider shall maintain a consumer service record for each applicant for, and each individual receiving, IL services other than information and referral services. A consumer service record may be maintained either electronically or in written form, except that the IL plan and waiver must be in writing. The consumer service record shall include:

1. Documentation concerning eligibility or ineligibility for services;

2. The services requested by the consumer;

3. Either the IL plan developed with the consumer or a waiver signed by the consumer stating that an IL plan is unnecessary;

4. The services actually provided to the consumer;

5. The IL goals or objectives established with the consumer, whether or not in the consumer's IL plan, and the goals or objectives achieved by the consumer; and

6. The individual's participation in the cost of any IL services, including the individual's financial need.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-40. (Repealed.)

Historical Notes

Derived from VR595-02-1 § 4, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-50. Ineligibility.

A. A DSU may carry out the functions and responsibilities described in this section, except as otherwise provided, or may delegate them to the appropriate service provider with which the DSU subgrants or contracts to provide IL services. If a determination is made that an applicant for IL services is not an individual with a significant disability, the service provider shall provide documentation of the ineligibility determination that is dated and signed by an appropriate staff member.

1. The service provider may determine an applicant to be ineligible for IL services only after full consultation with the applicant or, if the applicant chooses, the applicant's parent, guardian, or other legally authorized advocate or representative, or after providing a clear opportunity for this consultation.

2. The service provider shall notify the applicant in writing of the action taken and inform the applicant or, if the applicant chooses, the applicant's parent, guardian, or other legally authorized advocate or representative, of the applicant's rights and the means by which the applicant may appeal the action taken.

3. The service provider shall provide a detailed explanation of the availability and purposes of the Client Assistance Program established within Virginia under § 112 of the Act, including information on how to contact the program.

4. If appropriate, the service provider shall refer the applicant to other agencies and facilities, including the state's vocational rehabilitation program under Title I (29 USC § 701 et seq.) of the Act.

B. If an applicant for IL services has been found ineligible, the service provider shall review the applicant's ineligibility at least once within 12 months after the ineligibility determination has been made and whenever the service provider determines that the applicant's status has materially changed. The review need not be conducted in situations where the applicant has refused the review, the applicant is no longer present in Virginia, or the applicant's whereabouts are unknown.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR595-02-1 § 5, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-60. Order of selection for services.

In the event independent living (IL) services cannot be provided due to limited resources to all eligible persons who apply, the department may implement an order of selection. Under order of selection, applicants determined eligible will be assigned to a priority category and served in the following order:

PRIORITY 1. Persons presently receiving services under an IL plan.

PRIORITY II. Persons whose impairments are so significant that they do not presently have the potential for employment, but whose ability to live and function independently within their family setting or community may be improved by the services.

PRIORITY III. Persons who need independent living services to engage in or maintain employment.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR595-02-1 § 6, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-70. Independent living plan (IL plan).

A. A DSU may carry out the functions and responsibilities described in this section, except as otherwise provided, or may delegate them to the appropriate service provider with which the DSU subgrants or contracts to provide IL services. Unless the individual who is to be provided IL services under this part knowingly and voluntarily signs a waiver stating that an IL plan is unnecessary, an IL plan shall be developed and periodically reviewed. The service provider shall provide each IL service in accordance with the IL plan.

1. Development of an individual's IL plan must be initiated after documentation of eligibility. The IL plan must indicate the goals or objectives established, the services to be provided, and the anticipated duration of the service program and each component service.

2. The IL plan must be developed jointly and signed by an appropriate staff member of the service provider and the individual with a significant disability or, if consistent with state law and the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative.

3. A copy of the IL plan and any amendments must be provided in an accessible format to the individual with a significant disability or, if consistent with state law and the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative.

B. The IL plan must be reviewed as often as necessary, but at least on an annual basis, to determine whether services should be continued, modified, or discontinued, or whether the individual should be referred to a program of vocational rehabilitation services under 34 CFR Part 361 or to any other program of assistance. Each individual with a significant disability or, if consistent with state law and the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative, must be given an opportunity to review the IL plan and, if necessary, jointly redevelop and agree by signature to its terms.

C. If the service provider intends to terminate services to an individual receiving IL services under an IL plan, the service provider shall:

1. Notify the applicant in writing of the action taken and inform the applicant or, if the applicant chooses, the applicant's parent, guardian, or other legally authorized advocate or representative, of the applicant's rights and the means by which the applicant may appeal the action taken.

2. Provide a detailed explanation of the availability and purposes of the Client Assistance Program established within Virginia under § 112 of the Act, including information on how to contact the program.

3. Review the applicant's ineligibility at least once within 12 months after the ineligibility determination has been made and whenever the service provider determines that the applicant's status has materially changed. The review need not be conducted in situations where the applicant has refused the review, the applicant is no longer present in Virginia, or the applicant "s whereabouts are unknown.

4. If appropriate, refer the individual to other agencies and facilities, including the state's vocational rehabilitation program under Title I (29 USC § 701 et seq.) of the Act.

D. The development of the IL plan and the provision of IL services must be coordinated to the maximum extent possible with any written rehabilitation program for vocational rehabilitation services for that individual, written habilitation program for the individual prepared under the federal Developmental Disabilities Assistance and Bill of Rights Act (42 USC § 6000 et seq.), and education program for the individual prepared under Part B of the federal Individuals with Disabilities Education Act. (20 USC § 1461 et seq.)

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR595-02-1 § 7, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-80. Scope of independent living (IL) services for individuals.

A. In providing independent living (IL) services as required under § 704(e) of the Act and 34 CFR 364.43(b), a state may use Independent Living Services Program funds to provide directly, or through grants or contracts, the following IL core services:

1. Information and referral services. These services may be provided independently of the other IL core services and without regard to evaluation standards in 22VAC30-30-181.

2. IL skills training;

3. Peer counseling, including cross-disability peer counseling; and

4. Individual and systems advocacy.

B. In addition to the independent living (IL) core services, the state may also use Independent Living Services Program funds to provide other IL services. "Other IL services" means:

1. Counseling services, including psychological counseling, psychotherapeutic counseling, and related services;

2. Services related to securing housing or shelter, including services related to community group living, that are supportive of the purposes of the Act, and adaptive housing services, including appropriate accommodations to and modifications of any space used to serve, or to be occupied by, individuals with significant disabilities;

3. Rehabilitation technology;

4. Mobility training;

5. Services and training for individuals with cognitive and sensory disabilities, including life skills training and interpreter and reader services;

6. Personal assistance services, including attendant care and the training of personnel providing these services;

7. Surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation, and other support services;

8. Consumer information programs on rehabilitation and IL services available under the Act, especially for minorities and other individuals with significant disabilities who have traditionally been unserved or underserved by programs under the Act;

9. Education and training necessary for living in a community and participating in community activities;

10. Supported living;

11. Transportation, including referral and assistance for transportation;

12. Physical rehabilitation;

13. Therapeutic treatment;

14. Provision of needed prostheses and other appliances and devices;

15. Individual and group social and recreational services;

16. Training to develop skills specifically designed for youths who are individuals with significant disabilities to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and explore career options;

17. Services for children;

18. Services under other federal, state, or local programs designed to provide resources, training, counseling, or other assistance of substantial benefit in enhancing the independence, productivity, and quality of life of individuals with significant disabilities;

19. Appropriate preventive services to decrease the need of individuals with significant disabilities assisted under the Act for similar services in the future;

20. Community awareness programs to enhance the understanding and integration into society of individuals with significant disabilities; and

21. Any other services that may be necessary to improve the ability of an individual with a significant disability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment and that are not inconsistent with any other provisions of the Act.

C. The service provider may not impose any uniform durational limitations on the provision of IL services, except as otherwise provided by federal law or regulation.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR595-02-1 § 8, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-90. Participation by individuals in the cost of services.

A. The service provider shall apply consideration of consumer financial participation uniformly so that all individuals who are eligible for IL services are treated equally. The service provider shall maintain written policies covering the specific types of IL services for which a financial needs test will be applied. The service provider shall document in the consumer service record the individual's participation in the cost of any IL services, including the individual's financial need.

B. Consumer financial participation shall apply only to the following services:

1. Rehabilitation technology goods and services but not the needs assessment;

2. Prostheses and other appliances and devices;

3. Accommodations to or modifications of vehicle or home or any space used to serve or be occupied by individuals with significant disabilities; and

4. Other tangible goods.

C. The consumer is exempt from financially participating in the cost of IL services in any year the consumer's income includes:

1. General Relief.

2. Temporary Assistance for Needy Families (TANF).

3. Supplemental Security Income (SSI).

4. Social Security Disability Income (SSDI).

5. Workers' compensation benefits.

6. Veterans' disability benefits.

D. The consumer's annual financial participation amount is determined by the financial needs test. The financial needs test is the annual taxable income less income taxes paid, FICA withholdings, dependent allowance, cost of living allowance, tax-deferred retirement account contributions, health insurance premiums, alimony paid, and disability-related expenses.

1. For consumers under age 18, income of the parents/legal guardian is to be considered only if the consumer was claimed as a dependent on the parent/legal guardian's most recent federal income tax return. For other consumers, only the income of the consumer, and not other family members, shall be considered.

2. A dependent allowance is allowed for each person (including the consumer) claimed on the tax return. The department must update the dependent allowance annually and notify the service providers. The allowance is the amount for each additional family member in the Table of Poverty Guidelines for the 48 Contiguous States and the District of Columbia, which is published annually by the U.S. Department of Health and Human Services.

3. The department will determine the cost of living allowance and notify the service providers.

4. Retirement contributions, insurance premiums, and disability-related expenses paid or reimbursed by the employer or another resource may not be deducted from income.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR595-02-1 § 9, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-100. Consideration of similar benefits.

Consideration shall be given in all cases to any similar benefits available to an individual with a disability, or to family members of an individual with a disability, under any program to meet, in whole or in part, the cost of any independent living (IL) services, except IL core services.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR595-02-1 § 10, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-110. Consumer appeal procedures.

A. Each service provider shall establish policies and procedures that an individual may use to obtain review of decisions made by the service provider concerning the individual's request for IL services or the provision of IL services to the individual. The service provider shall use formats that are accessible to inform each individual who seeks or is receiving IL services from the service provider about the procedures required by this section.

B. All service providers shall use formats that are accessible to notify individuals seeking or receiving IL services under Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act about the availability of the Client Assistance Program (CAP) authorized by § 112 of the Act, the purposes of the services provided under the CAP, and how to contact the CAP.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR595-02-1 § 11, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-120. Protection, use and release of personal information.

A. A DSU may carry out the functions and responsibilities described in this section, except as otherwise provided, or may delegate them to the appropriate service provider with which the DSU subgrants or contracts to provide IL services. The service provider shall adopt and implement policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names. These policies and procedures must ensure that:

1. Specific safeguards protect current and stored personal information;

2. All applicants for, or recipients of, IL services and, as appropriate, those individuals' legally authorized representatives, service providers, cooperating agencies, and interested persons are informed of the confidentiality of personal information and the conditions for gaining access to and releasing this information;

3. All applicants or their legally authorized representatives are informed about the service provider's need to collect personal information and the policies governing its use, including:

a. Identification of the authority under which information is collected;

b. Explanation of the principal purposes for which the service provider intends to use or release the information;

c. Explanation of whether providing requested information to the service provider is mandatory or voluntary and the effects to the individual of not providing requested information;

d. Identification of those situations in which the service provider requires or does not require informed written consent of the individual or his legally authorized representative before information may be released; and

e. Identification of other agencies to which information is routinely released;

4. Persons who are unable to communicate in English or who rely on alternative modes of communication must be provided an explanation of service provider policies and procedures affecting personal information through methods that can be adequately understood by them;

5. At least the same protections are provided to individuals with significant disabilities as provided by the state laws and regulations; and

6. Access to records is governed by rules established by the service provider and any fees charged for copies of records are reasonable and cover only extraordinary costs of duplication or making extensive searches.

B. All personal information in the possession of the service provider may be used only for the purposes directly connected with the provision of IL services and the administration of the IL program under which IL services are provided.

1. Information containing identifiable personal information may not be shared with advisory or other bodies that do not have official responsibility for the provision of IL services or the administration of the IL program under which IL services are provided.

2. In the provision of IL services or the administration of the IL program under which IL services are provided, the service provider may obtain personal information from other service providers and cooperating agencies under assurances that the information may not be further divulged, except as provided under subsections C, D, and E of this section.

C. Except as provided in subdivisions 1 and 2 of this subsection, if requested in writing by a recipient of IL services, the service provider shall release all information in that individual's record of services to the individual or the individual's legally authorized representative in a timely manner.

1. Medical, psychological, or other information that the service provider determines may be harmful to the individual may not be released directly to the individual, but must be provided through a qualified medical or psychological professional or the individual's legally authorized representative.

2. If personal information has been obtained from another agency or organization, it may be released only by, or under the conditions established by, the other agency or organization.

D. Personal information may be released to an organization, agency, or individual engaged in audit, evaluation, or research activities only for purposes directly connected with the administration of an IL program, or for purposes that would significantly improve the quality of life for individuals with significant disabilities and only if the organization, agency, or individual ensures that:

1. The information will be used only for the purposes 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 involved individual;

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

5. The final product will not reveal any personally identifying information without the informed written consent of the involved individual or the individual's legally authorized representative.

Human research to be conducted or authorized by a center for independent living may be subject to approval and continuing review from a review board established under state-mandated regulations to protect human research participants.

E. Upon receiving the informed written consent of the individual or, if appropriate, the individual's legally authorized representative, the service provider may release personal information to another agency or organization for the latter's program purposes only to the extent that the information may be released to the involved individual and only to the extent that the other agency or organization demonstrates that the information requested is necessary for the proper administration of its program.

1. Medical or psychological information may be released if the other agency or organization assures the service provider that the information will be used only for the purpose for which it is being provided and will not be further released to the individual.

2. The service provider shall release personal information if required by federal laws or regulations.

3. The service provider shall release personal information in response to investigations in connection with law enforcement, fraud, or abuse, unless expressly prohibited by federal or state laws or regulations, and in response to judicial order.

4. The service provider also may release personal information to protect the individual or others if the individual poses a threat to his safety or to the safety of others.

Statutory Authority

§ 51.5-14 of the Code of Virginia.

Historical Notes

Derived from VR595-02-1 § 12, eff. November 1, 1987; amended, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

22VAC30-30-130. (Repealed.)

Historical Notes

Derived from VR595-02-1 § 13, eff. November 1, 1987; repealed, Virginia Register Volume 20, Issue 9, eff. February 11, 2004.

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