Administrative Code

Virginia Administrative Code
12/6/2021

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.

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