Administrative Code

Virginia Administrative Code
12/6/2021

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.

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