TITLE 22. SOCIAL SERVICES
Title of Regulation: 22VAC30-80. Auxiliary Grants
Program (amending 22VAC30-80-10, 22VAC30-80-20,
22VAC30-80-30, 22VAC30-80-45 through 22VAC30-80-70; adding 22VAC30-80-35).
Statutory Authority: §§ 51.5-131 and 51.5-160 of
the Code of Virginia.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: October 5, 2018.
Agency Contact: Tishaun Harris-Ugworji, Program
Consultant, Department for Aging and Rehabilitative Services, 8004 Franklin
Farms Drive, Richmond, VA, VA 23229, telephone (804) 662-7531, or email
tishaun.harrisugworji@dars.virginia.gov.
Basis: The legal basis for this regulatory action is § 51.5-160
of the Code of Virginia, which authorizes the Department for Aging and
Rehabilitative Services (DARS) Commissioner to adopt regulations for the
administration of the Auxiliary Grants (AG) Program. In addition, § 51.5-131 of
the Code of Virginia authorizes the DARS Commissioner to promulgate regulations
necessary to carry out the provisions of the laws of the Commonwealth
administered by the department.
Purpose: The regulation needs to be amended to
incorporate the changes in the emergency regulation, which provides guidance
regarding the supportive housing (SH) setting. The regulation is essential to
protecting the health, safety, or welfare of citizens. The proposed regulatory
content outlines standards for providers who provide care to individuals with
AG. Additionally, regulation content clarifies the range of person-centered
housing options available to AG eligible individuals.
Substance: This regulatory action will (i) address
definitions related to SH and clarify existing definitions that were part of
the AG regulation, (ii) explain evaluation and assessment procedures, (iii)
detail requirements for the SH provider agreement, (iv) address basic SH
services, and (v) amend any outdated or obsolete language.
Issues: The primary advantages to the public will be
that eligible individuals will have an additional choice in their living
arrangement. Having SH as an option may also help address the shortages of AG
beds in certain communities. There are no disadvantages to the public or the
Commonwealth regarding the proposed regulatory action.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. Pursuant to
Chapter 567 of the 2016 Acts of Assembly,1 the Department for Aging
and Rehabilitative Services (DARS) proposes to add supportive housing as a
third residential setting in which individuals may receive Auxiliary Grants
(AG).
Result of Analysis. The benefits likely exceed the costs.
Estimated Economic Impact. An AG is an income supplement for
individuals who receive Supplemental Security Income and certain other aged,
blind, or disabled individuals who reside in a licensed assisted living
facility (ALF) or an approved adult foster care home. AG is the primary state
funding available for assisted living for low-income individuals in Virginia.
In 2016, the General Assembly made supportive housing available to up to 60 AG
recipients as a third residential setting. The legislative mandate required
that supportive housing be available to ALF residents after 12 months from the
initial assessment. DARS implemented the legislative mandate through an
emergency regulation.2 DARS now proposes a permanent regulation to
replace the emergency regulation.
Supportive housing links decent, safe, affordable,
community-based housing with flexible support services designed to help the
individual stay housed and live a more productive life in the community. Even
though the legislation provides supportive housing for up to 60 individuals,
only 13 individuals have been placed in supportive housing so far.
The proposed regulation is beneficial to the AG recipients who
would like to move into a supportive housing setting from an ALF setting. By
opting in for supportive housing, they reveal that they receive a net benefit
from that move. The proposed regulation also benefits supportive housing
providers as they receive $100 monthly for the AG recipients they place in
supportive housing.
The effect of a recipient's choice to move into supportive
housing on the ALF provider does not appear to be significant. Because
supportive housing is available only to ALF residents, it is essentially a
substitute for ALF setting under the legislative design. However, because the
AG rate is widely considered inadequate,3 when a resident leaves an
ALF that may not necessarily significantly hurt the ALF provider. In 2012, the
Joint Legislative Audit and Review Commission (JLARC) reported that the AG rate
was well below Virginia's market prices for assisted living, then averaging
about $3,700 per month. JLARC also reported that the AG rate was so low that
some ALFs have stopped accepting AG recipients, while others would only care
for relatively high-functioning AG recipients or would struggle to meet
standards unless the facility has some special circumstance or additional
sources of funding.
Similarly, the supportive housing option would not necessarily
cause an increase in AG expenditures. The fiscal impact would depend on whether
the empty ALF bed after the move would be filled by another AG recipient or
not. If new AG recipients replace those who left, then we would expect an
increase in the AG recipient population and expenditures;4 but if
the empty beds are filled by private pay recipients, or remain empty, we would
see no change in the AG recipient population or the expenditures. It is not
clear which result is more likely.
Businesses and Entities Affected. The legislative mandate
allows up to 60 ALF residents to move into a supportive housing setting. There
are three supportive housing providers in the Commonwealth. Since January 2017,
13 individuals have been placed in a supportive housing setting. In fiscal year
2017, there were 4,047 individuals residing in fewer than 300 ALFs.
Localities Particularly Affected. The proposed changes apply
statewide. However, there are currently only three supportive housing
providers. These providers serve the Counties of Roanoke, Salem, Botetourt,
Craig, Bland, Carroll, Grayson, Galax, Smyth, Wythe, Henrico, and Chesterfield
and the Cities of Richmond and Roanoke. Under the proposed regulation, the
local portion of the AG is funded by the locality where the individual is
provided supportive housing. Thus, these localities may be disproportionately
affected as supportive housing is not available in other localities at this
time.
Projected Impact on Employment. Whether the supporting housing
option will have a significant impact on demand for ALF services or supportive
housing services is not clear. Thus, the potential impact on employment is
uncertain.
Effects on the Use and Value of Private Property. Whether the
supportive housing option will have a significant impact on demand for ALF
services or supportive housing services is not clear. Thus, the potential impact
on the asset values of ALF providers and supportive housing providers is
uncertain.
Real Estate Development Costs. No impact on real estate
development costs is expected.
Small Businesses:
Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia,
small business is defined as "a business entity, including its affiliates,
that (i) is independently owned and operated and (ii) employs fewer than 500
full-time employees or has gross annual sales of less than $6 million."
Costs and Other Effects. Most if not all of the ALF providers
are small businesses. The costs and other effects of the proposed regulation on
them is the same as above. There are only three supportive housing providers.
The proposed regulation does not impose costs on them. The other effects on
them are the same as discussed above.
Alternative Method that Minimizes Adverse Impact. It is not
clear whether supportive housing adversely affects ALF providers.
Adverse Impacts:
Businesses. The proposed amendments do not have an adverse
impact on non-small businesses.
Localities. Twenty percent of AG funding comes from localities.
Notwithstanding the disproportional impact on certain localities discussed
above, it is not clear whether supportive housing will cause an increase in AG
recipient population and expenditures.
Other Entities. The proposed amendments will not adversely
affect other entities.
__________________________________________
1http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0567.
2http://townhall.virginia.gov/l/ViewStage.cfm?stageid=7701.
3http://jlarc.virginia.gov/pdfs/reports/Rpt426.pdf.
4A recipient typically receives $568 monthly from AG (of
that $454 or 80% is state funded and $114 or 20% is locally funded), $735 from
federal Supplemental Security Income, and $16 in food stamp benefits. From
these amounts, $750 is paid for rent, $83 for utilities, $354 for personal
expenses (e.g., transportation, food, phone, medical copays, personal care,
etc.), and $132 fixed fee for the provider.
Agency's Response to Economic Impact Analysis: The
Virginia Department for Aging and Rehabilitative Services raises no issues with
the economic impact analysis performed by the Virginia Department of Planning
and Budget.
Summary:
The proposed amendments (i) add supportive housing, which
is a new living arrangement that individuals who receive auxiliary grant
payments may choose, as a third setting in which individuals may receive the
auxiliary grant; (ii) define requirements to participate in the supportive
housing setting; (iii) clarify providers' responsibilities for each setting;
and (iv) update terminology and guidelines for the Auxiliary Grant Program.
22VAC30-80-10. Definitions.
The following words and terms when used in this chapter shall
have the following meanings unless the context clearly indicates otherwise:
"Adult foster care" or "AFC" means a
locally optional program that provides room and board, supervision, and special
services to an individual who has a physical or mental health need. Adult
foster care may be provided for up to three individuals by any one provider who
is approved by the local department of social services.
"Assisted living care" means a level of service
provided by an assisted living facility for individuals who may have physical
or mental impairments and require at least moderate assistance with the
activities of daily living. Included in this level of service are individuals
who are dependent in behavior pattern (i.e., abusive, aggressive, disruptive)
as documented on the Uniform Assessment Instrument.
"Assisted living facility" or "ALF"
means, as defined in § 63.2-100 of the Code of Virginia, any congregate
residential setting that provides or coordinates personal and health care
services, 24-hour supervision, and assistance (scheduled and unscheduled) for
the maintenance or care of four or more adults who are aged, infirm or disabled
and who are cared for in a primarily residential setting, except (i) a facility
or portion of a facility licensed by the State Board of Health or the
Department of Behavioral Health and Developmental Services, but including any
portion of such facility not so licensed; (ii) the home or residence of an
individual who cares for or maintains only persons related to him by blood or
marriage; (iii) a facility or portion of a facility serving infirm or disabled
persons between the ages of 18 and 21, or 22 if enrolled in an educational
program for the handicapped pursuant to § 22.1-214 of the Code of Virginia,
when such facility is licensed by the department as a children's residential
facility under Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 of the Code of
Virginia, but including any portion of the facility not so licensed; and (iv)
any housing project for persons 62 years of age or older or the disabled that
provides no more than basic coordination of care services and is funded by the
U.S. Department of Housing and Urban Development, by the U.S. Department of
Agriculture, or by the Virginia Housing Development Authority. Included in this
definition are any two or more places, establishments or institutions owned or
operated by a single entity and providing maintenance or care to a combined
total of four or more aged, infirm or disabled adults. Maintenance or care
means the protection, general supervision and oversight of the physical and
mental well-being of an aged, infirm or disabled individual. Assuming
responsibility for the well-being of individuals residing in an ALF, either
directly or through contracted agents, is considered "general supervision
and oversight."
"Authorized payee" means the individual who may be
a court-appointed conservator or guardian, a person with a valid power of
attorney, or an authorized representative with the documented authority to
accept funds on behalf of the individual. An authorized payee for the auxiliary
grant shall not be (i) the licensee or (ii) the owner of, employee of, or an
entity hired by or contracted by the ALF or AFC home.
"Authorized representative" means the person
representing or standing in place of the individual receiving the auxiliary
grant for the conduct of the auxiliary grant recipient's affairs (i.e.,
personal or business interests). "Authorized representative" may
include a guardian, conservator, attorney-in-fact under durable power of
attorney, trustee, or other person expressly named in writing by the individual
as his agent. An authorized representative shall not be (i) the licensee or
(ii) the owner of, employee of, or an entity hired by or contracted by the ALF or,
AFC home, or a supportive housing provider unless the auxiliary grant
recipient designates such a person to assist with financial management of his
personal needs allowance as a choice of last resort because there is no other
authorized representative willing or available to serve in this capacity.
"Auxiliary Grants Program" or "AG Program"
means a state and locally funded assistance program to supplement income of an
individual receiving Supplemental Security Income (SSI) or adult who would be
eligible for SSI except for excess income, who resides in an ALF or in,
an AFC home, or a supportive housing setting with an established
rate. The total number of individuals within the Commonwealth of Virginia
eligible to receive AG in a supportive housing setting shall not exceed the
number designated in the signed agreement between the department and the
Social Security Administration.
"Certification" means an official approval as
designated on the form provided by the department and prepared by the an
ALF or a supportive housing provider. Each ALF shall annually certifying
certify that the ALF it has properly managed the personal
funds and personal needs allowances of individuals residing in the ALF and is
in compliance with program regulations and appropriate licensing regulations. Each
supportive housing provider shall annually certify that it is in compliance
with this chapter.
"Department" means the Department for Aging and
Rehabilitative Services.
"DBHDS" means the Department of Behavioral
Health and Developmental Services.
"Established rate" means the rate as set forth in
the appropriation act or as set forth to meet federal maintenance of effort
requirements.
"Licensee" means any person, association,
partnership, corporation, limited liability company, or governmental
unit to whom a license to operate an ALF is issued in accordance with 22VAC40-72
22VAC40-73.
"Personal funds" means payments the individual
receives, whether earned or unearned, including wages, pensions, Social
Security benefits, and retirement benefits. "Personal funds" does not
include the personal needs allowance.
"Personal needs allowance" means a portion of the
AG payment that is reserved for meeting the individual's personal needs. The
amount is established by the Virginia General Assembly.
"Personal toiletries" means hygiene items provided
to the individual by the ALF or AFC home including deodorant, razor, shaving cream,
shampoo, soap, toothbrush, and toothpaste.
"Program" means the Auxiliary Grant AG
Program.
"Provider" means an ALF that is licensed by the
Department of Social Services or an AFC provider that is approved by a local
department of social services or a supportive housing provider as defined in
§ 37.2-421.1 of the Code of Virginia.
"Provider agreement" means a document written
agreement that the ALF ALFs and supportive housing providers
must complete and submit to the department when requesting to be approved
for admitting approval to admit individuals receiving AG.
"Qualified assessor" means an individual who is
authorized by 22VAC30-110 to perform an assessment, reassessment, or change in
level of care for an individual applying for AG or residing in an ALF or a
supportive housing setting. For individuals receiving services from a community
services board or behavioral health authority, a qualified assessor is an
employee or designee of the community services board or behavioral health
authority.
"Rate" means the established rate.
"Residential living care" means a level of service
provided by an ALF for individuals who may have physical or mental impairments
and require only minimal assistance with the activities of daily living.
Included in this level of service are individuals who are dependent in
medication administration as documented on the Uniform Assessment Instrument
(UAI).
"Supportive housing" or "SH" means a
residential setting with access to supportive services for an AG recipient in
which tenancy as described in § 37.2-421.1 of the Code of Virginia is provided
or facilitated by a provider licensed to provide mental health community
support services, intensive community treatment, programs of assertive
community treatment, supportive in-home services, or supervised living
residential services that has entered into an agreement with the DBHDS pursuant
to § 37.2-421.1 of the Code of Virginia.
"Third-party payment" means a payment made by a
third party to an ALF or, an AFC home, or supportive housing
provider on behalf of an AG recipient for goods or services other than for
food, shelter, or specific goods or services required to be provided by the ALF
or, an AFC home, or a supportive housing provider as a
condition of participation in the Auxiliary Grants AG Program in
accordance with 22VAC30-80-45.
"Uniform Assessment Instrument" or "UAI"
means the department-designated assessment form. It is used to record
assessment information for determining the level of service that is needed.
22VAC30-80-20. Assessment.
A. In order to receive payment from the program for care in
an ALF or in AFC home, an individual applying for AG shall have been assessed
by a qualified assessor using the UAI in accordance with 22VAC30-110 and
determined to need residential or assisted living care or AFC.
B. As a condition of eligibility for the program, a UAI shall
be completed on an individual prior to admission, except for an emergency
placement as documented and approved by a Virginia adult protective services
worker; at least once annually; and whenever there is a significant change in
the individual's level of care, and a determination is made that the individual
needs residential or assisted living care in an ALF or AFC home.
C. The ALF or AFC provider is prohibited from charging a
security deposit or any other form of compensation for providing a room and
services to the individual. The collection or receipt of money, gift, donation
or other consideration from or on behalf of an individual for any services
provided is prohibited.
D. In order to receive payment from the AG program for
care in the SH setting, an individual shall be evaluated by a qualified
assessor in accordance with § 51.5-160 E of the Code of Virginia. Eligible
individuals shall be notified of the SH setting option and the availability of
approved SH providers at the time of their annual level of care assessment. The
individual may select SH or ALF at any time after the first or any subsequent
annual reassessment as long as the individual meets the criteria for
residential or assisted living level of care and subject to the availability of
the selected housing option.
22VAC30-80-30. Basic services in an assisted living facility
or an adult foster care home.
A. The rate established under the program for the
ALF setting shall cover the following services:
1. Room and board.
a. A furnished room in accordance with 22VAC40-72-730 22VAC40-73-750;
b. Housekeeping services based on the needs of the individual;
c. Meals and snacks provided in accordance with 22VAC40-72
22VAC40-73-590, including, but not limited to food service,
nutrition, number and timing of meals, observance of religious dietary
practices, special diets, menus for meals and snacks, and emergency food and
water. A minimum of three well-balanced meals shall be provided each day. When
a diet is prescribed for an individual by his physician, it shall be prepared
and served according to the physician's orders. Basic and bedtime snacks shall
be made available for all individuals desiring them and shall be listed on the
daily menu. Unless otherwise ordered in writing by the individual's physician,
the daily menu, including snacks, for each individual shall meet the guidelines
of the U.S. Department of Agriculture's Food Guide Pyramid guidance
system or the dietary allowances of the Food and Nutritional Board of the
National Academy of Sciences, taking into consideration the age, sex, and
activity of the resident. Second servings shall be provided, if requested, at
no additional charge. At least one meal each day shall include a hot main dish;
and
d. Clean bed linens and towels as needed by the individual and
at least once a week.
2. Maintenance and care.
a. Minimal assistance as defined in 22VAC40-72-10 22VAC40-73-10
with personal hygiene including bathing, dressing, oral hygiene, hair grooming
and shampooing, care of clothing, shaving, care of toenails and fingernails or
arranging for such assistance if the resident's medical condition precludes
facility from providing the service, arranging for haircuts as needed, and care
of needs associated with menstruation or occasional bladder or bowel
incontinence that occurs less than weekly;
b. Medication administration as required by licensing
regulations including insulin injections;
c. Provision of personal toiletries including toilet paper;
d. Minimal assistance with the following:
(1) Care of personal possessions;
(2) Care of the personal needs allowance and
personal funds if requested by the individual and provider policy allows
this practice, and in compliance with 22VAC40-72-140 22VAC40-73-80
and 22VAC40-72-150, Standards for Licensed Assisted Living Facilities 22VAC40-73-90;
(3) Use of the telephone;
(4) Arranging nonmedical transportation;
(5) Obtaining necessary personal items and clothing;
(6) Making and keeping appointments; and
(7) Correspondence;
e. Securing health care and transportation when needed for
medical treatment;
f. Providing social and recreational activities in accordance
with 22VAC40-72-520 22VAC40-73-520; and
g. General supervision for safety.
B. The AFC provider shall adhere to the standards in
22VAC30-120-40.
22VAC30-80-35. Basic services in supportive housing
settings.
A. The rate established under the program for SH, as
defined in 22VAC30-80-10, shall cover a residential setting with access to SH
services that include:
1. Development of individualized SH service plans;
2. Access to skills training;
3. Assistance with accessing available community-based
services and supports;
4. Initial identification and ongoing review of the level
of care needs; and
5. Ongoing monitoring of services described in the
individual's individualized SH plan.
B. The residential setting covered under the program for SH,
as defined in 22VAC30-80-10, shall be the least restrictive and most integrated
setting practicable for the individual and shall:
1. Comply with federal habitability standards;
2. Provide cooking and bathroom facilities in each unit;
3. Afford dignity and privacy to the individual; and
4. Include rights of tenancy pursuant to the Virginia
Residential Landlord and Tenant Act (§ 55-248.2 et seq. of the Code of
Virginia).
22VAC30-80-45. Conditions of participation in the program.
A. Provider agreement for ALF.
1. As a condition of participation in the program, the ALF
provider is required to complete and submit to the department a signed provider
agreement as stipulated in subdivision 2 of this subsection in this
section. The agreement is to be submitted prior to the ALF accepting AG
payment for qualified individuals. A copy of the ALF's current license must be
submitted with the provider agreement.
2. The ALF provider shall agree to the following conditions in
the provider agreement to participate in the program:
a. Provide services in accordance with all laws, regulations,
policies, and procedures that govern the provision of services in the facility;
b. Submit an annual certification form by October 1 of each
year;
c. Care for individuals with AG in accordance with the
requirements in this chapter at the current established rate;
d. Refrain from charging the individual, his family, or his
authorized personal representative a security deposit or any other form of
compensation as a condition of admission or continued stay in the facility;
e. Accept the established rate as payment in full for services
rendered;
f. Account for the personal needs allowances in a separate
bank account and apart from other facility funds and issue a statement to each
individual regarding his account balance that includes any payments deposited
or withdrawn during the previous calendar month;
g. Provide a 60-day written notice to the regional licensing
office in the event of the facility's closure or ownership change;
h. Provide written notification of the date and place of an
individual's discharge or the date of an individual's death to the local
department of social services determining the individual's AG eligibility and
to the qualified assessor within 10 days of the individual's discharge or
death; and
i. Return to the local department of social services
determining the individual's AG eligibility, all AG funds received after the
death or discharge date of an individual in the facility.
B. As a condition of participation in the program, the AFC
provider shall be approved by a local department of social services and comply
with the requirements set forth in 22VAC30-120.
C. Provider agreement for SH.
1. As a condition of participating in the AG program, the
SH provider shall enter an agreement with DBHDS pursuant to § 37.2-421.1 of the
Code of Virginia.
2. The SH provider shall submit a copy of the executed
agreement and a copy of its current DBHDS license prior to the SH provider
receiving payments from the AG program on behalf of qualified individuals.
3. The SH provider shall provide SH services for each
individual in accordance with § 37.2-421.1 of the Code of Virginia and all
other applicable laws, regulations, and policies and procedures.
C. D. ALFs and, AFC homes, or
SH providers providing services to AG recipients may accept third-party
payments made by persons or entities for the actual costs of goods or services
that have been provided to the AG recipient. The department shall not include
such payments as income for the purpose of determining eligibility for or
calculating the amount of an AG provided that the payment is made:
1. Directly to the ALF or, AFC home, or SH
provider by the third party on behalf of the individual after the goods or
services have been provided;
2. Voluntarily by the third party, and not in satisfaction of
a condition of admission, continued stay, or provision of proper care and
services, unless the AG recipient's physical needs exceed the services required
to be provided by the ALF, AFC, or SH provider as a condition of
participation in the auxiliary grant program AG; and
3. For specific goods or services provided to the individual
other than food, shelter, or other specific goods or services required to be
provided by the ALF or, AFC home, or SH provider as a
condition of participation in the AG program.
D. E. Third-party payments shall not be used to
pay for a private room in an ALF or AFC home.
E. F. ALFs and, AFC homes, and
SH providers shall document all third-party payments received on behalf of
an individual, including the source, amount, and date of the payment, and the
goods or services for which such payments were made. Documentation related to
the third-party payments shall be provided to the department upon request.
F. G. ALFs and, AFC homes, and
SH providers shall provide each AG recipient and his authorized
representative with a written list of the goods and services that shall be
covered by the AG as defined in this chapter, including a clear statement that
the facility shall not charge an individual or the individual's family or
authorized representative additional amounts for goods or services included on
such list. This statement shall be signed by the AG recipient or authorized
representative as acknowledgment of receipt and shall be made available to the
department upon request.
22VAC30-80-50. Establishment of rate.
The established rate for individuals authorized to reside in
an ALF or in, an AFC, or a supportive housing setting is
the established rate as set forth in the appropriation act or as set forth by
changes in the federal maintenance of effort formula. The AG payment is
determined by adding the rate plus the personal needs allowance minus the
individual's countable income. The effective date is the date of the individual's
approval for AG by the local department of social services.
22VAC30-80-60. Reimbursement.
A. Any payments contributed toward the cost of care basic
services as defined in 22VAC30-80-30 and 22VAC30-80-35 pending AG
eligibility determination shall be reimbursed to the individual or contributing
party by the ALF or, AFC, or SH provider once eligibility
for AG is established and that payment received. The payment shall be made
payable to the individual, who will then reimburse the provider for care
appropriate providers for basic services. If the individual is not
capable of managing his finances, his authorized representative or
authorized payee is responsible for reimbursing the provider.
B. In the event an ALF is closed, the facility shall prorate
the rate up to the date of the individual's discharge and return the balance of
the AG to the local department of social services that determined the
individual's eligibility for the AG. If the facility maintained the
individual's personal needs allowance, the facility shall provide a final
accounting of the individual's personal needs allowance account within 60 days
of the individual's discharge. Verification of the accounting and of the
reimbursement to the individual shall be sent to the case management agency
responsible for the individual's annual reassessment. In the event of the
individual's death, the provider shall give to the individual's personal
authorized representative a final accounting of the individual's funds
within 60 calendar days of the event. All AG funds received after the death or
discharge date shall be returned to the local department of social services
responsible for determining the individual's AG eligibility as soon as
practicable.
C. Providers who do not comply with the requirements of this
chapter may be subject to adverse action, which may include suspension of new
AG program Program admissions or termination of provider
agreements.
22VAC30-80-70. ALF certification Certification
and record requirements.
A. ALFs ALF and SH providers shall submit to
the department an annual certification form by October 1 of each year for
the preceding state fiscal year. The certification shall include the following:
(i) identifying information about the ALF provider, (ii)
census information including a list of individuals who resided in the facility or
SH setting and received AG during the reporting period, and (iii)
personal needs allowance accounting information if such personal needs
accounting information is required by the setting. If a provider fails to
submit an annual certification form, the provider will not be authorized to
accept additional individuals with AG.
B. All information reported by an ALF or SH provider
on the certification form shall be subject to audit by the department. Financial
information that is not reconcilable to the provider's general ledger or
similar records could result in establishment of a liability to the provider.
Records shall be retained for three years after the end of the reporting period
or until audited by the department, whichever is first.
C. All records maintained by an AFC provider, as required by
22VAC30-120, shall be made available to the department or the approving local
department of social services upon request. All records are subject to audit by
the department. Financial information that is not reconcilable to the
provider's records could result in establishment of a liability to the
provider. Records shall be retained for three years after the end of the
reporting period or until audited by the department, whichever is first.
NOTICE: The following
forms used in administering the regulation were filed by the agency. The forms
are not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of a form with a hyperlink to
access it. The forms are also available from the agency contact or may be
viewed at the Office of the Registrar of Regulations, 900 East Main Street,
11th Floor, Richmond, Virginia 23219.
FORMS (22VAC30-80)
Auxiliary Grant Program Provider Agreement,
032-02-0747-02-eng (rev. 6/13)
Auxiliary Grant Certification, 032-02-0747-06-eng (rev.
5/13)
Auxiliary
Grant Provider Agreement,032-02-0747-06-eng (rev. 7/2017)
Auxiliary
Grant Certification,032-02-0745-10-eng (rev. 7/2017)
Statement of Virginia Residency and Intent to
Remain in Virginia, 032-02-0749-00-eng (eff. 12/2012)
Auxiliary
Grant Certification,032-15-0012-00-eng (eff. 2/2017)
VA.R. Doc. No. R17-4816; Filed July 9, 2018, 12:39 p.m.