TITLE 12. HEALTH
Title of Regulation:
12VAC30-60. Standards Established and Methods Used to Assure High Quality Care (adding 12VAC30-60-361; repealing
12VAC30-60-360).
Statutory Authority: § 32.1-325 of the Code of
Virginia; 42 USC § 1396 et seq.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: January 23, 2019.
Effective Date: February 7, 2019.
Agency Contact: Emily McClellan, Regulatory Supervisor,
Policy Division, Department of Medical Assistance Services, 600 East Broad
Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804)
786-1680, or email emily.mcclellan@dmas.virginia.gov.
Basis: Section 32.1-325 of the Code of Virginia grants
the Board of Medical Assistance Services the authority to administer and amend
the State Plan for Medical Assistance. Section 32.1-324 of the Code of Virginia
authorizes the Director of the Department of Medical Assistance Services (DMAS)
to administer and amend the State Plan for Medical Assistance according to the
board's requirements. The Medicaid authority as established by § 1902(a) of the
Social Security Act (42 USC § 1396a) provides governing authority for payments
for services.
Purpose: This regulatory action permits DMAS to replace
the current Level of Functioning (LOF) survey instrument with the more current
Virginia Individual Developmental Disability Eligibility Survey (VIDES)
assessment. The purpose of this action is to implement the same screening
standard to be applied to individuals for admission to an intermediate care
facility for individuals with intellectual disability as is being used for
screening such individuals for home and community based developmental
disability waiver services. Using the same screening standard for all
individuals, regardless of whether they seek institutional care or community
care, ensures the uniformity and consistency of evaluation and treatment to
protect the health and welfare of these vulnerable citizens.
Rationale for Using Fast-Track Rulemaking Process: This
regulatory action is being promulgated as a noncontroversial fast-track
rulemaking action since the use of the VIDES assessment instrument for waiver
services, under the authority of a current emergency regulation, has been well
received by the affected provider and citizen communities.
Substance: The section of the State Plan for Medical
Assistance that is affected by this action is Standards Established and Methods
Used to Assure High Quality of Care: Criteria for care in facilities for
mentally retarded persons (12VAC30-60-360).
Current Policy: This section of the State Plan for Medical
Assistance was implemented after the 1987 Omnibus Budget Reconciliation Act
required that states specify standards for a level of functioning that
individuals were required to meet for Medicaid to reimburse for intermediate
care facilities for the mentally retarded (ICF/MR) services. With the exception
of specifying that the Level of Functioning (LOF) survey also applied to
individuals seeking waiver services in their communities, this section of the
State Plan has not been substantially revised since it was originally
promulgated.
The LOF survey assessed individuals in the following areas:
(i) Health status, as in medication administration, seizure
control, handling diagnoses for disease control and care, direct service care
for lesions or wound dressings, motor disabilities that interfere with
activities of daily living, and nutritional issues (e.g., undernourishment,
swallowing problems, obesity).
(ii) Communication, as in how often does the individual
indicate wants by pointing or vocalization, use simple words or phrases,
understand simple words or phrases, identify at least 10 things using the
appropriate word, or speak in an understandable manner.
(iii) Task learning skills, as in paying attention to
purposeful activities for five minutes, staying with a three-step task, telling
time to the hour and understanding time intervals, counting more than 10
objects, writing or printing 10 words, or naming people or objects.
(iv) Personal or self-care, as in performing activities of
daily living (e.g., eating, toileting, bathing, dressing).
(v) Mobility, as in moving around the environment, rising from
sitting or lying down positions, and turning or repositioning in bed.
(vi) Behavior, as in engaging in self-destructive behavior,
threatening physical harm to others, throwing things, damaging property, or
responding in socially unacceptable manners.
(vii) Community living skills, as in preparing simple foods,
caring for personal belongings and living space, performing laundry functions,
counting money, using the telephone, being in the community without wandering
off, and refraining from exhibiting unacceptable sexual behaviors in public.
The individual's level of functioning in each category indicate
his areas of dependency. In some categories, dependency is rated by the degree
of assistance required by the individual. In other categories, dependency is
established by the frequency of a particular behavior or the individual's
ability to perform a given task.
The formal name for ICF/MR institutions was changed by the U.S.
Department of Health and Human Services Health Care Financing Administration
(the Medicaid federal funding agency that preceded the current Centers for
Medicare and Medicaid Services), to intermediate care facilities for
individuals with intellectual disability (ICF/IID).
Recommendations: Beginning in 2013, DMAS, in collaboration with
the Department of Behavioral Health and Developmental Services (DBHDS), began a
major overhaul of its waiver programs for intellectually and developmentally
disabled citizens, partially in response to the Department of Justice (DOJ)
Settlement (court approved in 2012). These waivered programs were originally
called the Individuals and Families with Developmental Disabilities (DD), the
Intellectual Disabilities Waiver (ID), and the Day Support Waiver (DS). The DD
waiver is being replaced with the Family and Individual Supports (FIS) waiver;
the ID waiver is being replaced with the Community Living (CL) waiver; and the
DS waiver is being replaced with the Building Independence (BI) waiver.
During the course of revamping these three waivers, DMAS and
DBHDS replaced the outdated Level of Functioning (LOF) survey with the Virginia
Individual Developmental Disability Eligibility Survey (VIDES). Adopting the
use of the VIDES standards for individuals seeking institutional care in ICF/IIDs,
as set out in this regulatory action, restores consistency to the standards
applied to such individuals regardless of whether services are to be received
in communities or institutions. The result will be that all such affected
individuals will be evaluated by the same criteria.
In addition to the change in the survey tool, a new single
point of referral for the screening process has been added to address concerns
from the DOJ Settlement Agreement about consistency in screening and
availability of community options.
The Virginia Individual Developmental Disabilities Eligibility
Survey (VIDES) has three age-appropriate versions: VIDES for infants (children
up to three years of age), VIDES for children (ages three through 18), and
VIDES for adults (individuals 18 years of age and older).
The adult form assesses an individual's abilities, for example,
in these areas:
(i) Health status, as in how often does the individual require
support for medication administration, monitoring of seizures, or learning a prescribed
regimen for a diagnosed chronic health care condition.
(ii) Communication, as in how often does the individual
effectively share information, effectively communicate wants or needs; use at
least simple words, phrases, or short sentences; ask for things using
appropriate names; engage in purposeful activities; complete a multi-step task
without reminders; or count more than 10 objects.
(iii) Task learning, as in how often does the individual engage
in purposeful activities for at least five minutes, complete a multi-step task
without reminders, tell time to the hour and understand time intervals, or
count more than 10 objects.
(iv) Personal or self-care, as in with what type of assistance
can the individual perform personal hygiene tasks, perform dining or eating
functions, perform bathing or showering functions, and perform grooming tasks.
(v) Motor skills, as in with what type of assistance can the
individual move safely about his environment, safely get in and out of bed, and
demonstrate fine motor control or eye-hand coordination.
(vi) Behavior, as in how often does this individual engage in
behavior that results in harm or injury to himself, demonstrate aggressive or
threatening behavior toward other persons, engage in property destruction, or
respond to others in a socially inappropriate manner.
(vii) Community living skills, as in with what type of
assistance is the individual able to prepare simple foods, perform
housecleaning and laundry tasks, identify and calculate the value of money, use
the telephone, recognize and respond appropriately to dangerous situations, and
remain safely in the community without wandering off.
(viii) Self direction skills, as in making and implementing
daily personal decisions regarding daily schedule and time management; making
and implementing major life decisions such as choice and type of living
arrangements; demonstrating adequate social skills to establish or maintain
interpersonal relationships; demonstrating the ability to cope with fears,
anxieties, or frustrations; demonstrating the ability to manage personal
finances; or demonstrating ability to protect self from exploitation.
The primary difference between the old LOF and the new VIDES is
the addition of the self-direction section. This addition has resulted from
recent federal emphasis on providing for and encouraging person-centered
planning, activities, and program focus. Agencies that are charged with serving
these individuals are now required to promote an individual's participation in
developing that individual's own plan of care that must incorporate the
individual's goals and objectives for life.
Issues: The advantages to the public and the
Commonwealth are that consistent, person-centered functional standards will be
applied to individuals who obtain care in their communities or in ICF/IID
institutions. There are no disadvantages to the public or the Commonwealth in
this action. Private businesses will only be affected to the degree that they
are privately operated ICF/IIDs.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. The Board of
Medical Assistance Services proposes to replace the current Level of
Functioning (LOF) survey standards with the new Virginia Individual
Developmental Disabilities Eligibility Survey (VIDES) standards for individuals
seeking care in Intermediate Care Facilities for Individuals with Intellectual
Disabilities (ICF/IIDs).
Result of Analysis. The benefits likely exceed the costs for
all proposed changes.
Estimated Economic Impact. The LOF survey has been a screening
tool used to determine the level of care eligibility for certain mental health
services since 1987. It assesses individuals in areas such as health status,
communication, task learning, personal/self-care, mobility, behavior, and
community living skills. Beginning in 2013, the Department of Medical
Assistance Services (DMAS) in collaboration with the Department of Behavioral
Health and Developmental Services (DBHDS), began a major overhaul of its waiver
programs for intellectually and developmentally disabled citizens.
During the course of revamping the waiver programs that
provided services in community settings,1 DMAS and DBHDS replaced
the outdated LOF survey with the Virginia Individual Developmental Disability
Eligibility Survey (VIDES). The new VIDES survey assesses individuals in the
same areas as the LOF survey but also includes an additional assessment on
self-direction skills. Self-direction skills include making and implementing
daily personal decisions regarding daily schedule and time management; making
and implementing major life decisions such as choice and type of living
arrangements; demonstrating adequate social skills to establish/maintain
interpersonal relationships; demonstrating the ability to cope with fears,
anxieties, or frustrations; demonstrating the ability to manage personal
finances; and demonstrating ability to protect self from exploitation.
The added focus on self-direction has resulted from a recent
federal emphasis on providing for and encouraging person-centered planning,
activities, and program focus following the 1999 United States Supreme Court
decision in Olmstead v. L.C., which requires that individuals with disabilities
be served in the most integrated settings that are possible for their
particular circumstances.2 Agencies that are charged with serving
these individuals are now required to promote individuals' participation in
developing their own plans of care that must incorporate the individuals' goals
and objectives for their lives.
Adopting the use of the VIDES standards for individuals seeking
institutional care in ICF/IIDs restores consistency to the standards applied to
such individuals regardless of whether services are to be received in
communities or institutions. The expected result is that all such affected
individuals will be evaluated by the same updated criteria as before the
implementation of the new waiver designs.
DMAS does not expect the change in the survey to affect the
number of individuals placed in ICF/IIDs. Thus, the proposed adoption of the
VIDES survey should not create any significant financial impact on the
Commonwealth. To the extent the new survey accommodates self-direction and
updates screening standards with modern criteria, the proposed regulation
should create a net benefit.
Businesses and Entities Affected. There are approximately 57
ICF/IIDs enrolled with DMAS. Some of these may be small businesses. These
facilities have approximately 530-bed capacity.
Localities Particularly Affected. The proposed changes do not
disproportionately affect any locality more than others.
Projected Impact on Employment. No impact on employment is
expected.
Effects on the Use and Value of Private Property. No impact on
the use and value of private property is expected.
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. The proposed regulation does not
impose costs and other effects on small businesses.
Alternative Method that Minimizes Adverse Impact. There is no
adverse impact on small businesses.
Adverse Impacts:
Businesses. The proposed regulation does not adversely affect
businesses.
Localities. The proposed regulation does not adversely affect
localities.
Other Entities. The proposed regulation does not adversely
affect other entities.
___________________________
1These waivered programs were originally called the
Individuals and Families with Developmental Disabilities (DD), the Intellectual
Disabilities Waiver (ID), and the Day Support Waiver (DS). The DD waiver is
being replaced with the Family and Individual Supports (FIS) waiver; the ID
waiver is being replaced with the Community Living (CL) waiver; and the DS
waiver is being replaced with the Building Independence (BI) waiver.
2527 U.S. 581 (1999).
Agency's Response to Economic Impact Analysis: The
agency has reviewed the economic impact analysis prepared by the Department of
Planning and Budget and raises no issues with this analysis.
Summary:
This regulatory action replaces the current Level of
Functioning Survey standards with the Virginia Individual Developmental
Disabilities Eligibility Survey (VIDES) standards for individuals seeking care
in intermediate care facilities for individuals with intellectual disabilities
(ICF/IIDs). The Commonwealth has recently adopted the VIDES standards for the
comparable level of functioning for waiver services in communities. By using
the VIDES standards for institutional care in this action, the Commonwealth is
restoring the consistency of functional standards for individuals regardless of
whether they obtain their care in their communities or in ICF/IID institutions.
12VAC30-60-360. Criteria for care in facilities for mentally
retarded persons. (Repealed.)
§ 4.0 Definitions. The following words and terms, when
used in these criteria, shall have the following meaning, unless the context
clearly indicated otherwise:
"no assistance" shall mean no help is needed.
"prompting/structuring" shall mean prior to the
functioning, some verbal direction and/or some rearrangement of the environment
is needed.
"supervision" shall mean that a helper must be
present during the function and provide only verbal direction, general prompts,
and/or guidance.
"some direct assistance" shall mean that helper
must be present and provide some physical guidance/support (with or without
verbal direction).
"total care" shall mean that a helper must
perform all or nearly all of the functions.
"rarely" shall mean that a behavior occurs
quarterly or less.
"sometimes" shall mean that a behavior occurs
once a month or less.
"often" shall mean that a behavior occurs 2-3
times a month.
"regularly" shall mean that a behavior occurs
weekly or more.
§ 4.1 Utilization Control regulations require that
criteria be formulated for guidance for appropriate levels of services.
Traditionally, care for the mentally retarded has been institutionally based;
however, this level of care need not be confined to a specific setting. The
habilitative and health needs of the client are the determining issues.
§ 4.2 The purpose of these regulations is to establish
standard criteria to measure eligibility for Medicaid payment. Medicaid can pay
for care only when the client is receiving appropriate services and when
"active treatment" is being provided. An individual's need for care
must meet these criteria before any authorization for payment by Medicaid will
be made for either institutional or waivered rehabilitative services for the
mentally retarded.
§ 4.3 Care in facilities for the mentally retarded
requires planned programs for habilitative needs and/or health related services
which exceed the level of room, board, and supervision of daily activities.
Such cases shall be combination of habilitative,
rehabilitative, and health services directed toward increasing the functional
capacity of the retarded person. Examples of services shall include training in
the activities of daily living, task-learning skills, socially acceptable
behaviors, basic community living programming, or health care and health
maintenance. The overall objective of programming shall be the attainment of
the optimal physical, intellectual, social, or task learning level which the
person can presently or potentially achieve.
§ 4.4 The evaluation and re-evaluation for care in a
facility for the mentally retarded shall be based on the needs of the person,
the reasonable expectations of the resident's capabilities, the appropriateness
of programming, whether progress is demonstrated from the training and, in an
institution, whether the services could reasonably be provided in a less
restrictive environment.
§ 4.5 Patient assessment criteria. The patient assessment
criteria are divided into broad categories of needs, or services provided.
These must be evaluated in detail to determine the abilities/skills which will
be the basis for the development of a plan for care. The evaluation process
will demonstrate a need for programming an array of skills and abilities or
health care services. These have been organized in seven major categories.
Level of functioning in each category is graded from the most dependent to the
least dependent. In some categories, the dependency status is rated by the
degree of assistance required. In other categories, the dependency is
established by the frequency of a behavior or ability to perform a given task.
§ 4.6 The resident must meet the indicated dependency
level in TWO OR MORE of categories 1 through 7.
1. Two or more questions must be answered with a 4, OR
2. Question "j" must be answered "yes."
B. Communication Skills - To meet this category three or
more questions must be answered with a 3 or a 4.
C. Task Learning Skills - To meet this category three or
more questions must be answered with a 3 or a 4.
D. Personal Care - To meet this category
1. Question "a" must be answered with a 4 or a 5,
OR
2. Question "b" must be answered with a 4 or a 5,
OR
3. Questions "c" and "d" must be
answered with a 4 or a 5.
E. Mobility - To meet this category any one question must
be answered with a 4 or a 5.
F. Behavior - To meet this category any one question must
be answered with a 3 or a 4.
G. Community Living - To meet this category
1. Any two of the questions "b", "e",
or "g" must be answered with a 4 or a 5, OR
2. Three or more questions must be answered with a 4 or a
5.
§ 4.7. Level of functioning survey.
A. HEALTH STATUS
|
How often is nursing care or nursing supervision by a
licensed nurse required for the following? (Key:1=rarely, 2=sometimes,
3=often, and 4=regularly)
|
1. Medication administration and/or evaluation for
effectiveness of a medication regimen?
|
1
|
2
|
3
|
4
|
2. Direct services: i.e., care for lesions, dressings,
treatments, (other than shampoos, foot power, etc.)
|
1
|
2
|
3
|
4
|
3. Seizures control
|
1
|
2
|
3
|
4
|
4. Teaching diagnosed disease control and care, including
diabetes
|
1
|
2
|
3
|
4
|
5. Management of care of diagnosed circulatory or
respiratory problems
|
1
|
2
|
3
|
4
|
6. Motor disabilities which interfere with all activities
of Daily Living - Bathing, Dressing, Mobility, Toileting, etc.
|
1
|
2
|
3
|
4
|
7. Observation for choking/aspiration while eating,
drinking?
|
1
|
2
|
3
|
4
|
8. Supervision of use of adaptive equipment, i.e.,
special spoon, braces, etc.
|
1
|
2
|
3
|
4
|
9. Observation for
nutritional problems (i.e., undernourishment, swallowing difficulties,
obesity)
|
1
|
2
|
3
|
4
|
10. Is age 55 or older, has a diagnosis of a chronic
disease and has been in an institution 20 years or more
|
1
|
2
|
3
|
4
|
B. COMMUNICATION
|
Using the Key 1=regularly, 2=often, 3=sometimes,
4=rarely, how often does this person
|
1. Indicate wants by pointing, vocal noises, or signs?
|
1
|
2
|
3
|
4
|
2. Use simple words, phrases, short sentences?
|
1
|
2
|
3
|
4
|
3. Ask for at least ten things using appropriate names?
|
1
|
2
|
3
|
4
|
4. Understand simple words, phrases or instructions
containing prepositions: i.e., on in behind?
|
1
|
2
|
3
|
4
|
5. Speak in an easily understood manner?
|
1
|
2
|
3
|
4
|
6. Identify self, place of residence, and significant
others?
|
1
|
2
|
3
|
4
|
C. TASK LEARNING SKILLS
|
How often does this person perform the following
activities (Key: 1=regularly, 2=often, 3=sometimes, 4=rarely)
|
1. Pay attention to purposeful activities for 5 minutes?
|
1
|
2
|
3
|
4
|
2. Stay with a 3 step task for more than 15 minutes?
|
1
|
2
|
3
|
4
|
3. Tell time to the hour and understand time intervals?
|
1
|
2
|
3
|
4
|
4. Count more than 10 objects?
|
1
|
2
|
3
|
4
|
5. Do simple addition, subtraction?
|
1
|
2
|
3
|
4
|
6. Write or print ten
words?
|
1
|
2
|
3
|
4
|
7. Discriminate shapes,
sizes, or colors?
|
1
|
2
|
3
|
4
|
8. Name people or objects when describing pictures?
|
1
|
2
|
3
|
4
|
9. Discriminate between one, many, lot?
|
1
|
2
|
3
|
4
|
D. PERSONAL and SELF CARE
|
With what type of assistance can this person currently
(Key: 1=No Assistance, 2=Prompting/Structures, 3=Supervision, 4=Some Direct
Assistance, 5=Total Care)
|
1. Perform toileting functions: i.e., maintain bladder
and bowel continence, clean self, etc.?
|
1
|
2
|
3
|
4
|
5
|
2. Perform eating/feeding functions: i.e., drinks liquids
and eats with spoon or fork, etc.?
|
1
|
2
|
3
|
4
|
5
|
3. Perform bathing function: i.e., bathes, runs bath, dry
self, etc.?
|
1
|
2
|
3
|
4
|
5
|
4. Dress self completely, i.e., including fastening,
putting on clothes, etc.?
|
1
|
2
|
3
|
4
|
5
|
E. MOBILITY
|
With what type of assistance can this person currently
(Key: 1=No Assistance, 2=Prompting/Structures, 3=Supervision, 4=Some Direct
Assistance, 5=Total Care)
|
1. Move, (walking, wheeling) around environment?
|
1
|
2
|
3
|
4
|
5
|
2. Rise from lying down to sitting positons, sits without
support?
|
1
|
2
|
3
|
4
|
5
|
3. Turn and position in bed, roll over?
|
1
|
2
|
3
|
4
|
5
|
F. BEHAVIOR
|
How often does this person (Key:1=Rarely, 2=Sometimes,
3=Often, and 4=Regularly)
|
1. Engage in self destructive behavior?
|
1
|
2
|
3
|
4
|
2. Threaten or do physical violence to others?
|
1
|
2
|
3
|
4
|
3. Throw things, damage property, have temper outbursts?
|
1
|
2
|
3
|
4
|
4. Respond to others in a socially unacceptable manner -
(without undue anger, frustration, or hostility)
|
1
|
2
|
3
|
4
|
G. COMMUNITY LIVING SKILLS
|
With what type of assistance can this person currently
(Key:1=No Assistance, 2=Prompting/Structures, 3=Supervision, 4=Some Direct
Assistance, 5=Total Care)
|
1. Prepare simple foods requiring no mixing or cooking?
|
1
|
2
|
3
|
4
|
5
|
2. Take care of personal belongings, room (excluding
vacuuming, ironing, clothes washing/drying, wet mopping)?
|
1
|
2
|
3
|
4
|
5
|
3. Add coins of various denominations up to one dollar?
|
1
|
2
|
3
|
4
|
5
|
4. Use the telephone to call home, doctor, fire, police?
|
1
|
2
|
3
|
4
|
5
|
5. Recognize survival signs/words: i.e., stop, go,
traffic lights, police, men, women, restrooms, danger, etc.?
|
1
|
2
|
3
|
4
|
5
|
6. Refrain from exhibiting unacceptable sexual behavior
in public?
|
1
|
2
|
3
|
4
|
5
|
7. Go around cottage, ward, building, without running
away, wandering off, or becoming lost?
|
1
|
2
|
3
|
4
|
5
|
8. Make minor purchases, i.e., candy, soft drink, etc?
|
1
|
2
|
3
|
4
|
5
|
12VAC30-60-361. Criteria for supports and services in
intermediate care facilities for individuals with intellectual disabilities.
A. This section establishes standard criteria that shall
be met by individuals in order to receive Medicaid payment for care in
intermediate care facilities for individuals with intellectual disabilities
(ICF/IID). Once the individual has been screened and found to meet these
criteria, Medicaid covers the costs of care only when the individual is
receiving appropriate supports and services and when active treatment, as set
forth in 42 CFR 483.440(a), is being provided.
B. Supports and services that are provided in facilities
for individuals with developmental or intellectual disabilities for the purpose
of claiming Medicaid reimbursement requires individualized, person-centered
planned programs of supports and services to address habilitative needs or
health needs, or both, as set forth in 42 CFR 483.21.
1. Such care may be a combination of habilitative,
rehabilitative, and health services directed toward increasing or maintaining
the highest mental, physical, and psychosocial skills and abilities of the
individual. Individuals with degenerative conditions shall receive supports and
services designed to retain skills and functioning and to prevent further
regression to the extent possible. Examples of such care include (i) skill
building in the activities of daily living, (ii) skill building in
task-learning, (iii) learning socially acceptable behaviors, (iv) learning
basic community living skills, (v) health care and health maintenance, and (vi)
skill building in self direction.
2. The overall objective of facility based supports and
services, as set out in the person-centered plan, shall be the attainment of
the optimal physical, intellectual, social, or task learning level that the
individual can presently or potentially achieve.
C. Level of dependency and level of functioning criteria.
1. An individual's need for care shall meet the level of
functioning criteria in the Virginia Individual Developmental Disability
Eligibility Survey (VIDES) before any authorization for payment by Medicaid
will be made for institutional services.
2. The level of dependency in each category shall be
indicated from the most dependent to the least dependent. In some categories,
the dependency status shall be rated by the degree of assistance required,
while in other categories, the dependency shall be established by the frequency
of a behavior or the ability to perform a given task.
a. The adult-individual (18 years of age and older) shall
demonstrate an overall total level for the VIDES assessment of dependency in
three or more of the skills or statuses on the VIDES; to demonstrate a skill or
exhibit a status, the individual shall meet the criteria for the dependency
level set out for that skill or status in DMAS Form P237.
b. Children (ages three years through 17 years old) shall
demonstrate an overall total level for the VIDES assessment of dependency in
two or more areas for the VIDES specific for the child's age as set forth in
DMAS Form P236.
c. Infants (younger than three years of age) shall
demonstrate an overall total level for the VIDES assessment of dependency in
two or more areas for the VIDES specific for the infant's age as set forth in
DMAS Form P235.
D. Screening process for entrance into an ICF/IID shall be
coordinated through DMAS or its designee.
1. ICF/IID screening requests:
a. DMAS or its designee shall accept requests for ICF/IID
screenings and ensure that, within seven calendar days of referral, those
screenings are scheduled.
b. DMAS or its designee shall accept requests for ICF/IID
screenings and ensure that those who need emergency access are scheduled and
screened within 48 hours. The criteria to determine the need for emergency
access shall be one of the following:
(1) Child protective services has substantiated abuse or
neglect against the primary caregiver and has removed the individual from the
home, or for adults where (i) adult protective services has found that the
individual needs and accepts protective services or (ii) abuse or neglect has
not been founded, but corroborating information from other sources (agencies)
indicate that there is an inherent risk present and there are no other
caregivers available to provide support services to the individual.
(2) Death of primary caregiver or lack of alternative
caregiver coupled with the individual's inability to care for himself and
endangerment to self or others without supports.
c. The screening will be provided to the chosen ICF/IID
during its assessment and admission process when requested by the facility.
d. Screenings by the DMAS designee shall be completed or
approved prior to admission to an ICF/IID.
2. DMAS or its designee shall also explore and review more
integrated community options with the individual and family or guardian at the
time of screening and through the established review recommendations and
procedures with DBHDS.
E. Upon admission to an ICF/IID, the facility shall
perform an assessment of the individual consistent with 42 CFR 483.440.
F. The assessment and reassessment for determination of
continued stay in the ICF/IID level of care shall be performed by the
interdisciplinary team and be based on (i) the needs of the individual, (ii)
the individual's capabilities, (iii) the appropriateness of services and
supports to be provided, (iv) the progress the individual demonstrates from the
skill building, and (v) whether the services and supports could reasonably be
provided and are available in a less restrictive environment.
G. The individual assessment shall be evaluated in detail
to determine the skills, abilities, and status that will be the basis for the
development of an individual program plan (IPP). The assessment process shall
indicate a need for an IPP that addresses the individual's skills, abilities,
and need for health care services as set forth in 42 CFR 483.440.
NOTICE: Forms used in
administering the regulation have been 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 (12VAC30-60)
Certificate of Medical Necessity -- Durable Medical
Equipment and Supplies, DMAS 352 (rev. 8/95).
Request for Hospice Benefits, DMAS 420 (rev. 1/99).
Virginia
Individual Developmental Disabilities Eligibility Survey - Infants' Version,
P235 (eff. 3/2016)
Virginia
Individual Developmental Disabilities Eligibility Survey - Children's Version,
P236 (eff. 3/2016)
Virginia
Individual Developmental Disabilities Eligibility Survey - Adults' Version,
P237 (eff. 3/2016)
VA.R. Doc. No. R19-5099; Filed November 26, 2018, 8:25 a.m.