Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department for Aging and Rehabilitative Services
Board
Department for Aging and Rehabilitative Services
chapter
Provision of Independent Living Rehabilitation Services [22 VAC 30 ‑ 30]
Action:
Action to amend regulations governing provision of independent living services to comply with federal regulations.
 
General Information
Action Summary To be consistent with federal regulations, the amendments add ten sections to state regulations: Consumer service record (22 VAC 30-30-31), CIL assurances (22 VAC 30-30-171), Evaluation standards (22 VAC 30-30-181), Compliance indicators (22 VAC 30-30-191), Funded activities under CIL program (22 VAC 30-30-201), Periodic review of centers for independent living (CILs) (22 VAC 30-30-211), Agencies eligible for SILS program (22 VAC 30-30-241), Authorized use of SILS funds (22 VAC 30-30-260), and Service providers (22 VAC 30-30-270) and Standards for service providers (22 VAC 30-30-280). The Definitions (22 VAC 30-30-10) and Scope of IL services for individuals (22 VAC 30-30-80) are amended to use federal definitions for terms, including “center for independent living,” “individual with a significant disability,” and “independent living services.” The amended Review of ineligibility determination (22 VAC 30-30-50, subsection B) requires the service provider to review the ineligibility determination whenever the applicant’s status has materially changed. The amended Independent living plan (22 VAC 30-30-70, subsection A) requires recipients of IL services to have a written IL plan unless the recipient signs a waiver. The following are amended to reflect federal regulatory language: Order of selection (22 VAC 30-30-60), Consideration of similar benefits (22 VAC 30-30-100), Consumer appeal procedures (22 VAC 30-30-110), Protection, use and release of personal information (22 VAC 30-30-120), Agencies eligible for CIL program (22 VAC 30-30-130), Governing Board (22 VAC 30-30-150), Staff (22 VAC 30-30-160), Appeal procedures for CILs (22 VAC 30-30-220), and Referrals (22 VAC 30-30-250). Order of priorities for CILs (22 VAC 30-30-140), is amended to reflect federal requirements for federally-funded CILs and to require the department to fund state-funded CILs based on documented need. Participation by individuals in the cost of services (22 VAC 30-30-90), is amended to add those receiving Worker's Compensation or Veteran's Disability to the list of groups not required to pay for services; makes most services (but not goods) free regardless of income; and considers only the client's income (not family's income) is the client is age 18 or older. The amendments repeal Basic eligibility criteria (22 VAC 30-30-30), Certification of eligibility (22 VAC 30-30-40), Eligibility for those persons served by centers for independent living (22 VAC 30-30-170), and Ineligibility (22 VAC 30-30-180) because these regulations are now incorporated into Eligibility for independent living (IL) services (22 VAC 30-30-20) and Ineligibility (22 VAC 30-30-50). The amendments repeal Cooperative agreements (22 VAC 30-30-240) and incorporates this information into Independent living plan (22 VAC 30-30-70). The amendments repeal Order of selection for those served by centers for independent living (22 VAC 30-30-190), Participation by individuals in cost of services (22 VAC 30-30-210), and Protections, use and release of personal information (22 VAC 30-30-230) and incorporates this information into other sections.
Chapters Affected Only affects this chapter.
Exempt from APA No, this action is not exempt from Article II of the APA and executive branch review.
RIS Project No project yet assigned to this action
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
288 NOIRA Stage withdrawn on 07/25/2002 before DPB completed its review.
1889 NOIRA Stage complete. Comment period ended 11/21/2002.
2162 Proposed Stage complete. Comment period ended 09/26/2003.
2540 Final Stage complete. This regulation became effective on 02/12/2004.
 
Contact Information
Name / Title: Charlotte Arbogast  / Policy Advisor
Address: 8004 Franklin Farms Drive
Richmond, VA 23229
Email Address: charlotte.arbogast@dars.virginia.gov
Phone: (804)662-7093    FAX: (804)662-7663    TDD: (800)464-9950

This person is the primary contact for this chapter.