Department of Rehabilitative Services (262)

Authority: Title 51.5, Chapters 5 and 6, Code of Virginia; P.L. 93-112, Federal Code.

A. Recovery of administrative costs for the Long Term Employment Support Services program shall be limited to 1.87 percent each fiscal year.

B. A minimum of $4,225,084 the first year and $4,227,672 the second year from all funds is allocated to support Centers for Independent Living. If there is an extension through June 30, 2011 of increased Federal Medical Assistance Percentage under the American Recovery and Reinvestment Act (P.L. 111-5), the reduction in the first year in this paragraph shall not become effective. The Governor shall have authority to direct that the first year reduction referenced in this paragraph be imposed, either partially or in full, as he deems necessary in order to ensure that the costs to the Commonwealth of contingent restorations in various items within this act do not exceed the amount of funding made available due to an extension of the increased Federal Medical Assistance Percentage.

C. The Department of Rehabilitative Services shall fulfill the administrative responsibilities pertaining to the Personal Attendant Services program, without interruption or discontinuation of personal attendant services currently provided.

D.1. Out of this appropriation shall be provided $3,188,638 the first year and $3,188,638 the second year from the general fund for expanding the continuum of services used to assist persons with brain injuries in returning to work and community living.

2. Of this amount, $1,725,000 the first year and $1,725,000 the second year from the general fund shall be used to provide a continuum of brain injury services to individuals in unserved or underserved regions of the Commonwealth. Up to $150,000 each year shall be awarded to successful program applicants. Programs currently receiving more than $250,000 from the general fund each year are ineligible for additional assistance under this section. To be determined eligible for a grant under this section, program applicants shall submit plans to pursue non-state resources to complement the provision of general fund support.

3. In allocating additional funds for brain injury services, the Department of Rehabilitative Services shall consider recommendations from the Virginia Brain Injury Council (VBIC).

4. The Department of Rehabilitative Services (DRS) shall submit an annual report to the Chairmen of the Senate Finance and House Appropriations Committees documenting the number of individuals served, services provided, and success in attracting non-state resources.

E. In allocating funds for Extended Employment Services, Long Term Employment Support Services (LTESS) and Economic Development, the Department of Rehabilitative Services shall consider recommendations from the established Employment Service Organizations/LTESS Steering Committee.

F. The Department of Rehabilitative Services shall work with the disAbility Resource Center to phase out funding that has been provided by the State Independent Living Council so as not to impose an undue hardship on persons with disabilities who receive services from the Center.

G. Out of this appropriation, $285,000 the first year and $285,000 the second year shall be provided from the general fund to support direct case management services for brain injured individuals and their families in Southwestern Virginia.

H.1. For Commonwealth Neurotrauma Initiative Trust Fund grants awarded after July 1, 2004, the Commissioner shall require applicants to submit a plan to achieve self-sufficiency by the end of the grant award cycle in order to receive funding consideration.

2. Notwithstanding any other law to the contrary, the Commissioner may reallocate up to $500,000 from unexpended balances in the Commonwealth Neurotrauma Initiative Trust Fund to fund new grant awards for research on traumatic brain and spinal cord injuries.

I. Out of this appropriation, $150,000 the first year and $150,000 the second year from the general fund shall be used to expand case management services for individuals with brain injuries in unserved or underserved regions of the Commonwealth.

J. Out of this appropriation, $200,000 the first year from and $200,000 the second year from the general fund shall be provided for brain injury services. In allocating the funding, the Department of Rehabilitative Services shall consider recommendations from the Virginia Brain Injury Council.

K. Notwithstanding the provisions of § 51.5-47, Code of Virginia, every county and city, either singly or in combination with another political subdivision, may establish a local disability services board to provide input to state agencies on service needs and priorities of persons with physical and sensory disabilities, to provide information and resource referral to local governments regarding the Americans with Disabilities Act, and to provide such other assistance and advice to local governments as may be requested. Notwithstanding the provisions of § 51.5-48, Code of Virginia,  local disability services boards shall follow some or all of the provisions of this code section, at their discretion.