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2016 SESSION
16102541DBe it enacted by the General Assembly of Virginia:
1. That § 51.5-160 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 37.2-421.1 as follows:
§ 37.2-421.1. Supportive housing providers.
A. The Department may enter into an agreement for the provision of supportive housing for individuals receiving auxiliary grants pursuant to § 51.5-160 with any 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. Such agreement shall include requirements for (i) individualized service plans for every individual receiving services, (ii) access to skills training for every individual receiving services, (iii) assistance with accessing available community-based services and supports for every individual receiving services, (iv) recipient-level outcome data reporting, (v) adherence to identified supportive housing components, (vi) initial identification and ongoing review of the level of care needs for each recipient, (vii) ongoing monitoring of services described in the recipient's individualized service plan, and (viii) annual inspections by the Department or its designee to determine whether the provider is in compliance with the requirements of the agreement.
B. Supportive housing provided by providers entering into agreements with the Department pursuant to this section shall (i) include appropriate support services in the least restrictive and most integrated setting practicable for the recipient, (ii) comply with federal habitability standards, (iii) provide cooking and bathroom facilities in each unit, (iv) afford dignity and privacy to the recipient, (v) include rights of tenancy and rights of appeal prior to termination of a recipient's tenancy, (vi) provide rental levels that leave sufficient funds for other necessary living expenses, and (vii) not admit or retain recipients who require ongoing, onsite, 24-hour supervision and care or recipients who have any of the conditions or care needs described in subsection D of § 63.2-1805.
C. The Department may immediately revoke any agreement pursuant to subsection A if the Department determines that the provider has violated the terms of the agreement or any federal or state law or regulation.
§ 51.5-160. Auxiliary grants program; administration of program.
A. As used in this section:
"Qualified assessor" means an individual who is authorized to perform an assessment, reassessment, or change in level of care for an applicant to or resident of supportive housing or an assisted living facility. For public pay individuals, a "qualified assessor" is an employee of a public human services agency trained in the completion of the uniform assessment instrument. 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. For private pay individuals, a "qualified assessor" is a staff member of the supportive housing provider or assisted living facility trained in the completion of the uniform assessment instrument or an independent private physician.
"Supportive housing" means a residential setting for an auxiliary grant recipient in which housing and related services are provided to the recipient 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 pursuant to an agreement between the provider and the Department of Behavioral Health and Developmental Services pursuant to § 37.2-421.1.
B. The
Commissioner is authorized to prepare and implement, effective with repeal of
Titles I, X, and XIV of the Social Security Act, a plan for a state and local
funded auxiliary grants program to provide assistance to certain individuals who (i) are ineligible for
benefits under Title XVI of the Social Security Act, as amended, and to certain other
individuals or
for whom benefits provided under Title XVI of the Social Security Act, as amended,
are not sufficient to maintain the minimum standards of need established by
regulations promulgated by the Commissioner
and (ii) reside in supportive housing, an assisted living facility licensed by
the Department of Social Services pursuant to Chapter 17 (§
63.2-1700 et seq.) of Title 63.2, or an adult foster care home approved by a
local board of social services pursuant to § 63.2-1601. The
plan shall be in effect in all political subdivisions in the Commonwealth and
shall be administered in conformity with regulations of the Commissioner.
Nothing herein is to be construed to affect any such section as it relates to Temporary Assistance for Needy Families, general relief, or services to persons eligible for assistance under P.L. 92-603.
B. Those individuals
who receive an auxiliary grant and who reside in licensed assisted living
facilities or adult foster care homes C. Auxiliary grant recipients shall
be entitled to a personal needs allowance when computing the amount of the
auxiliary grant. The amount of such personal needs allowance shall be set forth
in the appropriation act.
C. D. The Commissioner shall adopt
regulations for the administration of the auxiliary grants program that shall include requirements for the Department
to use in establishing auxiliary grant rates for licensed assisted living
facilities and adult foster care homes. At a minimum, these requirements such regulations
shall address include
(i) the process for the facilities and homes to use in
reporting their costs, including allowable costs and resident charges, the time
period for reporting costs, forms to be used, financial reviews, and audits of
reported costs; (ii) the process to be used in calculating the auxiliary grant
rates for the facilities and homes; and (iii) the services
to be provided to the auxiliary grant recipient and paid for by the auxiliary
grant and not charged to the recipient's personal needs allowance and (ii) the process for supportive housing
providers, assisted living facilities, and adult foster care homes to report
and certify maintenance of the personal needs allowance and compliance with
regulations for administration of the auxiliary grants program.
D. E. In order to receive an
auxiliary grant while residing in supportive housing
or an assisted living facility, an individual shall have
been evaluated by a case manager or other qualified assessor using the uniform assessment instrument
to determine his need for residential living care
upon admission and annually thereafter. An individual may be admitted to select supportive
housing or an assisted living
facility pending subject to evaluation and assessment of
the individual and availability of the selected housing option as allowed by regulations of the Commissioner, but in no
event shall any public agency incur a financial obligation if the individual is
determined ineligible for an auxiliary grant.
The Commissioner shall adopt regulations to implement the provisions of this subsection.
E. F. Provisions
of Chapter 5 (§ 63.2-500 et seq.) of Title 63.2, relating to the administration
of public assistance programs, shall govern operations of the auxiliary grant
program established pursuant to this section.
F. G. Assisted living facilities and,
adult foster care homes, and supportive
housing providers providing
services to auxiliary grant recipients may accept payments made by third
parties for services provided to an auxiliary grant recipient, and the
Department shall not include such payments as income for the purpose of
determining eligibility for or calculating the amount of an auxiliary grant,
provided that the payment is made:
1. Directly to the assisted living facility or,
adult foster care home, or supportive
housing provider by the third party on behalf of the
auxiliary grant recipient;
2. Voluntarily by the third party, and not in satisfaction of
a condition of admission, stay, or provision of proper care and services to the
auxiliary grant recipient, unless the auxiliary grant recipient's physical
needs exceed the services required to be provided by the assisted living
facility or supportive housing provider
as a condition of participation in the auxiliary grant program pursuant to
subsection C D;
and
3. For specific goods and services provided to the auxiliary
grant recipient other than food, shelter, or specific goods or services
required to be provided by the assisted living facility or, adult foster care home, or supportive housing provider
as a condition of participation in the auxiliary grant program pursuant to
subsection C D.
G. H. Assisted living facilities and,
adult foster care homes, and supportive
housing providers shall document all third-party payments
received on behalf of an auxiliary grant recipient, including the source and
amount of the payment and the goods and services for which such payments are to
be used. Documentation related to the third-party payments shall be provided to
the Department upon request.
H. I. Assisted living facilities and,
adult foster care homes, and supportive
housing providers shall provide each auxiliary grant
recipient with a written list of the goods and services that are covered by the
auxiliary grant pursuant to subsection C D,
including a clear statement that the facility,
home, or provider may not charge an auxiliary grant
recipient or the recipient's family additional amounts for goods or services
included on such list.
2. That the Commissioner for Aging and Rehabilitative Services shall promulgate regulations to implement the provisions of this act to be effective within 180 days of its enactment.
3. That the Commissioner for Aging and Rehabilitative Services shall develop guidance documents for implementation of the provisions of this act no later than January 1, 2017. In developing such guidance documents, the Commissioner for Aging and Rehabilitative Services shall provide notice to the public and opportunity for public comment and public participation.
4. That the Department of Behavioral Health and Developmental Services shall develop guidance documents for implementation of the provisions of this act no later than January 1, 2017. In developing such guidance documents related to supportive housing, the Department of Behavioral Health and Developmental Services shall consider how the supportive housing setting can be designed to serve homeless veterans with serious mental illness. The Department of Behavioral Health and Developmental Services shall provide notice to the public and opportunity for public comment and public participation in developing such guidance documents.
5. That the provisions of this act shall not become effective if they conflict with any federal law or regulation or any guidance document provided by the U.S. Social Security Administration.
6. That the Department of Medical Assistance Services shall obtain approval for any required amendments to regulations promulgated by the Department of Medical Assistance Services necessary to implement the provisions of this act from the Centers for Medicare and Medicaid Services and shall promulgate regulations implementing such amendments within 180 days of the enactment of this act. The Department of Medical Assistance Services may implement any policy or plan changes necessary to implement the provisions of this act upon its passage and prior to the promulgation of regulations necessary to implement the provisions of this act.
7. That funds to be expended in accordance with this act shall be limited to the amount appropriated for the auxiliary grant program.