SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2023 SESSION
23104050DBe 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 in Article 9 of Chapter 14 of Title 51.5 a section numbered 51.5-160.1 as follows:
§ 51.5-160. Auxiliary grants program; administration of program.
A. As used in this section:
"Independent community living" means a housing setting in which an individual lives and receives necessary community-based services to assist with activities of daily living, including instrumental activities of daily living, in the least restrictive and most integrated setting practicable in accordance with regulations adopted pursuant to 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 or independent community living. 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.
"Supportive housing" means a residential setting with access to supportive services for an auxiliary grant recipient in which tenancy as described in subsection B of § 37.2-421.1 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 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, 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, or independent community living.
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.
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.
D. The Commissioner shall adopt regulations for the
administration of the auxiliary grants program that shall include the
establishment of auxiliary grant rates for adult foster care homes and licensed
assisted living facilities. Such regulations shall also include (i) the process
for reporting and certification; (ii) 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
(iii) 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; and (iv) for auxiliary
grant recipients who reside in independent
community living, the process for ensuring that the recipient is residing
in a safe setting and is receiving necessary
community-based services in accordance with the
recipient's individualized service plan and that such services are
provided in accordance with other applicable programs.
E. In order to receive an auxiliary grant while residing in
supportive housing or, an assisted living facility, or independent community living,
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, or whenever
there is a change in the individual's condition that appears to warrant a
change in the resident's approved level of care. An individual may select,
subject to availability, supportive housing or, an assisted living facility, or independent community living
pending evaluation and assessment or as allowed by regulations of the
Commissioner. 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.
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.
G. Assisted living facilities, 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, 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 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, adult foster care home, or supportive housing provider as a condition of participation in the auxiliary grant program pursuant to subsection D.
H. Assisted living facilities, 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.
I. Assisted living facilities, 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 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.
J. The provisions of this section related to independent community living shall apply only to the extent such provisions are permissible under federal law and regulations and any guidance document provided by the U.S. Social Security Administration.
§ 51.5-160.1. Independent community living.
To the extent permissible under federal law and regulations and any guidance document provided by the U.S. Social Security Administration, each local board of social services shall provide for the delivery of services to auxiliary grant recipients in independent community living in accordance with § 51.5-160 and regulations promulgated pursuant thereto. Local boards of social services shall develop processes to (i) identify auxiliary grant recipients who are appropriate candidates for independent community living; (ii) establish and monitor individualized service plans for auxiliary grant recipients in independent community living; (iii) ensure auxiliary grant recipients in independent community living are provided assistance with accessing available community-based services; and (iv) review, on an ongoing basis, the level of care needs of each auxiliary grant recipient in independent community living.
2. That the provisions of the first enactment shall become effective on January 1, 2024.
3. That the Commissioner for Aging and Rehabilitative Services shall promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment.
4. That the Department of Medical Assistance Services (the Department) shall, if deemed necessary by the Department, amend the state plan for medical assistance services under Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.) and any waivers thereof to implement the provisions of this act. The Department shall have authority to implement such changes upon approval by the Centers for Medicare and Medicaid Services, regardless of whether any necessary regulatory changes are complete.
5. That auxiliary grants shall not be granted to more than 200 recipients in independent community living.