2006 Code of Virginia § 63.2-800 - Auxiliary grants program; administration of program

63.2-800. Auxiliary grants program; administration of program.

A. The Board is authorized to prepare and implement, effective with repeal ofTitles I, X, and XIV of the Social Security Act, a plan for a state and localfunded auxiliary grants program to provide assistance to certain individualsineligible for benefits under Title XVI of the Social Security Act, asamended, and to certain other individuals for whom benefits provided underTitle XVI of the Social Security Act, as amended, are not sufficient tomaintain the minimum standards of need established by the Board. The planshall be in effect in all political subdivisions in the Commonwealth andshall be administered in conformity with Board regulations.

Nothing herein is to be construed to affect any such section as it relates toTemporary Assistance for Needy Families, general relief or services topersons eligible for assistance under Public Law 92-603 enacted by theNinety-second United States Congress.

B. Those individuals who receive an auxiliary grant and who reside inlicensed assisted living facilities or adult foster care homes shall beentitled to a personal needs allowance when computing the amount of theauxiliary grant. The amount of such personal needs allowance shall be setforth in the appropriation act.

C. The Board shall adopt regulations for the administration of the auxiliarygrants program that shall include requirements for the Department to use inestablishing auxiliary grant rates for licensed assisted living facilitiesand adult foster care homes. At a minimum these requirements shall address(i) the process for the facilities and homes to use in reporting their costs,including allowable costs and resident charges, the time period for reportingcosts, forms to be used, financial reviews and audits of reported costs; (ii)the process to be used in calculating the auxiliary grant rates for thefacilities and homes; and (iii) the services to be provided to the auxiliarygrant recipient and paid for by the auxiliary grant and not charged to therecipient's personal needs allowance.

D. In order to receive an auxiliary grant while residing in an assistedliving facility, an individual shall have been evaluated by a case manager orother qualified assessor to determine his need for residential living care.An individual may be admitted to an assisted living facility pendingevaluation and assessment as allowed by Board regulations, but in no eventshall any public agency incur a financial obligation if the individual isdetermined ineligible for an auxiliary grant. For purposes of this section,"case manager" means an employee of a human services agency who isqualified and designated to develop and coordinate plans of care. The Boardshall adopt regulations to implement the provisions of this subsection.

(1973, c. 264, 63.1-25.1; 1974, cc. 44, 45; 1981, c. 21; 1985, c. 229;1991, c. 532; 1993, cc. 957, 993; 1995, c. 649; 2002, c. 747.)