||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.