Virginia Regulatory Town Hall
secretary
Health and Human Resources
Agency
Department of Behavioral Health and Developmental Services
Board
State Board of Behavioral Health and Developmental Services
Mandate 1272

Mandate Information
Mandate Title:
Operation of the Individual and Family Support Program
Purpose of legislation
The Department of Behavioral Health and Developmental Services (DBDHS) was directed by the 2022 General Assembly within Item 313.NN. of the 2022 Appropriation Act (Chapter 2, 2022 Special Session 1 Acts of Assembly) to utilize emergency authority to promulgate regulations that change the current distribution of annual Individual and Family Support Program (IFSP) funds from a ‘first-come-first-served’ basis to one based on program categories and set criteria. Specifically, DBHDS is authorized to create an annual public input process that shall include a survey of needs and satisfaction in order to establish plans for the disbursement of IFSP funding in consultation with the IFSP State Council. Based on the Council's recommendation and information gathered during the public input period, the department will draft program guidelines to establish annual funding priorities. The department will establish program criteria for each of the required program categories and publish them as part of annual IFSP guidelines developed collaboratively by the department and the department’s IFSP State Council. Additionally, program guidelines shall establish eligibility criteria, the award process, appeals processes, and any other protocols necessary for ensuring the effective use of state funds. All criteria will be published prior to opening the funding opportunity. The goal of this regulatory action is to facilitate compliance with the U. S. Department of Justice’s Settlement Agreement with Virginia (United States of America v. Commonwealth of Virginia, Civil Action No. 3:12cv059-JAG) (https://dbhds.virginia.gov/doj-settlement-agreement/).
Legislation mandating a change
Budget item mandating a change Item 313 (2022)
VAC chapters to be amended
12 vac 35 - 230 : Operation of the Individual and Family Support Program
Associated Regulatory Actions
Action 5999: Amendments to establish criteria and annual funding priorities through the Annual Funding Program Guidelines and ensure public input.
Latest Stage: Proposed
Deadline for the regulation to become effective 3/28/2023
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