12 Va. Admin. Code § 30-122-10 - Purpose; legal authority; covered services; aggregate cost effectiveness; required individual and provider enrollment; individual costs
A.
1. Supports individuals with developmental
disabilities to live integrated and engaged lives in their
communities;
2. Standardizes and
simplifies access to services;
3.
Sets out and defines services that promote community integration and
engagement; and
4. Improves
provider capacity and quality to render covered services;
B. Legal authority.
1. Selected home and community-based waiver
services shall be available through § 1915(c) waivers of the Social
Security Act (
42 USC §
1396n ). The waivers shall be named (i)
Family and Individual Supports (FIS), (ii) Community Living (CL), and (iii)
Building Independence (BI) and are collectively referred to as the
Developmental Disabilities (DD) Waivers. These waiver services shall be
required, appropriate, and medically necessary to maintain an individual in the
community instead of placement in an institution.
2. The Department of Medical Assistance
Services (DMAS), the single state agency pursuant to 42 CFR 431.10 responsible
for administrative authority over service authorizations, delegates the
processing of service authorizations and daily operations to the Department of
Behavioral Health and Developmental Services in accordance with the interagency
Memorandum of Understanding. DMAS shall be the single state agency authority
pursuant to 42 CFR 431.10 for payment of claims for the services covered in the
DD Waivers and for obtaining federal financial participation from the Centers
for Medicare and Medicaid Services.
C. Covered services. The services covered in
the Developmental Disabilities Waivers shall be:
1. Assistive technology service
(12VAC30-122-270;
2. Benefits
planning service (12VAC30-122-280 );
3. Center-based crisis support service
(12VAC30-122-290 );
4.
Community-based crisis support service (12VAC30-122-300 );
5. Community coaching service
(12VAC30-122-310 );
6. Community
engagement service (12VAC30-122-320 );
7. Community guide service (12VAC30-122-330 -
reserved);
8. Companion service
(12VAC30-122-340 );
9. Crisis
support service (12VAC30-122-350 );
10. Electronic home-based support service
(12VAC30-122-360 );
11.
Environmental modification service (12VAC30-122-370 );
12. Group day service (12VAC30-122-380
);
13. Group home residential
service (12VAC30-122-390 );
14.
Group and individual supported employment service (12VAC30-122-400 );
15. In-home support service (12VAC30-122-410
);
16. Independent living support
service (12VAC30-122-420 );
17.
Individual and family/caregiver training service (12VAC30-122-430 );
18. Employment and Community Transportation
(12VAC30-122-440 );
19. Peer
support service (12VAC30-122-450 );
20. Personal assistance service
(12VAC30-122-460 );
21. Personal
emergency response system service (12VAC30-122-470 );
22. Private duty nursing service
(12VAC30-122-480 );
23. Respite
service (12VAC30-122-490 );
24.
Services facilitation service (12VAC30-122-500 );
25. Shared living support service
(12VAC30-122-510 );
26. Skilled
nursing service (12VAC30-122-520 );
27. Sponsored residential support service
(12VAC30-122-530 );
28. Supported
living residential service (12VAC30-122-540 );
29. Therapeutic consultation service
(12VAC30-122-550 );
30. Transition
service (12VAC30-122-560 ); and
31.
Workplace assistance service (12VAC30-122-570 ).
D. Aggregate cost effectiveness. Federal
waiver requirements, as established in § 1915 of the Social Security Act
and 42 CFR 430.25, provide that the average per capita fiscal year expenditures
in the aggregate under the DD Waivers shall not exceed the average per capita
expenditures in the aggregate for the level of care provided in ICFs/IID, as
defined in 42 CFR 435.1010 and 42 CFR 483.440, under the State Plan for Medical
Assistance that would have been provided had the DD Waivers not been
granted.
E. No waiver services
shall be reimbursed until after both the provider enrollment process and the
individual eligibility determination process have been completed and the
individual is enrolled in a waiver. A determination of individual eligibility
for waiver services shall not determine claim reimbursement. To be considered
for reimbursement, a provider's claims must be for services rendered to
individuals enrolled to receive waiver services.
1. No back-dated payments shall be made for
services that were rendered before the completion of the provider enrollment
and the individual waiver enrollment processes.
2. Individuals who are enrolled in these
waivers who choose to employ their own companions or assistants prior to the
completion of the provider enrollment process shall be responsible for
reimbursing such costs themselves.
3. No back dating of provider enrollment
requirements shall be permitted DMAS will not reimburse for prematurely
incurred costs.
F. With
the exception of costs specified in subsection E of this section that waiver
individuals may elect to incur, no costs for evaluations or assessments that
may be required by either DMAS or DBHDS shall be borne by the
individual.
Notes
Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.
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