Virginia Administrative Code
Title 22 - SOCIAL SERVICES
Agency 40 - DEPARTMENT OF SOCIAL SERVICES
Chapter 771 - ADULT SERVICES APPROVED PROVIDERS
Section 22VAC40-771-30 - Standards for providers and other persons
Universal Citation: 2 VA Admin Code 40-771-30
Current through Register Vol. 41, No. 3, September 23, 2024
A. Age requirements include:
1. All local department-approved adult
services homemaker providers shall be at least 18 years of age.
2. All local department-approved adult
services chore and companion providers shall be at least 16 years of age. If
the local department chooses to approve a chore or companion provider who is at
least 16 years of age but less than 18 years of age, the local department must
determine that the provider is competent and able to provide the
service.
3. Any assistant to a
local department-approved in-home provider for adult services shall be at least
16 years of age.
B. Criminal record background checks and additional requirements include:
1. The provider and any assistant, the spouse
of the provider, or other adult household members who come in contact with
adults in care shall identify any criminal convictions and consent to a
criminal record search. A new criminal record background check shall be
required at the time of renewal.
2.
Convictions of crimes listed in § 63.2-1719 of the Code of Virginia shall
prohibit a provider, the assistant, spouse of the provider, or other adult
household members who come in contact with adults in care to receive approval
as a provider. In addition, if the provider or, for adult foster care and adult
day services, the assistant, spouse of the provider, or other adult household
members who come in contact with adults in care, has been convicted of any
other felony or misdemeanor that, in the judgment of the local department
jeopardizes the safety or proper care of adults, the provider shall be
prohibited from being approved as a provider of services to adults.
3. Conviction of a crime listed in §
63.2-1719 of the Code of Virginia will result in the revocation of the
provider's approval unless an allowable variance is granted by the local
department.
4. When the provider
and any assistant, and for adult foster care, spouse of the provider, or other
adult household members who come in contact with adults in care, has been
convicted of a felony or misdemeanor not listed in § 63.2-1719 of the Code
of Virginia, the local department may approve the provider if the local
department determines that the conviction does not jeopardize the safety or
proper care of the adult.
C. Interview, references, and employment history requirements include:
1. The provider
shall participate in interviews with the local department.
2. The provider shall provide at least two
references from persons who have knowledge of the provider's ability, skill, or
experience in the provision of services and who shall not be related to the
provider.
3. The provider shall
provide information on the provider's employment history.
4. The local department shall use the
interviews, references, and employment history to assess that the provider is:
a. Knowledgeable of and physically and
mentally capable of providing the necessary care for adults;
b. Able to sustain positive and constructive
relationships with adults in care, and to relate to adults with respect,
courtesy, and understanding;
c.
Capable of handling emergencies with dependability and good judgment;
and
d. Able to communicate and
follow instructions sufficiently to ensure adequate care, safety and protection
for adults.
5. For adult
foster care and adult day services, at least one interview shall occur in the
home where the care is to be provided. All adult household members shall be
interviewed to ensure that they understand the demands and expectations of the
care to be provided.
6. For
homemaker providers, the local department shall further use the interview,
references, and employment history to assess that the provider has knowledge,
skills, and ability, as appropriate, in:
a.
Home management and household maintenance;
b. The types of personal care of the elderly
or adults with a disability permitted by regulation;
c. Nutrition education and meal planning and
preparation, including special diets; and
d. Personal hygiene and consumer
education.
7. For adult
foster care providers, the local department shall further use the interview,
references, and employment history to assess that the provider has sufficient
financial income or resources to meet the basic needs of his own family and has
the knowledge, skills, and abilities to care for adults, including, but not
limited to:
a. Provision of a furnished room
in the home that meets applicable zoning, building, and fire safety
codes.
b. Housekeeping services
based on the needs of the adult in care.
c. Nutritionally balanced meals and snacks,
including extra portions and special diets as necessary.
d. Provision of clean bed linens and towels
at least once a week and as needed by the adult.
e. Assistance with personal hygiene including
bathing, dressing, oral hygiene, hair grooming and shampooing, care of
clothing, shaving, care of toenails and fingernails, arranging for haircuts as
needed, care of needs associated with menstruation or occasional bladder or
bowel incontinence.
f. Provision of
generic personal toiletries including soap and toilet paper.
g. Assistance with the following: care of
personal possessions, care of personal funds if requested by the adult and
adult foster care home's policy permits it, use of telephone, arranging
transportation, obtaining necessary personal items and clothing, making and
keeping appointments, and correspondence.
h. Securing health care and transportation
when needed for medical treatment.
i. Providing social and recreational
activities as required by the local department and consistent with licensing
regulations.
j. General supervision
for safety.
D. Training requirements include:
1. The local department shall provide basic
orientation to any approved provider.
2. The provider shall attend any orientation
and training required by the local department. The provider shall bear the cost
of any required training unless the local department subsidizes the cost for
all local department-approved providers.
E. Medical requirements include:
1. The provider; for out-of-home care, the
assistant; the provider's spouse; and all other adult household members who
come in contact with adults in care shall submit a statement from the local
health department or licensed physician that he is believed to be free of
tuberculosis in a communicable form.
2. The provider and assistant shall submit
the results of a physical and mental health examination when requested by the
local department.
F. All local department-approved providers shall keep the local department informed of changes in the household that may affect approval of the provider.
G. The provider shall have the capability to fully perform the requirements of the position, have the moral and business integrity and reliability to ensure good faith performance and be determined by the local department to meet the requirements of the position.
H. Any provider who causes the local department to make an improper payment by withholding information or providing false information may be required to repay the amount of the improper payment. Failure to repay any improper payment shall result in a referral for criminal or civil prosecution.
Statutory Authority
§§ 63.2-217, 63.2-1600, 63.2-1601, and 63.2-1601.1 of the Code of Virginia.
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