{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-347.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-347.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-347.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-347.html"}],"law_id":70261,"edition_id":1,"section_id":70261,"structure_id":13750,"section_number":"32.1-347","catch_line":"Eligibility for Program; duty of the Department of Social Services and local welfare or social services agencies; data required","history":"1989, cc. 657, 746; 1992, c. 104; 1994, c. 297; 1996, cc. 782, 792.","full_text":"A\n\nThe Board of Medical Assistance Services shall promulgate regulations to establish uniform eligibility criteria by defining those persons who will qualify for payment for medical care under the Program. Such criteria shall include, but not be limited to, the following:1\n\nTo be eligible, a person shall have net countable income, determined in accordance with the Board of Medical Assistance Services’ regulations, equal to or less than 100 percent of the federal nonfarm poverty level as published for the then current year in the Code of Federal Regulations, except that localities which in fiscal year 1989 used an income level higher than 100 percent of the federal nonfarm poverty level may continue to use the same income level; and2\n\nTo be eligible, a person shall have net countable resources, determined in accordance with the Board of Medical Assistance Services’ regulations, equal to or less than the then current resource standards of the federal Supplemental Security Income Program.\n\t\t\t\tFurther, as a condition of eligibility, the Department of Medical Assistance Services shall require all legally competent applicants and recipients to assign to the Commonwealth any and all rights to third party benefits, whether contractual or otherwise, including medical support or payments, to which the applicants and recipients may be entitled. All applicants and recipients shall also agree to cooperate with the Department in obtaining such third party benefits. Such an assignment shall not preclude a court from apportioning sums which would be subject to the provisions of § 8.01-66.9.B\n\nEligibility under this Program shall be determined by the Department of Social Services through the local boards of welfare or social services upon application for assistance under this program from residents of such localities. The eligibility criteria established by the Board pursuant to this section shall be used in processing all such applications. The local departments of welfare or social services shall certify to the applicant and Department of Medical Assistance Services within thirty days of receipt of each application whether the person applying meets such criteria.C\n\nAdministrative appeal of adverse eligibility decisions shall be conducted by the Department using the procedures applicable to applicants for Medicaid benefits under the State Plan for Medical Assistance pursuant to Chapter 10 (§ 32.1-323 et seq.) of this title.D\n\nThe State\/Local Hospitalization Program shall be established in the books of the Comptroller so as to segregate the amounts appropriated and the amounts contributed thereto by the localities. No portion of the State\/Local Hospitalization Program shall be used for a purpose other than that described in this chapter. Any state funds remaining at the end of the fiscal year shall not revert to the general fund but shall remain in the State\/Local Hospitalization Program to be used as an offset to the calculated local share for the following year. Any local share money remaining at the end of the fiscal year or the biennium shall remain in the locality’s account under the State\/Local Hospitalization Program to be used by the Department as an offset to the calculated local share for the following year.","order_by":null,"text":{"0":{"id":253698,"text":"The Board of Medical Assistance Services shall promulgate regulations to establish uniform eligibility criteria by defining those persons who will qualify for payment for medical care under the Program. Such criteria shall include, but not be limited to, the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":253699,"text":"To be eligible, a person shall have net countable income, determined in accordance with the Board of Medical Assistance Services’ regulations, equal to or less than 100 percent of the federal nonfarm poverty level as published for the then current year in the Code of Federal Regulations, except that localities which in fiscal year 1989 used an income level higher than 100 percent of the federal nonfarm poverty level may continue to use the same income level; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":253700,"text":"To be eligible, a person shall have net countable resources, determined in accordance with the Board of Medical Assistance Services’ regulations, equal to or less than the then current resource standards of the federal Supplemental Security Income Program.\n\t\t\t\tFurther, as a condition of eligibility, the Department of Medical Assistance Services shall require all legally competent applicants and recipients to assign to the Commonwealth any and all rights to third party benefits, whether contractual or otherwise, including medical support or payments, to which the applicants and recipients may be entitled. All applicants and recipients shall also agree to cooperate with the Department in obtaining such third party benefits. Such an assignment shall not preclude a court from apportioning sums which would be subject to the provisions of § 8.01-66.9.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":253701,"text":"Eligibility under this Program shall be determined by the Department of Social Services through the local boards of welfare or social services upon application for assistance under this program from residents of such localities. The eligibility criteria established by the Board pursuant to this section shall be used in processing all such applications. The local departments of welfare or social services shall certify to the applicant and Department of Medical Assistance Services within thirty days of receipt of each application whether the person applying meets such criteria.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":253702,"text":"Administrative appeal of adverse eligibility decisions shall be conducted by the Department using the procedures applicable to applicants for Medicaid benefits under the State Plan for Medical Assistance pursuant to Chapter 10 (§ 32.1-323 et seq.) of this title.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":253703,"text":"The State\/Local Hospitalization Program shall be established in the books of the Comptroller so as to segregate the amounts appropriated and the amounts contributed thereto by the localities. No portion of the State\/Local Hospitalization Program shall be used for a purpose other than that described in this chapter. Any state funds remaining at the end of the fiscal year shall not revert to the general fund but shall remain in the State\/Local Hospitalization Program to be used as an offset to the calculated local share for the following year. Any local share money remaining at the end of the fiscal year or the biennium shall remain in the locality’s account under the State\/Local Hospitalization Program to be used by the Department as an offset to the calculated local share for the following year.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13750,"edition_id":1,"name":"State\/Local Hospitalization Program","identifier":"12","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:46","date_modified":"2026-06-26 03:45:46","permalink":{"id":201573,"object_type":"structure","relational_id":13750,"identifier":"12","token":"32.1\/12","url":"\/32.1\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84264,"structure_id":13750,"section_number":"32.1-343","catch_line":"Definitions","url":"\/32.1-343\/","token":"32.1\/12\/32.1-343","metadata":false},{"id":83242,"structure_id":13750,"section_number":"32.1-344","catch_line":"State\/Local Hospitalization Program","url":"\/32.1-344\/","token":"32.1\/12\/32.1-344","metadata":false},{"id":58295,"structure_id":13750,"section_number":"32.1-345","catch_line":"Counties and cities required to participate; allocation and payment of funds to and payments by counties and cities","url":"\/32.1-345\/","token":"32.1\/12\/32.1-345","metadata":false},{"id":74862,"structure_id":13750,"section_number":"32.1-346","catch_line":"Director to establish standards; reimbursement of services","url":"\/32.1-346\/","token":"32.1\/12\/32.1-346","metadata":false},{"id":70261,"structure_id":13750,"section_number":"32.1-347","catch_line":"Eligibility for Program; duty of the Department of Social Services and local welfare or social services agencies; data required","url":"\/32.1-347\/","token":"32.1\/12\/32.1-347","metadata":false},{"id":54752,"structure_id":13750,"section_number":"32.1-348","catch_line":"Applicability of chapter","url":"\/32.1-348\/","token":"32.1\/12\/32.1-348","metadata":false},{"id":58809,"structure_id":13750,"section_number":"32.1-349","catch_line":"Liability for excess payments","url":"\/32.1-349\/","token":"32.1\/12\/32.1-349","metadata":false},{"id":58686,"structure_id":13750,"section_number":"32.1-350","catch_line":"Fraudulently obtaining benefits; criminal penalty","url":"\/32.1-350\/","token":"32.1\/12\/32.1-350","metadata":false}],"previous_section":{"id":74862,"structure_id":13750,"section_number":"32.1-346","catch_line":"Director to establish standards; reimbursement of services","url":"\/32.1-346\/","token":"32.1\/12\/32.1-346","metadata":false},"next_section":{"id":54752,"structure_id":13750,"section_number":"32.1-348","catch_line":"Applicability of chapter","url":"\/32.1-348\/","token":"32.1\/12\/32.1-348","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-347\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapters 657 and 746 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 104; in 1994, chapter 297<\/a>; in 1996, chapters 782<\/a> and 792<\/a>.<\/p>","references":false,"refers_to":[{"id":75748,"section_number":"32.1-323","catch_line":"Department of Medical Assistance Services","order_by":null,"url":"\/32.1-323\/"}],"permalink":{"id":201591,"object_type":"law","relational_id":70261,"identifier":"32.1-347","token":"32.1\/12\/32.1-347","url":"\/32.1-347\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-347\/","token":"32.1\/12\/32.1-347","dublin_core":{"Title":"Eligibility for Program; duty of the Department of Social Services and local welfare or social services agencies; data required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-347","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> of Medical Assistance Services shall promulgate regulations to establish uniform eligibility criteria by defining those persons<\/span> who will qualify for payment for medical care under the Program. Such criteria shall include, but not be limited to, the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To be eligible, a person<\/span> shall have net countable income, determined in accordance with the Board<\/span> of Medical Assistance Services’ regulations, equal to or less than 100 percent of the federal nonfarm poverty level as published for the then current year in the Code of Federal Regulations, except that localities which in fiscal year 1989 used an income level higher than 100 percent of the federal nonfarm poverty level may continue to use the same income level; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To be eligible, a person<\/span> shall have net countable resources, determined in accordance with the Board<\/span> of Medical Assistance Services’ regulations, equal to or less than the then current resource standards of the federal Supplemental Security Income Program.\n\t\t\t\tFurther, as a condition of eligibility, the Department<\/span> of Medical Assistance Services shall require all legally competent applicants and recipients to assign to the Commonwealth any and all rights to third party<\/span> benefits, whether contractual or otherwise, including medical support or payments, to which the applicants and recipients may be entitled. All applicants and recipients shall also agree to cooperate with the Department<\/span> in obtaining such third party<\/span> benefits. Such an assignment shall not preclude a court<\/span> from apportioning sums which would be subject to the provisions of § 8.01-66.9<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Eligibility under this Program shall be determined by the Department<\/span> of Social Services through the local boards<\/span> of welfare or social services upon application for assistance under this program from residents of such localities. The eligibility criteria established by the Board<\/span> pursuant to this section shall be used in processing all such applications. The local departments<\/span> of welfare or social services shall certify to the applicant and Department<\/span> of Medical Assistance Services within thirty days of receipt of each application whether the person<\/span> applying meets such criteria. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Administrative appeal<\/span> of adverse eligibility decisions shall be conducted by the Department<\/span> using the procedures applicable to applicants for Medicaid benefits under the State Plan for Medical Assistance pursuant to Chapter 10 (§ 32.1-323<\/a> et seq.) of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The State\/Local Hospitalization Program shall be established in the books of the Comptroller so as to segregate the amounts appropriated and the amounts contributed thereto by the localities. No portion of the State\/Local Hospitalization Program shall be used for a purpose other than that described in this chapter. Any state funds remaining at the end of the fiscal year shall not revert to the general fund but shall remain in the State\/Local Hospitalization Program to be used as an offset to the calculated local share for the following year. Any local share money remaining at the end of the fiscal year or the biennium shall remain in the locality’s account under the State\/Local Hospitalization Program to be used by the Department<\/span> as an offset to the calculated local share for the following year. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nELIGIBILITY FOR PROGRAM; DUTY OF THE DEPARTMENT OF SOCIAL SERVICES AND LOCAL\nWELFARE OR SOCIAL SERVICES AGENCIES; DATA REQUIRED (\u00a7 32.1-347)\n\nA. The Board of Medical Assistance Services shall promulgate regulations to\nestablish uniform eligibility criteria by defining those persons who will\nqualify for payment for medical care under the Program. Such criteria shall\ninclude, but not be limited to, the following:\n\n 1. To be eligible, a person shall have net countable income, determined in\n accordance with the Board of Medical Assistance Services’ regulations,\n equal to or less than 100 percent of the federal nonfarm poverty level as\n published for the then current year in the Code of Federal Regulations, except\n that localities which in fiscal year 1989 used an income level higher than 100\n percent of the federal nonfarm poverty level may continue to use the same\n income level; and\n\n 2. To be eligible, a person shall have net countable resources, determined in\n accordance with the Board of Medical Assistance Services’ regulations,\n equal to or less than the then current resource standards of the federal\n Supplemental Security Income Program.\n \t\t\t\tFurther, as a condition of eligibility, the Department of Medical\n Assistance Services shall require all legally competent applicants and\n recipients to assign to the Commonwealth any and all rights to third party\n benefits, whether contractual or otherwise, including medical support or\n payments, to which the applicants and recipients may be entitled. All\n applicants and recipients shall also agree to cooperate with the Department in\n obtaining such third party benefits. Such an assignment shall not preclude a\n court from apportioning sums which would be subject to the provisions of\n § 8.01-66.9.\n\nB. Eligibility under this Program shall be determined by the Department of\nSocial Services through the local boards of welfare or social services upon\napplication for assistance under this program from residents of such localities.\nThe eligibility criteria established by the Board pursuant to this section shall\nbe used in processing all such applications. The local departments of welfare or\nsocial services shall certify to the applicant and Department of Medical\nAssistance Services within thirty days of receipt of each application whether\nthe person applying meets such criteria.\n\nC. Administrative appeal of adverse eligibility decisions shall be conducted by\nthe Department using the procedures applicable to applicants for Medicaid\nbenefits under the State Plan for Medical Assistance pursuant to Chapter 10\n(§ 32.1-323 et seq.) of this title.\n\nD. The State\/Local Hospitalization Program shall be established in the books of\nthe Comptroller so as to segregate the amounts appropriated and the amounts\ncontributed thereto by the localities. No portion of the State\/Local\nHospitalization Program shall be used for a purpose other than that described in\nthis chapter. Any state funds remaining at the end of the fiscal year shall not\nrevert to the general fund but shall remain in the State\/Local Hospitalization\nProgram to be used as an offset to the calculated local share for the following\nyear. Any local share money remaining at the end of the fiscal year or the\nbiennium shall remain in the locality’s account under the State\/Local\nHospitalization Program to be used by the Department as an offset to the\ncalculated local share for the following year.\n\nHISTORY: 1989, cc. 657, 746; 1992, c. 104; 1994, c. 297; 1996, cc. 782, 792.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}