{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.5-160.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.5-160.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.5-160.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.5-160.html"}],"law_id":54045,"edition_id":1,"section_id":54045,"structure_id":12946,"section_number":"51.5-160","catch_line":"Auxiliary grants program; administration of program","history":"1973, c. 264, \u00a7 63.1-25.1; 1974, cc. 44, 45; 1981, c. 21; 1985, c. 229; 1991, c. 532; 1993, cc. 957, 993; 1995, c. 649; 2002, c. 747, \u00a7 63.2-800; 2012, cc. 128, 387, 803, 835; 2016, cc. 567, 636; 2019, cc. 657, 658.","full_text":"A\n\nAs used in this section:\n\t\t\t“Qualified assessor” means an individual who is authorized to perform an assessment, reassessment, or change in level of care for an applicant to or resident of supportive housing or an assisted living facility. For public pay individuals, a “qualified assessor” is an employee of a public human services agency trained in the completion of the uniform assessment instrument. For individuals receiving services from a community services board or behavioral health authority, a “qualified assessor” is an employee or designee of the community services board or behavioral health authority.\n\t\t\t“Supportive housing” means a residential setting with access to supportive services for an auxiliary grant recipient in which tenancy as described in subsection B of § 37.2-421.1 is provided or facilitated by a provider licensed to provide mental health community support services, intensive community treatment, programs of assertive community treatment, supportive in-home services, or supervised living residential services that has entered into an agreement with the Department of Behavioral Health and Developmental Services pursuant to § 37.2-421.1.B\n\nThe Commissioner is authorized to prepare and implement, effective with repeal of Titles I, X, and XIV of the Social Security Act, a plan for a state and local funded auxiliary grants program to provide assistance to certain individuals who (i) are ineligible for benefits under Title XVI of the Social Security Act, as amended, or for whom benefits provided under Title XVI of the Social Security Act, as amended, are not sufficient to maintain the minimum standards of need established by regulations promulgated by the Commissioner and (ii) reside in supportive housing, an assisted living facility licensed by the Department of Social Services pursuant to Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2, or an adult foster care home approved by a local board of social services pursuant to § 63.2-1601. The plan shall be in effect in all political subdivisions in the Commonwealth and shall be administered in conformity with regulations of the Commissioner.\n\t\t\tNothing herein is to be construed to affect any such section as it relates to Temporary Assistance for Needy Families, general relief, or services to persons eligible for assistance under P.L. 92-603.C\n\nAuxiliary grant recipients shall be entitled to a personal needs allowance when computing the amount of the auxiliary grant. The amount of such personal needs allowance shall be set forth in the appropriation act.D\n\nThe Commissioner shall adopt regulations for the administration of the auxiliary grants program that shall include the establishment of auxiliary grant rates for adult foster care homes and licensed assisted living facilities. Such regulations shall also include (i) the process for reporting and certification; (ii) the services to be provided to the auxiliary grant recipient and paid for by the auxiliary grant and not charged to the recipient’s personal needs allowance; and (iii) the process for supportive housing providers, assisted living facilities, and adult foster care homes to report and certify maintenance of the personal needs allowance and compliance with regulations for administration of the auxiliary grants program.E\n\nIn order to receive an auxiliary grant while residing in supportive housing or an assisted living facility, an individual shall have been evaluated by a case manager or other qualified assessor using the uniform assessment instrument to determine his need for residential living care upon admission and annually thereafter, or whenever there is a change in the individual’s condition that appears to warrant a change in the resident’s approved level of care. An individual may select, subject to availability, supportive housing or an assisted living facility pending evaluation and assessment or as allowed by regulations of the Commissioner. In no event shall any public agency incur a financial obligation if the individual is determined ineligible for an auxiliary grant.\n\t\t\tThe Commissioner shall adopt regulations to implement the provisions of this subsection.F\n\nProvisions of Chapter 5 (§ 63.2-500 et seq.) of Title 63.2, relating to the administration of public assistance programs, shall govern operations of the auxiliary grant program established pursuant to this section.G\n\nAssisted living facilities, adult foster care homes, and supportive housing providers providing services to auxiliary grant recipients may accept payments made by third parties for services provided to an auxiliary grant recipient, and the Department shall not include such payments as income for the purpose of determining eligibility for or calculating the amount of an auxiliary grant, provided that the payment is made:1\n\nDirectly to the assisted living facility, adult foster care home, or supportive housing provider by the third party on behalf of the auxiliary grant recipient;2\n\nVoluntarily by the third party, and not in satisfaction of a condition of admission, stay, or provision of proper care and services to the auxiliary grant recipient, unless the auxiliary grant recipient’s physical needs exceed the services required to be provided by the assisted living facility or supportive housing provider as a condition of participation in the auxiliary grant program pursuant to subsection D; and3\n\nFor specific goods and services provided to the auxiliary grant recipient other than food, shelter, or specific goods or services required to be provided by the assisted living facility, adult foster care home, or supportive housing provider as a condition of participation in the auxiliary grant program pursuant to subsection D.H\n\nAssisted living facilities, adult foster care homes, and supportive housing providers shall document all third-party payments received on behalf of an auxiliary grant recipient, including the source and amount of the payment and the goods and services for which such payments are to be used. Documentation related to the third-party payments shall be provided to the Department upon request.I\n\nAssisted living facilities, adult foster care homes, and supportive housing providers shall provide each auxiliary grant recipient with a written list of the goods and services that are covered by the auxiliary grant pursuant to subsection D, including a clear statement that the facility, home, or provider may not charge an auxiliary grant recipient or the recipient’s family additional amounts for goods or services included on such list.","order_by":null,"text":{"0":{"id":198387,"text":"As used in this section:\n\t\t\t“Qualified assessor” means an individual who is authorized to perform an assessment, reassessment, or change in level of care for an applicant to or resident of supportive housing or an assisted living facility. For public pay individuals, a “qualified assessor” is an employee of a public human services agency trained in the completion of the uniform assessment instrument. For individuals receiving services from a community services board or behavioral health authority, a “qualified assessor” is an employee or designee of the community services board or behavioral health authority.\n\t\t\t“Supportive housing” means a residential setting with access to supportive services for an auxiliary grant recipient in which tenancy as described in subsection B of § 37.2-421.1 is provided or facilitated by a provider licensed to provide mental health community support services, intensive community treatment, programs of assertive community treatment, supportive in-home services, or supervised living residential services that has entered into an agreement with the Department of Behavioral Health and Developmental Services pursuant to § 37.2-421.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":198388,"text":"The Commissioner is authorized to prepare and implement, effective with repeal of Titles I, X, and XIV of the Social Security Act, a plan for a state and local funded auxiliary grants program to provide assistance to certain individuals who (i) are ineligible for benefits under Title XVI of the Social Security Act, as amended, or for whom benefits provided under Title XVI of the Social Security Act, as amended, are not sufficient to maintain the minimum standards of need established by regulations promulgated by the Commissioner and (ii) reside in supportive housing, an assisted living facility licensed by the Department of Social Services pursuant to Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2, or an adult foster care home approved by a local board of social services pursuant to § 63.2-1601. The plan shall be in effect in all political subdivisions in the Commonwealth and shall be administered in conformity with regulations of the Commissioner.\n\t\t\tNothing herein is to be construed to affect any such section as it relates to Temporary Assistance for Needy Families, general relief, or services to persons eligible for assistance under P.L. 92-603.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":198389,"text":"Auxiliary grant recipients shall be entitled to a personal needs allowance when computing the amount of the auxiliary grant. The amount of such personal needs allowance shall be set forth in the appropriation act.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":198390,"text":"The Commissioner shall adopt regulations for the administration of the auxiliary grants program that shall include the establishment of auxiliary grant rates for adult foster care homes and licensed assisted living facilities. Such regulations shall also include (i) the process for reporting and certification; (ii) the services to be provided to the auxiliary grant recipient and paid for by the auxiliary grant and not charged to the recipient’s personal needs allowance; and (iii) the process for supportive housing providers, assisted living facilities, and adult foster care homes to report and certify maintenance of the personal needs allowance and compliance with regulations for administration of the auxiliary grants program.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":198391,"text":"In order to receive an auxiliary grant while residing in supportive housing or an assisted living facility, an individual shall have been evaluated by a case manager or other qualified assessor using the uniform assessment instrument to determine his need for residential living care upon admission and annually thereafter, or whenever there is a change in the individual’s condition that appears to warrant a change in the resident’s approved level of care. An individual may select, subject to availability, supportive housing or an assisted living facility pending evaluation and assessment or as allowed by regulations of the Commissioner. In no event shall any public agency incur a financial obligation if the individual is determined ineligible for an auxiliary grant.\n\t\t\tThe Commissioner shall adopt regulations to implement the provisions of this subsection.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":198392,"text":"Provisions of Chapter 5 (§ 63.2-500 et seq.) of Title 63.2, relating to the administration of public assistance programs, shall govern operations of the auxiliary grant program established pursuant to this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":198393,"text":"Assisted living facilities, adult foster care homes, and supportive housing providers providing services to auxiliary grant recipients may accept payments made by third parties for services provided to an auxiliary grant recipient, and the Department shall not include such payments as income for the purpose of determining eligibility for or calculating the amount of an auxiliary grant, provided that the payment is made:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"7":{"id":198394,"text":"Directly to the assisted living facility, adult foster care home, or supportive housing provider by the third party on behalf of the auxiliary grant recipient;","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"8":{"id":198395,"text":"Voluntarily by the third party, and not in satisfaction of a condition of admission, stay, or provision of proper care and services to the auxiliary grant recipient, unless the auxiliary grant recipient’s physical needs exceed the services required to be provided by the assisted living facility or supportive housing provider as a condition of participation in the auxiliary grant program pursuant to subsection D; and","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"G3"},"9":{"id":198396,"text":"For specific goods and services provided to the auxiliary grant recipient other than food, shelter, or specific goods or services required to be provided by the assisted living facility, adult foster care home, or supportive housing provider as a condition of participation in the auxiliary grant program pursuant to subsection D.","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2","next_prefix":"H"},"10":{"id":198397,"text":"Assisted living facilities, adult foster care homes, and supportive housing providers shall document all third-party payments received on behalf of an auxiliary grant recipient, including the source and amount of the payment and the goods and services for which such payments are to be used. Documentation related to the third-party payments shall be provided to the Department upon request.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G3","next_prefix":"I"},"11":{"id":198398,"text":"Assisted living facilities, adult foster care homes, and supportive housing providers shall provide each auxiliary grant recipient with a written list of the goods and services that are covered by the auxiliary grant pursuant to subsection D, including a clear statement that the facility, home, or provider may not charge an auxiliary grant recipient or the recipient’s family additional amounts for goods or services included on such list.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":12946,"edition_id":1,"name":"Auxiliary Grants","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":12945,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":236977,"object_type":"structure","relational_id":12946,"identifier":"9","token":"51.5\/14\/9","url":"\/51.5\/14\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12945,"edition_id":1,"name":"Department for Aging and Rehabilitative Services","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12761,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":236679,"object_type":"structure","relational_id":12945,"identifier":"14","token":"51.5\/14","url":"\/51.5\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12761,"edition_id":1,"name":"Persons With Disabilities","identifier":"51.5","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":236393,"object_type":"structure","relational_id":12761,"identifier":"51.5","token":"51.5","url":"\/51.5\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63327,"structure_id":12946,"section_number":"51.5-159","catch_line":"Definitions","url":"\/51.5-159\/","token":"51.5\/14\/9\/51.5-159","metadata":false},{"id":54045,"structure_id":12946,"section_number":"51.5-160","catch_line":"Auxiliary grants program; administration of program","url":"\/51.5-160\/","token":"51.5\/14\/9\/51.5-160","metadata":false}],"previous_section":{"id":63327,"structure_id":12946,"section_number":"51.5-159","catch_line":"Definitions","url":"\/51.5-159\/","token":"51.5\/14\/9\/51.5-159","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.5-160\/","history_text":"

This law was first created in 1973. The record of its establishment is cataloged in chapter 264 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 1973 \u201cActs\u201d aren\u2019t available online. It has been modified 10 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 1974, chapters 44 and 45; in 1981, chapter 21; in 1985, chapter 229; in 1991, chapter 532; in 1993, chapters 957 and 993; in 1995, chapter 649<\/a>; in 2002, chapter 747<\/a>; in 2012, chapters 128<\/a>, 387<\/a>, 803<\/a>, and 835<\/a>; in 2016, chapters 567<\/a> and 636<\/a>; in 2019, chapters 657<\/a> and 658<\/a>.<\/p>","references":[{"id":76342,"section_number":"37.2-421.1","catch_line":"Supportive housing providers","order_by":null,"url":"\/37.2-421.1\/"},{"id":67545,"section_number":"63.2-401","catch_line":"Reimbursement of localities by the Commonwealth","order_by":null,"url":"\/63.2-401\/"}],"refers_to":[{"id":76342,"section_number":"37.2-421.1","catch_line":"Supportive housing providers","order_by":null,"url":"\/37.2-421.1\/"},{"id":82105,"section_number":"63.2-1601","catch_line":"Authority to provide adult foster care services","order_by":null,"url":"\/63.2-1601\/"},{"id":78121,"section_number":"63.2-1700","catch_line":"Application fees; regulations and schedules; use of fees; certain facilities, centers, and agencies exempt","order_by":null,"url":"\/63.2-1700\/"},{"id":57625,"section_number":"63.2-500","catch_line":"Definitions","order_by":null,"url":"\/63.2-500\/"}],"permalink":{"id":236983,"object_type":"law","relational_id":54045,"identifier":"51.5-160","token":"51.5\/14\/9\/51.5-160","url":"\/51.5-160\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.5-160\/","token":"51.5\/14\/9\/51.5-160","dublin_core":{"Title":"Auxiliary grants program; administration of program","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.5-160","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Qualified assessor<\/span>” means an individual who is authorized to perform an assessment, reassessment, or change in level of care for an applicant to or resident of supportive housing<\/span> or an assisted living facility. For public pay individuals, a “qualified assessor<\/span>” is an employee of a public human services agency trained in the completion of the uniform assessment instrument. For individuals receiving services from a community services<\/span> board or behavioral health authority, a “qualified assessor<\/span>” is an employee or designee of the community services<\/span> board or behavioral health authority.\n\t\t\t“Supportive housing<\/span>” means a residential setting with access to supportive services for an auxiliary grant<\/span> recipient in which tenancy as described in subsection B of § 37.2-421.1<\/a> is provided or facilitated by a provider licensed to provide mental health community support services, intensive community treatment, programs of assertive community treatment, supportive in-home services, or supervised living residential services that has entered into an agreement with the Department<\/span> of Behavioral Health and Developmental Services pursuant to § 37.2-421.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> is authorized to prepare and implement, effective with repeal of Titles I, X, and XIV of the Social Security Act, a plan for a state and local funded auxiliary grants<\/span> program to provide assistance to certain individuals who (i) are ineligible for benefits under Title XVI of the Social Security Act, as amended, or for whom benefits provided under Title XVI of the Social Security Act, as amended, are not sufficient to maintain the minimum standards of need established by regulations promulgated by the Commissioner<\/span> and (ii) reside in supportive housing<\/span>, an assisted living facility licensed by the Department<\/span> of Social Services pursuant to Chapter 17 (§ 63.2-1700<\/a> et seq.) of Title 63.2, or an adult foster care home approved by a local board<\/span> of social services pursuant to § 63.2-1601<\/a>. The plan shall be in effect in all political subdivisions in the Commonwealth and shall be administered in conformity with regulations of the Commissioner<\/span>.\n\t\t\tNothing herein is to be construed to affect any such section as it relates to Temporary Assistance for Needy Families, general relief, or services to persons eligible for assistance under P.L. 92-603. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Auxiliary grant<\/span> recipients shall be entitled to a personal needs allowance when computing the amount of the auxiliary grant<\/span>. The amount of such personal needs allowance shall be set forth in the appropriation act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commissioner<\/span> shall adopt regulations for the administration of the auxiliary grants<\/span> program that shall include the establishment of auxiliary grant<\/span> rates for adult foster care homes and licensed assisted living facilities. Such regulations shall also include (i) the process for reporting and certification; (ii) the services to be provided to the auxiliary grant<\/span> recipient and paid for by the auxiliary grant<\/span> and not charged to the recipient’s personal needs allowance; and (iii) the process for supportive housing<\/span> providers, assisted living facilities, and adult foster care homes to report and certify maintenance of the personal needs allowance and compliance with regulations for administration of the auxiliary grants<\/span> program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In order<\/span> to receive an auxiliary grant<\/span> while residing in supportive housing<\/span> or an assisted living facility, an individual shall have been evaluated by a case manager<\/span> or other qualified assessor<\/span> using the uniform assessment instrument to determine his need for residential living care upon admission and annually thereafter, or whenever there is a change in the individual’s condition that appears to warrant a change in the resident’s approved level of care. An individual may select, subject to availability, supportive housing<\/span> or an assisted living facility pending evaluation and assessment or as allowed by regulations of the Commissioner<\/span>. In no event shall any public agency incur a financial obligation if the individual is determined ineligible for an auxiliary grant<\/span>.\n\t\t\tThe Commissioner<\/span> shall adopt regulations to implement the provisions of this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Provisions of Chapter 5 (§ 63.2-500<\/a> et seq.) of Title 63.2, relating to the administration of public assistance programs, shall govern operations of the auxiliary grant<\/span> program established pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Assisted living facilities, adult foster care homes, and supportive housing<\/span> providers providing services to auxiliary grant<\/span> recipients may accept payments made by third parties for services provided to an auxiliary grant<\/span> recipient, and the Department<\/span> shall not include such payments as income for the purpose of determining eligibility for or calculating the amount of an auxiliary grant<\/span>, provided that the payment is made: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Directly to the assisted living facility, adult foster care home, or supportive housing<\/span> provider by the third party<\/span> on behalf of the auxiliary grant<\/span> recipient; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Voluntarily by the third party<\/span>, and not in satisfaction of a condition of admission, stay<\/span>, or provision of proper care and services to the auxiliary grant<\/span> recipient, unless the auxiliary grant<\/span> recipient’s physical needs exceed the services required to be provided by the assisted living facility or supportive housing<\/span> provider as a condition of participation in the auxiliary grant<\/span> program pursuant to subsection D; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For specific goods and services provided to the auxiliary grant<\/span> recipient other than food, shelter, or specific goods or services required to be provided by the assisted living facility, adult foster care home, or supportive housing<\/span> provider as a condition of participation in the auxiliary grant<\/span> program pursuant to subsection D. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Assisted living facilities, adult foster care homes, and supportive housing<\/span> providers shall document all third-party<\/span> payments received on behalf of an auxiliary grant<\/span> recipient, including the source and amount of the payment and the goods and services for which such payments are to be used. Documentation related to the third-party<\/span> payments shall be provided to the Department<\/span> upon request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Assisted living facilities, adult foster care homes, and supportive housing<\/span> providers shall provide each auxiliary grant<\/span> recipient with a written list of the goods and services that are covered by the auxiliary grant<\/span> pursuant to subsection D, including a clear statement that the facility, home, or provider may not charge an auxiliary grant<\/span> recipient or the recipient’s family additional amounts for goods or services included on such list. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUXILIARY GRANTS PROGRAM; ADMINISTRATION OF PROGRAM (\u00a7 51.5-160)\n\nA. As used in this section:\n\t\t\t“Qualified assessor” means an individual who is authorized to\nperform an assessment, reassessment, or change in level of care for an applicant\nto or resident of supportive housing or an assisted living facility. For public\npay individuals, a “qualified assessor” is an employee of a public\nhuman services agency trained in the completion of the uniform assessment\ninstrument. For individuals receiving services from a community services board\nor behavioral health authority, a “qualified assessor” is an\nemployee or designee of the community services board or behavioral health\nauthority.\n\t\t\t“Supportive housing” means a residential setting with access to\nsupportive services for an auxiliary grant recipient in which tenancy as\ndescribed in subsection B of § 37.2-421.1 is provided or facilitated by a\nprovider licensed to provide mental health community support services, intensive\ncommunity treatment, programs of assertive community treatment, supportive\nin-home services, or supervised living residential services that has entered\ninto an agreement with the Department of Behavioral Health and Developmental\nServices pursuant to § 37.2-421.1.\n\nB. The Commissioner is authorized to prepare and implement, effective with\nrepeal of Titles I, X, and XIV of the Social Security Act, a plan for a state\nand local funded auxiliary grants program to provide assistance to certain\nindividuals who (i) are ineligible for benefits under Title XVI of the Social\nSecurity Act, as amended, or for whom benefits provided under Title XVI of the\nSocial Security Act, as amended, are not sufficient to maintain the minimum\nstandards of need established by regulations promulgated by the Commissioner and\n(ii) reside in supportive housing, an assisted living facility licensed by the\nDepartment of Social Services pursuant to Chapter 17 (§ 63.2-1700 et seq.)\nof Title 63.2, or an adult foster care home approved by a local board of social\nservices pursuant to § 63.2-1601. The plan shall be in effect in all\npolitical subdivisions in the Commonwealth and shall be administered in\nconformity with regulations of the Commissioner.\n\t\t\tNothing herein is to be construed to affect any such section as it relates to\nTemporary Assistance for Needy Families, general relief, or services to persons\neligible for assistance under P.L. 92-603.\n\nC. Auxiliary grant recipients shall be entitled to a personal needs allowance\nwhen computing the amount of the auxiliary grant. The amount of such personal\nneeds allowance shall be set forth in the appropriation act.\n\nD. The Commissioner shall adopt regulations for the administration of the\nauxiliary grants program that shall include the establishment of auxiliary grant\nrates for adult foster care homes and licensed assisted living facilities. Such\nregulations shall also include (i) the process for reporting and certification;\n(ii) the services to be provided to the auxiliary grant recipient and paid for\nby the auxiliary grant and not charged to the recipient’s personal needs\nallowance; and (iii) the process for supportive housing providers, assisted\nliving facilities, and adult foster care homes to report and certify maintenance\nof the personal needs allowance and compliance with regulations for\nadministration of the auxiliary grants program.\n\nE. In order to receive an auxiliary grant while residing in supportive housing\nor an assisted living facility, an individual shall have been evaluated by a\ncase manager or other qualified assessor using the uniform assessment instrument\nto determine his need for residential living care upon admission and annually\nthereafter, or whenever there is a change in the individual’s condition\nthat appears to warrant a change in the resident’s approved level of care.\nAn individual may select, subject to availability, supportive housing or an\nassisted living facility pending evaluation and assessment or as allowed by\nregulations of the Commissioner. In no event shall any public agency incur a\nfinancial obligation if the individual is determined ineligible for an auxiliary\ngrant.\n\t\t\tThe Commissioner shall adopt regulations to implement the provisions of this\nsubsection.\n\nF. Provisions of Chapter 5 (§ 63.2-500 et seq.) of Title 63.2, relating to\nthe administration of public assistance programs, shall govern operations of the\nauxiliary grant program established pursuant to this section.\n\nG. Assisted living facilities, adult foster care homes, and supportive housing\nproviders providing services to auxiliary grant recipients may accept payments\nmade by third parties for services provided to an auxiliary grant recipient, and\nthe Department shall not include such payments as income for the purpose of\ndetermining eligibility for or calculating the amount of an auxiliary grant,\nprovided that the payment is made:\n\n 1. Directly to the assisted living facility, adult foster care home, or\n supportive housing provider by the third party on behalf of the auxiliary\n grant recipient;\n\n 2. Voluntarily by the third party, and not in satisfaction of a condition of\n admission, stay, or provision of proper care and services to the auxiliary\n grant recipient, unless the auxiliary grant recipient’s physical needs\n exceed the services required to be provided by the assisted living facility or\n supportive housing provider as a condition of participation in the auxiliary\n grant program pursuant to subsection D; and\n\n 3. For specific goods and services provided to the auxiliary grant recipient\n other than food, shelter, or specific goods or services required to be\n provided by the assisted living facility, adult foster care home, or\n supportive housing provider as a condition of participation in the auxiliary\n grant program pursuant to subsection D.\n\nH. Assisted living facilities, adult foster care homes, and supportive housing\nproviders shall document all third-party payments received on behalf of an\nauxiliary grant recipient, including the source and amount of the payment and\nthe goods and services for which such payments are to be used. Documentation\nrelated to the third-party payments shall be provided to the Department upon\nrequest.\n\nI. Assisted living facilities, adult foster care homes, and supportive housing\nproviders shall provide each auxiliary grant recipient with a written list of\nthe goods and services that are covered by the auxiliary grant pursuant to\nsubsection D, including a clear statement that the facility, home, or provider\nmay not charge an auxiliary grant recipient or the recipient’s family\nadditional amounts for goods or services included on such list.\n\nHISTORY: 1973, c. 264, \u00a7 63.1-25.1; 1974, cc. 44, 45; 1981, c. 21; 1985, c.\n229; 1991, c. 532; 1993, cc. 957, 993; 1995, c. 649; 2002, c. 747, \u00a7 63.2-800;\n2012, cc. 128, 387, 803, 835; 2016, cc. 567, 636; 2019, cc. 657, 658.","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}}