                                 CODE OF VIRGINIA

GRANT APPLICATION PROCESS; ADMINISTRATION (§ 63.2-2203)

A. Grant applications shall be submitted by caregivers to the Department between
February 1 and May 1 of the year following the calendar year in which the care
for a mentally or physically impaired person was provided. Failure to meet the
application deadline shall render the caregiver ineligible to receive a grant
for care provided during such calendar year. For filings by mail, the postmark
cancellation shall govern the date of the filing determination.

B. Applications for grants shall include (i) proof of the caregiver&#8217;s
income and that of the caregiver&#8217;s spouse, if applicable; (ii)
certification by the private physician, licensed physician assistant pursuant to
&#xA7; 54.1-2951.2, or advanced practice registered nurse pursuant to &#xA7;
54.1-2957.02 who has screened the mentally or physically impaired person and
found him to be eligible, in accordance with relevant state regulations, for
placement in an assisted-living facility or a nursing home or for receiving
community long-term care services; (iii) the mentally or physically impaired
person&#8217;s place of residence; and (iv) such other relevant information as
the Department may reasonably require. Any caregiver applying for the grant
pursuant to this chapter shall affirm, by signing and submitting his application
for a grant, that the mentally or physically impaired person for whom he
provided care and the care provided meet the criteria set forth in this chapter.
As a condition of receipt of a grant, a caregiver shall agree to make available
to the Department for inspection, upon request, all relevant and applicable
documents to determine whether the caregiver meets the requirements for the
receipt of grants as set forth in this chapter, and to consent to the use by the
Department of all relevant information relating to eligibility for the requested
grant.

C. The Department shall review applications for grants and determine eligibility
and the amount of the grant to be allocated to each eligible caregiver. If the
moneys in the Fund are less than the amount of grants to which applicants are
eligible for caregiver services provided in the preceding calendar year, the
moneys in the Fund shall be apportioned among eligible applicants pro rata,
based upon the amount of the grant for which an applicant is eligible and the
amount of money in the Fund.

D. The Department shall certify to the Comptroller the amount of grant to be
allocated to eligible caregiver applicants. Payments shall be made by check
issued by the State Treasurer on warrant of the Comptroller. The Comptroller
shall not draw any warrants to issue checks for this program without a specific
legislative appropriation as specified in conditions and restrictions on
expenditures in the appropriation act.

E. Actions of the Department relating to the review, allocation and awarding of
grants shall be exempt from the provisions of the Administrative Process Act
(&#xA7; 2.2-4000 et seq.) pursuant to subdivision B 4 of &#xA7; 2.2-4002.
Decisions of the Department shall be final and not subject to review or appeal.

HISTORY: 1999, cc. 737, 763, § 63.1-334; 2002, cc. 41, 747; 2007, c. 588; 2008,
c. 507; 2023, c. 183.