Section 20. Eligibility for independent living (IL) services

A. An individual with a significant disability is eligible for IL services under the Independent Living Services program and Centers for Independent Living Program authorized under Chapter 1 (29 USC § 796 et seq.) of Title VII of the Act. Regarding information and referral services, anyone may seek information about IL services under these programs and may request referral to other services and programs for individuals with significant disabilities, as appropriate.

B. The service provider shall apply eligibility requirements without regard to age, color, creed, gender, national origin, race, religion, or type of significant disability of the individual applying for IL services. The service provider shall not impose any state or local residence requirement that excludes under the state plan any individual who is present in Virginia and who is otherwise eligible for IL services from receiving IL services.

C. Before or at the same time as an applicant for IL services may begin receiving IL services funded under this part, the service provider shall determine the applicant's eligibility and shall maintain documentation that the applicant has met the basic eligibility requirements. The documentation must be dated and signed by an appropriate staff member of the service provider.

D. If the state contracts with or awards a grant to a center for the general operation of the center, the state shall delegate to the center the determination of an individual's eligibility for services from that center. If the state contracts with or awards a grant to a third party to provide specific IL services, the state may choose to delegate to the IL service provider the determination of eligibility for these services and the development of an IL plan for individuals who receive these services.

Historical Notes

Derived from VR595-02-1 § 2, eff. November 1, 1987; amended, Volume 20, Issue 09, eff. February 11, 2004.

Statutory Authority

§ 51.5-14 of the Code of Virginia.