HB1847: Public assistance; eligibility determinations.
Be it enacted by the General Assembly of Virginia:
1. That §§ 63.2-501, 63.2-503, and 63.2-504 of the Code of Virginia are amended and reenacted as follows:
§ 63.2-501. Application for assistance.
A. Except as provided for in the state plan for medical
assistance services pursuant to § 32.1-325, application for public assistance
shall be made to the local board department and filed with the
local director of the county or city in which the applicant resides;
however, when necessary to overcome backlogs in the application and renewal
process, the Commissioner may temporarily utilize other entities to receive and
process applications, conduct periodic eligibility renewals, and perform other
tasks associated with eligibility determinations. Such entities shall be
subject to the confidentiality requirements set forth in § 63.2-501.1.
Applications and renewals processed by other entities pursuant to this
subsection shall be subject to appeals pursuant to § 63.2-517. Such
application may be made either electronically or in writing on forms prescribed
by the Commissioner and shall be signed by the applicant or otherwise attested
to in a manner prescribed by the Commissioner under penalty of perjury in
accordance with § 63.2-502.
If the condition of the applicant for public assistance precludes his signing or otherwise attesting to the accuracy of information contained in an application for public assistance, the application may be made on his behalf by his guardian or conservator. If no guardian or conservator has been appointed for the applicant, the application may be made by any competent adult person having sufficient knowledge of the applicant's circumstances to provide the necessary information, until such time as a guardian or conservator is appointed by a court.
B. Local boards departments or the Commissioner
shall provide each applicant for public assistance with information regarding
his rights and responsibilities related to eligibility for and continued
receipt of public assistance. Such information shall be provided in an
electronic or written format approved by the Board that is easily
understandable and shall also be provided orally to the applicant by an
employee of the local department, except in the case of energy assistance. The
local department shall require each applicant to acknowledge, in a format
approved by the Board, that the information required by this subsection has
been provided and shall maintain such acknowledgment together with information
regarding the application for public assistance.
§ 63.2-503. Procedure upon receipt of application.
Upon receipt of the application for public assistance, the
local director or Commissioner shall make or cause to be made promptly
such investigation as he deems necessary to determine the completeness and
correctness of the statements contained in the application and to ascertain the
facts supporting the application and such other information as the local board
department or the Commissioner may require, and shall submit
recommendations in writing to the local board.
The Board may by regulation authorize the local directors to
provide immediate and temporary assistance to persons pending action of the
local boards departments.
§ 63.2-504. Decision of local department that applicant entitled to public assistance.
Upon completion of the investigation, the local
board department shall determine whether the applicant is eligible
for public assistance under this subtitle, and, if eligible, the amount of such
public assistance and the date upon which such public assistance shall begin.
If the local board department approves the payment of public
assistance, such public assistance shall thereupon, until changed, modified, or
revoked, be paid as hereinafter provided. If the local board does not
act upon any such application within the period specified by Board regulation,
or, if the circumstances require immediate public assistance to prevent
hardship, the local director may provide necessary public assistance pending
determination by the local board.
Be it enacted by the General Assembly of Virginia:
1. That §§ 63.2-501, 63.2-503, and 63.2-504 of the Code of Virginia are amended and reenacted as follows:
§ 63.2-501. Application for assistance.
A. Except as provided for in the state plan for medical
assistance services pursuant to § 32.1-325, application for public assistance
shall be made to the local board department and filed with the
local director of the county or city in which the applicant resides;
however, when necessary to overcome backlogs in the application and renewal
process, the Commissioner may temporarily [ employ utilize
] other entities to receive and process applications, conduct periodic
eligibility renewals, and perform other tasks associated with eligibility
determinations. [ Such entities shall be subject to the confidentiality
requirements set forth in § 63.2-501.1. Applications and renewals
processed by other entities pursuant to this subsection shall be subject to
appeals pursuant to § 63.2-517. ] Such application may be made
either electronically or in writing on forms prescribed by the Commissioner and
shall be signed by the applicant or otherwise attested to in a manner
prescribed by the Commissioner under penalty of perjury in accordance with §
63.2-502.
If the condition of the applicant for public assistance precludes his signing or otherwise attesting to the accuracy of information contained in an application for public assistance, the application may be made on his behalf by his guardian or conservator. If no guardian or conservator has been appointed for the applicant, the application may be made by any competent adult person having sufficient knowledge of the applicant's circumstances to provide the necessary information, until such time as a guardian or conservator is appointed by a court.
B. Local boards departments or the Commissioner
shall provide each applicant for public assistance with information regarding
his rights and responsibilities related to eligibility for and continued receipt
of public assistance. Such information shall be provided in an electronic or
written format approved by the Board that is easily understandable and shall
also be provided orally to the applicant by an employee of the local
department, except in the case of energy assistance. The local department shall
require each applicant to acknowledge, in a format approved by the Board, that
the information required by this subsection has been provided and shall
maintain such acknowledgment together with information regarding the
application for public assistance.
§ 63.2-503. Procedure upon receipt of application.
Upon receipt of the application for public assistance, the
local director or Commissioner shall make or cause to be made promptly
such investigation as he deems necessary to determine the completeness and
correctness of the statements contained in the application and to ascertain the
facts supporting the application and such other information as the local board
department or the Commissioner may require, and shall submit
recommendations in writing to the local board.
The Board may by regulation authorize the local directors to
provide immediate and temporary assistance to persons pending action of the
local boards departments.
§ 63.2-504. Decision of local department that applicant entitled to public assistance.
Upon completion of the investigation, the local
board department shall determine whether the applicant is eligible
for public assistance under this subtitle, and, if eligible, the amount of such
public assistance and the date upon which such public assistance shall begin.
If the local board department approves the payment of public
assistance, such public assistance shall thereupon, until changed, modified, or
revoked, be paid as hereinafter provided. If the local board does not
act upon any such application within the period specified by Board regulation,
or, if the circumstances require immediate public assistance to prevent
hardship, the local director may provide necessary public assistance pending
determination by the local board.
HOUSE BILL NO. 1847
Be it enacted by the General Assembly of Virginia:
1. That §§ 63.2-501, 63.2-503, and 63.2-504 of the Code of Virginia are amended and reenacted as follows:
§ 63.2-501. Application for assistance.
A. Except as provided for in the state plan for medical
assistance services pursuant to § 32.1-325, application for public assistance
shall be made to the local board department and filed with the
local director of the county or city in which the applicant resides; however, when necessary to
overcome backlogs in the application and renewal process, the
Commissioner may temporarily employ other
entities to receive and process
applications, conduct periodic
eligibility renewals, and perform other
tasks associated with eligibility determinations. Such
application may be made either electronically or in writing on forms prescribed
by the Commissioner and shall be signed by the applicant or otherwise attested
to in a manner prescribed by the Commissioner under penalty of perjury in
accordance with § 63.2-502.
If the condition of the applicant for public assistance precludes his signing or otherwise attesting to the accuracy of information contained in an application for public assistance, the application may be made on his behalf by his guardian or conservator. If no guardian or conservator has been appointed for the applicant, the application may be made by any competent adult person having sufficient knowledge of the applicant's circumstances to provide the necessary information, until such time as a guardian or conservator is appointed by a court.
B. Local boards departments or the
Commissioner shall provide each applicant for public
assistance with information regarding his rights and responsibilities related
to eligibility for and continued receipt of public assistance. Such information
shall be provided in an electronic or written format approved by the Board that
is easily understandable and shall also be provided orally to the applicant by
an employee of the local department, except in the case of energy assistance.
The local department shall require each applicant to acknowledge, in a format
approved by the Board, that the information required by this subsection has
been provided and shall maintain such acknowledgment together with information
regarding the application for public assistance.
§ 63.2-503. Procedure upon receipt of application.
Upon receipt of the application for public assistance, the
local director or Commissioner shall
make or cause to be made promptly such investigation as he deems necessary to
determine the completeness and correctness of the statements contained in the
application and to ascertain the facts supporting the application and such
other information as the local board department or the Commissioner
may require, and shall submit recommendations in writing to
the local board.
The Board may by regulation authorize the local directors to
provide immediate and temporary assistance to persons pending action of the
local boards
departments.
§ 63.2-504. Decision of local department that applicant entitled to public assistance.
Upon completion of the investigation,
the local board department shall determine
whether the applicant is eligible for public assistance under this subtitle,
and, if eligible, the amount of such public assistance and the date upon which
such public assistance shall begin. If the local board department approves the
payment of public assistance, such public assistance shall thereupon, until
changed, modified, or revoked, be
paid as hereinafter provided. If the local board does
not act upon any such application within the period specified by Board
regulation, or, if the circumstances require immediate public assistance to
prevent hardship, the local director may provide necessary public assistance
pending determination by the local board.