§ 63.2-2203. Grant application process; administration.
A. Grant applications shall be submitted by caregivers to the Departmentbetween February 1 and May 1 of the year following the calendar year in whichthe care for a mentally or physically impaired person was provided. Failureto meet the application deadline shall render the caregiver ineligible toreceive a grant for care provided during such calendar year. For filings bymail, the postmark cancellation shall govern the date of the filingdetermination.
B. Applications for grants shall include (i) proof of the caregiver's incomeand that of the caregiver's spouse, if applicable; (ii) certification by theprivate physician, licensed physician assistant pursuant to § 54.1-2951.2, ornurse practitioner pursuant to § 54.1-2957.02 who has screened the mentallyor physically impaired person and found him to be eligible, in accordancewith relevant state regulations, for placement in an assisted-living facilityor a nursing home or for receiving community long-term care services; (iii)the mentally or physically impaired person's place of residence; and (iv)such other relevant information as the Department may reasonably require. Anycaregiver applying for the grant pursuant to this chapter shall affirm, bysigning and submitting his application for a grant, that the mentally orphysically impaired person for whom he provided care and the care providedmeet the criteria set forth in this chapter. As a condition of receipt of agrant, a caregiver shall agree to make available to the Department forinspection, upon request, all relevant and applicable documents to determinewhether the caregiver meets the requirements for the receipt of grants as setforth in this chapter, and to consent to the use by the Department of allrelevant information relating to eligibility for the requested grant.
C. The Department shall review applications for grants and determineeligibility and the amount of the grant to be allocated to each eligiblecaregiver. If the moneys in the Fund are less than the amount of grants towhich applicants are eligible for caregiver services provided in thepreceding calendar year, the moneys in the Fund shall be apportioned amongeligible applicants pro rata, based upon the amount of the grant for which anapplicant is eligible and the amount of money in the Fund.
D. The Department shall certify to the Comptroller the amount of grant to beallocated to eligible caregiver applicants. Payments shall be made by checkissued by the State Treasurer on warrant of the Comptroller. The Comptrollershall not draw any warrants to issue checks for this program without aspecific legislative appropriation as specified in conditions andrestrictions on expenditures in the appropriation act.
E. Actions of the Department relating to the review, allocation and awardingof grants shall be exempt from the provisions of the Administrative ProcessAct (§ 2.2-4000 et seq.) pursuant to subdivision B 4 of § 2.2-4002. Decisionsof the Department shall be final and not subject to review or appeal.
(1999, cc. 737, 763, § 63.1-334; 2002, cc. 41, 747; 2007, c. 588; 2008, c.507.)