1. A. The personal needs allowance is included in the monthly AG payment to the individual and must be used by or on behalf of the individual for personal items. These funds shall not be commingled with the funds of the provider and shall be maintained in a separate bank account or given directly to the individual or authorized representative. The personal needs allowance shall not be charged by the provider for any item or service not requested by the individual. The provider shall not require an individual or his authorized representative to request any item or service as a condition of admission or continued stay. The provider must inform the individual or his authorized representative of a charge for any requested item or service not covered under the AG and the amount of the charge. The personal needs allowance is expected to cover the cost of the following items and services:

   1. 1. Clothing;
   2. 2. Personal toiletries not included in those to be provided by the provider or if the individual requests a specific type or brand of toiletry;
   3. 3. Personal items including tobacco products, sodas, and snacks beyond those required in subdivision 1 c of 22VAC30-80-30;
   4. 4. Hair care services;
   5. 5. Over-the-counter medication, medical copayments and deductibles, insurance premiums;
   6. 6. Other needs such as postage stamps, dry cleaning, laundry, direct bank charges, personal transportation, and long distance telephone calls;
   7. 7. Personal telephone, television, or radio;
   8. 8. Social events and entertainment offered outside the scope of the activities program; and
   9. 9. Other items agreed upon by both parties except those listed in subsection B of this section.

2. B. The personal needs allowance shall not be encumbered by the following:

   1. 1. Recreational activities required by licensing regulations (including any transportation costs of those activities);
   2. 2. Administration of accounts (bookkeeping, account statements);
   3. 3. Debts owed the provider for basic services as outlined by regulations; or
   4. 4. Provider laundry charges in excess of $10 per month.

Statutory Authority

§§ 51.5-131 and 51.5-160 of the Code of Virginia.

Historical Notes

Former 22VAC40-25-40, derived from VR615‑01‑51 § 4, eff. February 1, 1996; amended, Virginia Register Volume 23, Issue 20, eff. August 1, 2007; Volume 29, Issue 5, eff. December 5, 2012; amended and renumbered as 22VAC30-80-40, Virginia Register Volume 30, Issue 2, eff. October 23, 2013; amended, Virginia Register Volume 34, Issue 1, eff. October 4, 2017.