Authority: Title 51.2, Chapter 1.1 and Title 63.1, Chapters 1 and 6, Code of Virginia.

A.1. The Department of Social Services is authorized to base approved licensed Adult Care Residence rates for individual homes on an occupancy rate of 85 percent of licensed capacity, not to exceed a maximum rate of $737 per month the first year and $737 per month the second year, unless modified as indicated below. The Department may add a 15 percent differential to the maximum amount for licensed Adult Care Residences in Planning District Eight.

2. The monthly personal care allowance for auxiliary grant recipients who reside in licensed Adult Care Residences shall be $54 per month the first year and $54 per month the second year, unless modified as indicated below.

3. The Department of Social Services is authorized to increase the Adult Care Residence rate and/or the personal care allowance cited above on January 1 of each year in which the federal government increases Supplemental Security Income or Social Security rates or at any other time that the Department determines that an increase is necessary to ensure that the Commonwealth continues to meet federal requirements for continuing eligibility for federal financial participation in the Medicaid program. Any such increase is subject to the prior concurrence of the Department of Planning and Budget. Within thirty days after its effective date, any such increase shall be reported to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees with an explanation of the reasons for the increase.

B. Pursuant to rules and regulations adopted by the State Board and to the extent allowed by federal statute or regulations, there may be exempted from consideration in determining the amount of such assistance any person may receive, monetary or other gifts, not to exceed in value the sum of $65 per month, received from another person by an applicant for or recipient of an auxiliary grant.