CHAPTER 621

An Act to amend the Code of Virginia by adding in Title 63, a Chapter
numbered 6.1, consisting of sections numbered 63-140.1 through
63-140.2:1 and 63-140.8 through 63-140.16, providing for medical
assistance for aged persons, prescribing certain rules and regula-
tions, prescribing for review and appropriating the funds therefor.

[S 59]
Approved April 3, 1962

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding, in Title 63, a new
Chapter numbered 6.1, consisting of sections numbered 63-140.1 through
63-140.2:1 and 63-140.3 through 63-140.16, as follows:
§ 63-140.1.—The purpose of this chapter shall be to provide the legal
framework for granting medical assistance for aged persons who are
unable to finance medical care essential to their well-being and maximum
self-help or self-care. To this end the State Board is authorized and directed
to adopt such rules and regulations, not in conflict with law, as may be
necessary and desirable to achieve this end within the limitations of such
funds as may be made available for this purpose.

§ 63-140.2.—An aged person shall be eligible for medical assistance
for the aged if he

(a) Has attained the age of 65 years;

(b) Isa resident of the State of Virginia;

(c) Is not receiving any other type of public assistance;

(d) Is in need of medical care or treatment within limitations set
by rules and regulations of the State Board as herein provided; and

(e) Is in need of financial assistance in defraying the cost of such
medical care.

§ 63-140.2:1. Medical care or treatment as used in this chapter shall
mean and include inpatient hospital care and treatment, outpatient hos-
pital and clinical care and treatment, nursing home care, services by
a physician holding a license to practice medicine, services, exclusive
of making or providing new dentures, of a person licensed to practice
dentistry, services of a professional nurse or registered practical nurse,
as defined in Chapter 13 of Title 54 of the Code of Virginia, as amended,
and pharmaceuticals furnished on a written prescription.

§ 63-140.3. Application for assistance under this chapter shall be
made to the local board, and filed with the local superintendent, of the
county or city in which the applicant resides. The application shall be in
writing on forms prescribed by the Commissioner, and shall be signed by
the applicant. If the condition of the potential recipient is such as to
preclude his signing an application, and no guardian or committee has been
appointed, then such application may be made in his behalf by a member
of his immediate family. Such application shall contain such information as
the State Board, by rule and regulation, may require.

§ 63-140.4. Upon receipt of an application, the local board shall require
the local superientendent to make a prompt investigation and record of
the circumstances of the applicant to determine the completeness and
correctness of the statements contained in the application and ascertain
the facts supporting the application, and such other information as it may
deem proper or which may be required by the State Board. Upon the
completion of his investigation the local superintendent shall submit his
findings and recommendations in writing to the local board.

§ 63-140.5. Upon completion of the investigation, the local board
shall determine whether the applicant is eligible for assistance under the
provisions of this chapter, and, if eligible, authorize the payment of such
assistance within such limitations as are prescribed by the State Board.
The amount of assistance shall be determined on the basis of income levels
and other pertinent considerations as may be stipulated by rules and
regulations made by the State Board. In determining eligibility and amounts
of assistance payments under this chapter the local board shall not be re-
quired to ascertain the ability of legally responsible relatives of applicants
to pay or assist in paying for the needed medical care, but any such help
actually available from this or any other source shall be taken into ac-
count.
Immediately upon making its decision the local board shall notify the
applicant, in writing, stating the full particulars thereof.

§ 63-140.6. The local board shall preserve, for such length of time as
the Commissioner may prescribe, a record of the decision of the local
board and all supporting documents and records, including the findings and
recommendations of the local superintendent.

§ 63-140.7. Assistance shall be paid on behalf of the applicant to
the supplier of the medical service or supplies by the treasurer or other
disbursing officer of the county or city upon order of the local board of
such county or city, from funds appropriated or made available for such
purpose by the board of supervisors, ccuncil or other governing body of
such county or city.

§ 63-140.8. Any applicant or recipient aggrieved by any decision
granting or refusing an application or changing, suspending or modifying
an existing decision, may, within thirty days after receiving notice in
writing of such decision appeal therefrom to, or ask for a review of the
same by, the State Board.

Any applicant or recipient aggrieved by the failure of the local board
to make a decision within a reasonable time may ask for a review of the
same by the State Board.

§ 63-140.9. The State Board shall provide upon request an opportunity
for a fair hearing, reasonable notice of which shall be given in writing
to the applicant or recipient and to the proper local board in such manner
and form as the State Board may prescribe. The State Board shall if it
deems proper make or cause to be made an investigation of the facts. The
State Board shall give fair and impartial consideration to the testimony
of witnesses, or other evidence produced at the hearing, reports of in-
vestigations of the local board and local superintendent or of investi-
gations made or caused to be made by the State Board, or any other facts
which the State Board may deem proper to enable it to decide fairly the
appeal or review.

§ 63-140.10. The State Board may, upon its own motion, review any
decision of a local board, and may consider any application for assistance
upon which a decision is not made by the local board within a reasonable
time.

§ 63-140.11. Subject to §§ 63-140.8 to 63-140.10 the decision of the
State Board shall be final and binding, and in addition shall be treated as
the decision of the local board concerned, and shall not be subject to further
review or appeal, except that the State Board may at any time thereafter
reopen and review the matter involved.

§ 63-140.12. If any county or city, through its appropriate authorities
or officers, shall fail or refuse to provide for the payment of assistance in
such county or city in accordance with the provisions of this chapter, the
State Board shall through appropriate proceeding require such authorities
and officers to exercise the powers conferred and perform the duties im-
posed by this chapter.

§ 63-140.13. For so long as such failure or refusal shall continue
the State Board shall authorize and direct the Commissioner, under rules
and regulations of the State Board, to provide for the payment of assistance
in such county or city out of funds appropriated for the purpose of carrying
out the provisions of this chapter. In such event, the Commissioner shall
at the end of each month file with the State Comptroller and with the board
of supervisors, council or other governing body of such county or city a
statement showing all disbursements and expenditures made for and
on behalf of such county or city, and the Comptroller shall from time to
time as such funds become available deduct from funds appropriated by
the State, in excess of requirements of the Constitution of Virginia, for
distribution to such county or city, such amount or amounts as shall be
required to reimburse the State for expenditures incurred under the
provisions of this section. All such funds so deducted and transferred are
hereby appropriated for the purposes set forth in § 63-109 and the first
paragraph of § 63-110 and shall be expended and disbursed as provided in
§ 63-111.

§ 63-140.14. Whoever obtains, or attempts to obtain, or aids or abets
any person in obtaining, by means of a wilfully false statement or repre-
sentation, or by impersonation, or other fraudulent device:

(1) Assistance to which he is not entitled, or

(2) Assistance greater than that to which he is justly entitled, shall
be guilty of a misdemeanor, and upon conviction, shall be punished ac-
cordingly.

§ 63-140.15. If any person wilfully discloses information concerning
applicants and recipients for purposes other than those directly connected
with the administration of medical assistance for the aged, he shall be
guilty of a misdemeanor, and upon conviction, shall be punished accord-
ingly. The provisions of § 63-68 with respect to affording access by citizens,
other than the Commissioner, the Executive Secretary of the Virginia
Commission for the Visually Handicapped, and duly authorized agents and
employees of each, to records of disbursement shall not apply to assistance
granted under this chapter.

§ 63-140.16. The State Board may, by rule and regulation, make
applicable such provisions of Chapter 6 of this Title, not in conflict with
the provisions of this chapter, as the State Board finds necessary for pur-
poses of enabling the State to receive grants-in-aid under the Federal
Social Security Act for purposes hereinbefore specified.