West Virginia Code of State Rules Agency 198 - Rehabilitation Services
1. Overview of Agency 198 – Rehabilitation Services
Agency 198 is the West Virginia Administrative Code series that governs Rehabilitation Services, mainly focused on the Ron Yost Personal Assistance Services Act (RYPAS).
The purpose of Agency 198 is to:
Provide personal assistance services to individuals with severe disabilities.
Allow eligible individuals to live in their homes and communities, rather than institutional settings.
Give recipients control over the hiring and management of their personal assistants.
The agency is administered by the West Virginia Division of Rehabilitation Services (DRS), which implements the rules and ensures compliance with both state law and applicable federal requirements.
2. Statutory Authority
The rules are authorized by:
West Virginia Code Chapter 18, Article 10L — the Ron Yost Personal Assistance Services Act.
West Virginia Code §64‑4‑1, which allows state agencies to promulgate rules for programs under their jurisdiction.
These statutes authorize DRS to define eligibility, set service priorities, create appeals processes, and allocate funds for personal assistance services.
3. Purpose and Policy
The main objectives of the rules are:
To provide personal assistance services to persons with severe disabilities.
To allow recipients to control certain aspects of service provision, including hiring, training, supervising, and terminating personal assistants.
To promote independence and reduce reliance on institutional care.
This policy reflects a consumer-directed care model, empowering recipients to manage their own services.
4. Key Provisions of Agency 198
a. Definitions
Recipient: An eligible individual approved to receive personal assistance services.
Personal Assistance Services: Support with activities of daily living, including personal care, mobility, meal preparation, and household tasks.
Board: The administrative body responsible for implementing and overseeing the program.
b. Eligibility and Functional Assessment
To receive services, an applicant must:
Submit an application to the Board.
Undergo a functional assessment to determine the level of assistance required.
Receive approval from the Board, which confirms eligibility, approved hours of service, and reimbursement.
The rules also require applicants to apply for Medicaid personal care services if eligible, and RYPAS services typically terminate when Medicaid coverage begins.
c. Prioritization and Waiting List
If funds are limited, the Board prioritizes applicants as follows:
Individuals who would enter an institution without services.
Individuals who could leave an institution and live independently with services.
Other applicants on a first-come, first-served basis.
A waiting list is maintained when available funds are exhausted.
d. Board Structure
The Board is responsible for:
Administering the program.
Establishing meeting procedures, officers, and member terms.
Ensuring that at least some members represent the disability community.
This ensures that decisions reflect the needs and perspectives of recipients.
e. Appeals and Funding
Applicants and recipients can appeal decisions related to service denial, hours awarded, or eligibility.
Funding is allocated based on available appropriations, with a sliding scale for reimbursement based on income.
These safeguards ensure fairness and accountability.
5. Program Operation
Under the RYPAS program:
Individuals with severe disabilities may hire family, friends, or other assistants.
Recipients are reimbursed for approved hours, with limits based on income and program rules.
The model allows maximum independence, enabling individuals to self-direct their care.
6. Interaction with Medicaid
The rules require that eligible recipients apply for Medicaid personal care services. If approved for Medicaid, RYPAS services are discontinued to prevent duplication of benefits. This aligns state-funded personal assistance with federal programs.
7. Relevant Case Law
Although there are few West Virginia cases interpreting Agency 198 directly, general principles apply:
J.H. v. Division of Rehabilitation Services, 680 S.E.2d 392 (W. Va. 2009)
The West Virginia Supreme Court held that state agencies have qualified immunity for discretionary acts unless a statutory or contractual waiver exists.
Applied to RYPAS, this means decisions made by the Board or Division are generally protected from legal claims, except where law explicitly allows liability.
This illustrates how courts treat challenges to agency decision-making under rehabilitation rules.
8. Practical Implications
Agency 198 ensures that:
Individuals with severe disabilities can live independently.
Recipients direct their own care, maintaining autonomy and dignity.
Program resources are distributed fairly, according to need, eligibility, and funding availability.
The program works in coordination with Medicaid to prevent duplication of services.
9. Summary
West Virginia Agency 198 – Rehabilitation Services (RYPAS):
Provides personal assistance services to eligible individuals.
Emphasizes consumer-directed care, letting recipients manage their personal assistants.
Includes eligibility criteria, prioritization, funding rules, and appeals processes.
Is generally protected from legal claims due to state agency immunity, but provides mechanisms for administrative review.
This framework is key to promoting independent living and self-determination for disabled West Virginians.
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