Regulatory Alert
A Convenient Guide to Regulatory
Activity in the Commonwealth
July, 2006
The Regulatory
Alert is intended to assist General Assembly members as they keep
up with the myriad regulations being proposed by agencies in the
Commonwealth. The goal of this project is to provide a timely, simple,
and accurate summary of the rules that are being proposed by agencies,
boards, and commissions. Highlighting regulations when they are
published as "proposed regulations" gives General Assembly
members notice that the critical public participation phase of the
rulemaking process is well underway. It is during the public participation
process that the questions of an Assembly member or constituent
may be most effectively communicated to the agency and examined
by the individuals crafting the regulatory proposal.
The Regulatory
Alert is not intended to be a substitute for the comprehensive information
on agency rulemaking activity that is currently published biweekly
in the Virginia Register of Regulations or the notification
services offered by the Regulatory Town Hall website maintained
by the Department of Planning and Budget. It is hoped that the Legislative
Record will assist all members as they monitor the development,
modification and repeal of administrative rules in the Commonwealth.
Access the
Virginia Register of Regulations online at http://legis.state.va.us/codecomm/register/issfiles.htm
or contact epalen@leg.state.va.us
or the Code Commission staff at (804) 786-3591 for further information.
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Proposed Regulations
Open to Public Comment:
TITLE 12. HEALTH
DEPARTMENT OF
MEDICAL ASSISTANCE SERVICES
12 VAC 30-50.
Amount, Duration, and Scope of Medical and Remedial Care Services (amending
12 VAC 30-50-490).
12 VAC 30-120.
Waivered Services (amending 12 VAC 30-120-700 through 12 VAC 30-120-750,
12 VAC 30-120-752, 12 VAC 30-120-753, 12 VAC 30-120-754, 12 VAC 30-120-756,
12 VAC 30-120-758, 12 VAC 30-120-760, 12 VAC 30-120-762, 12 VAC 30-120-764,
12 VAC 30-120-766, 12 VAC 30-120-770, 12 VAC 30-120-772, 12 VAC 30-120-774,
12 VAC 30-120-776; repealing 12 VAC 30-120-768, 12 VAC 30-120-780, 12
VAC 30-120-790).
Written public comment
may be submitted to the Department of Medical Assistance Services until
September 22, 2006.
The proposed
amendments (i) allow recipients to receive both day support and supported
employment services at the same time; (ii) no longer require that the
primary unpaid caregiver live in the home of the recipient for respite
care reimbursement purposes; (iii) no longer require that consumer-directed
employees receive annual CPR training and flu shots; (iv) modify the
rules by which the new waiver slots are allocated; (v) require that
personal care, respite care, and companion service aides be able to
read and write in English to the extent necessary to accomplish the
tasks associated; (vi) no longer require that service facilitators under
consumer-directed model have consultation with a registered nurse; (vii)
prohibit Personal Emergency Response System (PERS) providers from direct
marketing to recipients; and (viii) clarify a number of requirements.
For additional information
contact Teja Stokes, Department of Medical Assistance Services,
Richmond, VA, (804) 786-0427, FAX (804) 786-1680, or e-mail teja.stokes@dmas.virginia.gov.
DEPARTMENT
OF MEDICAL ASSISTANCE SERVICES
12 VAC 30-90.
Methods and Standards for Establishing Payment Rates for Long-Term Care
(amending 12 VAC 30-90-264).
Written public comment
may be submitted to the Department of Medical Assistance Services until
September 22, 2006.
Under existing
regulations, DMAS reimburses reasonable costs without limit for covered
nursing facility specialized care ancillary services, except kinetic
therapy devices. In response to both the escalating costs and the need
for greater consistency in charges submitted for these services, the
proposed amendments place a ceiling on ancillary services reimbursement
to no more than 150% of average specialized care ancillary costs. The
ceiling will be adjusted annually for inflation.
For more information
contact Diane Hankins, Department of Medical Assistance Services, Richmond,
VA, (804) 786-5379, FAX (804) 786-1680, or e-mail diane.hankins@dmas.virginia.gov.
DEPARTMENT
OF MEDICAL ASSISTANCE SERVICES
12 VAC 30-120.
Waivered Services (adding 12 VAC 30-120-1500 through 12 VAC 30-120-1550).
Written public comment
may be submitted to the Department of Medical Assistance Services until
September 22, 2006.
The proposed
regulatory action establishes a new program, the Day Support Waiver
for Individuals with Mental Retardation (Day Support Waiver) to provide
day support and prevocational services for individuals who are waiting
to receive services under the Mental Retardation Waiver (MR Waiver).
The proposed regulatory action contains definitions of MR Day Support
Waiver terms; contains general coverage and requirements; outlines individual
eligibility requirements; defines general requirements for home and
community-based participating providers; defines participation standards
for home and community-based waiver services participating providers;
and further defines the covered services and outlines requirements for
providers of these services.
For additional information
contact Teja Stokes, Department of Medical Assistance Services,
Richmond, VA, (804) 786-0427, FAX (804) 786-1680, or e-mail teja.stokes@dmas.virginia.gov.
TITLE
18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
18 VAC 85-20.
Regulations Governing the Practice of Medicine, Osteopathic Medicine,
Podiatry, and Chiropractic (amending 18 VAC 85-20-290).
A public hearing
will be held August 11, 2006, at 8:15 a.m., Department of Health Professions,
Richmond, VA. Written public comments may be submitted to the Department
of Health Professions until September 22, 2006.
The proposed
amendments clarify ambiguous provisions and specify more clearly the
timing of a malpractice report, the reported data the board may release,
and the definition of a malpractice paid claim.
For additional information
contact William L. Harp, M.D., Department of Health Professions, Richmond,
VA, (804) 662-9908, FAX (804) 662-9943, or e-mail william.harp@dhp.virginia.gov.
BOARD OF
MEDICINE
18 VAC 85-130.
Regulations Governing the Practice of Licensed Midwives (adding 18 VAC
85-130-10 through 18 VAC 85-130-170).
A public hearing
will be held August 11, 2006, at 8:15 a.m., Department of Health Professions,
Richmond, VA. Written public comments may be submitted to the Department
of Health Professions until September 22, 2006.
The proposed
regulation establishes the qualifications for the licensure of midwives,
the requirements for disclosure to a client seeking midwifery care,
and the standards for ethical practice, which are taken from the standards
of the North American Registry of Midwives and the standards set for
all professions licensed by the board.
For additional information
contact William L. Harp, M.D., Department of Health Professions, Richmond,
VA, (804) 662-9908, FAX (804) 662-9943, or e-mail william.harp@dhp.virginia.gov.
BOARD OF
LONG-TERM CARE ADMINISTRATORS
18 VAC 95-30.
Regulations Governing the Practice of Assisted Living Facility Administrators
(adding 18 VAC 95-30-10 through 18 VAC 95-30-210).
A public hearing
will be held September 12, 2006, at 9 a.m., Department of Health Professions,
Richmond, VA. Written public comments may be submitted to the Department
of Health Professions until September 22, 2006.
The proposed
regulations for the licensure of assisted living facility administrators
include requirements for initial licensure to include a minimum of 30
hours of college-level courses, training in assisted living care, and
passage of both a national credentialing examination and a state jurisprudence
examination. Persons who have been serving as an administrator of an
assisted living facility for two of the three years immediately preceding
the effective date of these regulations will be able to apply for licensure
with documentation of their service and passage of the state jurisprudence
examination. The regulations include provisions for licensure by endorsement
of persons who have held a license, certification or registration in
another state and set out requirements for an administrator-in-training
program, including registration of persons who serve as preceptors,
the number of training hours required, the program content, and approved
facilities for training.
For further information
contact Sandra Reen, Department of Health Professions, Alcoa Bldg., Richmond,
VA, (804) 662-7457, FAX (804) 662-9943, or e-mail sandra.reen@dhp.virginia.gov.
TITLE 20. PUBLIC UTILITIES
AND TELECOMMUNICATIONS
STATE BOARD OF
EDUCATION
REGISTRAR'S
NOTICE: The State Corporation Commission is exempt from the Administrative
Process Act in accordance with § 2.2-4002 A 2 of the Code of
Virginia, which exempts courts, any agency of the Supreme Court, and
any agency that by the
Constitution is expressly granted any of the powers of a court of
record. |
20 VAC 5-315.
Regulations Governing Net Energy Metering (amending 20 VAC 5-315-10 and
20 VAC 5-315-20).
A public hearing
will be held if requested. Written comment on the proposed amendments
as well as requests for a hearing may be filed with the State Corporation
Commission on or before August 21, 2006.
The proposed
amendments revise and expand the definition of "eligible customer-generator"
to conform the regulation with § 56-594 of the Code of Virginia
as amended by Chapter 470 of the 2006 Acts of Assembly. The amendment
of the definition of "eligible customer-generator" provides
that it include not only a customer who owns and operates an electrical
generating facility, but also one who contracts with other persons to
own, operate, or both, the electrical generating facility. The proposed
amendments also (i) expand the types of permissible fuels for the electrical
generating facility to include energy from waste, wave motion, tides,
and geothermal power and (ii) provide that the generator be located
on the customer’s premises and be connected to the customer’s
wiring on the customer’s side of its interconnection with the
distributor.
For additional information
contact Kara Hart, State Corporation Commission, Richmond, VA, (804)
371-9671, FAX (804) 371-9240, or e-mail kara.hart@scc.virginia.gov.
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