Division of Legislative Services > Legislative Record > 2006

Regulatory Alert

A Convenient Guide to Regulatory Activity in the Commonwealth

November-December, 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.

Proposed Regulations Open to Public Comment:

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION
Proposed Regulation

8 VAC 20-160. Regulations Governing Secondary School Transcripts (amending 8 VAC 20-160-10 through 8 VAC 20-160-60).

A public hearing will be held January 10, 2007, at 11 a.m., Department of Education, Richmond.

Written public comment may be submitted until 5 p.m. on February 12, 2007.

The proposed amendments remove the 1988-89 effective date provision, revise the definitions as necessary to comport with those in other Board of Education regulations, and revise the format options for the transcript and profile data sheets to reflect both Board of Education regulations and state law. The sections concerning class ranking, advanced placement courses and the elements of weighting are revised to ensure that they comport with best instructional practices, as well as other state requirements.

For additional information please contact Dr. Margaret N. Roberts, Office of Policy and Communications, Department of Education, (804) 225-2540, FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.


TITLE 12. HEALTH

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Proposed Regulation

12 VAC 30-120. Waivered Services (adding 12 VAC 30-120-1600 through 12 VAC 30-120-1660).

Written public comment may be submitted until February 9, 2007.

The proposed amendments establish a new waiver program to provide additional services to residents of assisted living facilities who receive an auxiliary grant, who meet nursing facility criteria, and who have a diagnosis of Alzheimer's or a related dementia. Related dementia is defined as an individual with a diagnosis of Dementia of the Alzheimer's Type as defined by the Diagnostic and Statistical Manual of Mental Disorders. Individuals eligible to be placed on the AAL Waiver are currently either (i) remaining at home where a spouse or adult child is typically serving as primary care giver; (ii) residing in an assisted living facility possibly without the benefit of specialized services, which are not provided for in the auxiliary grant payment; or (iii) residing in a more restrictive setting such as a nursing facility. Through the proposed Alzheimer’s Assisted Living (AAL) Waiver, recipients will be able to receive an appropriate level of care within special care units of assisted living facilities.

The emergency regulation implementing the General Assembly mandate contained an eligibility requirement that an individual applying for entry into this waiver program be age 55 or older. This requirement was referenced in 12 VAC 30-120-1610 A, B and D. After consultation with the Department of Planning and Budget and the Secretary of Health and Human Resources, DMAS has removed this eligibility requirement.

For additional information please contact Teja Stokes, Project Manager, Department of Medical Assistance Services, (804) 786-0527, FAX (804) 786-1680, or email teja.stokes@dmas.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Proposed Regulation

12 VAC 30-80. Methods and Standards for Establishing Payment Rates; Other Types of Care (amending 12 VAC 30-80-190).

Written public comment may be submitted until February 9, 2007.

The proposed amendments implement the mandated physician rate increases included in the 2005 Appropriation Act. Items 326 VVV, WWW, and XXX directed various physician rate increases for an effective date of May 1, 2006. The proposed amendments provide for a 2.5% increase for obstetrical and gynecological services, a 5.0% increase for pediatric services, and a 5.0% increase for adult primary and preventive care services. The amended section defines the methodology for physician fee schedule rate setting under the Resource Based Relative Value Scale system.

For additional information please contact William Lessard, Provider Reimbursement, Department of Medical Assistance Services, (804) 225-4593, FAX (804) 786-1680, or email william.lessard@dmas.virginia.gov.

STATE BOARD OF HEALTH
Proposed Regulation

12 VAC 5-190. State Plan for the Provision of Children's Specialty Services (repealing 12 VAC 5-190-10 through 12 VAC 5-190-690).

12 VAC 5-191. State Plan for the Children with Special Health Care Needs Program (adding 12 VAC 5-191-10 through 12 VAC 5-191-320).

Written public comment may be submitted until February 9, 2007.

This regulation governs several programs serving individuals with special health care needs administered by the Department of Health.

Due to the need for extensive revisions, this regulatory action is repealing the current regulation (12 VAC 5-190) State Plan for the Provision of Children’s Specialty Services. The current regulation governs a diagnosis-based, direct clinic service model that is no longer operating throughout the Commonwealth due to significant changes in health care coverage among children, federal goals for children with special health care needs, and identified needs of this population and their families.

The proposed regulation, 12 VAC 5-191, State Plan for the Children with Special Health Care Needs Program, identifies current program components, the scope of services provided and eligibility requirements. The regulation establishes the authority to operate a program-specific pool of funds contingent upon available funding, outlines appeals processes and defines relationships and automatic referrals from other state-mandated screening and surveillance programs. The regulation recognizes that the Children with Special Health Care Needs Program is not an entitlement or federal/state/local public benefit program.

For additional information please contact Nancy Bullock, Director, Children with Special Health Care Needs Program, Division of Child and Adolescent Health, Department of Health, (804) 864-7706, FAX (804) 864-7722, or email nancy.bullock@vdh.virginia.gov.

 

Division of Legislative Services > Legislative Record > 2006 

Privacy Statement | Legislative Services | General Assembly