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          | Regulatory AlertA Convenient Guide to Regulatory 
              Activity in the CommonwealthNovember-December, 2006The 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. EDUCATIONSTATE 
        BOARD OF EDUCATIONProposed 
        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. 
        HEALTHDEPARTMENT 
        OF MEDICAL ASSISTANCE SERVICESProposed 
        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 SERVICESProposed 
        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 HEALTHProposed 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.
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