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.
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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.
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