Regulatory Alert

TITLE 3. ALCOHOLIC BEVERAGES

ALCOHOLIC BEVERAGE CONTROL BOARD

3VAC5-50. Retail Operations (amending 3VAC5-50-40, 3VAC5-50-50, 3VAC5-50-80, 3VAC5-50-100, 3VAC5-50-130, 3VAC5-50-140).

A public hearing will be held on October 6, 2008 at 11 a.m., Alcoholic Beverage Control Board, Richmond, Virginia. Written public comment may be submitted until October 17, 2008.

The proposed amendments (i) provide a process for licensees to apply for permission to employ individuals with certain criminal convictions, (ii) allow persons 18 and over to serve wine at a counter in establishments selling wine only, (iii) allow wine to be placed in containers of ice by farm wineries at wine festivals, (iv) simplify food requirements for grocery stores and convenience grocery stores, (v) simplify the limitations of nonmember use of licensed club facilities, and (vi) clarify the rules with respect to partially nude entertainers at licensed establishments to define the separation that must be maintained from customers, specify the minimum clothing required at mixed beverage establishments, and clarify that this regulation does not restrict legitimate theatrical productions.

For more information, please contact W. Curtis Coleburn III, Chief Operating Officer, Department of Alcoholic Beverage Control, (804) 213-4409, FAX (804) 213-4411, or email curtis.coleburn@abc.virginia.gov.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF GAME AND INLAND FISHERIES

4VAC15-450. Watercraft: Commercial Parasail Operations (adding 4VAC15-450-10 through 4VAC15-450-40).

A public hearing will be held on October 23, 2008 at 9 a.m., Department of Game and Inland Fisheries, Richmond, Virginia. Written public comment may be submitted until 5 p.m. on October 6, 2008.

The board has proposed a new boating regulation regarding commercial parasail operations. The proposed regulation will not have any effect on general boating activities by the recreational boating public, but will apply only to the commercial operations of parasail operators on the waters of the Commonwealth. The proposal defines "commercial parasail operation" and "parasailing;" and establishes provisions to which commercial parasailing operators must comply for lawful operation, including a requirement that all commercial parasail operators shall have a valid Coast Guard license for carrying passengers for hire, and other provisions addressing the safety of persons taking part in the parasailing activity.

For additional information, please contact Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, (804) 367-8341 or email phil.smith@dgif.virginia.gov.

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

DEPARTMENT OF CORRECTIONS

6VAC15-80. Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities (amending 6VAC15-80-10; adding 6VAC15-80-211).

Written public comment may be submitted until 5 p.m. on October 17, 2008.

The proposed amendment allows local and regional correctional facilities to receive cost reimbursement, to define limits for required value management assessment studies that serve to keep construction costs lower while promoting quality and efficient designs. The value management assessment will analyze a project design including systems, products/materials used, quality, efficiency, functionality, long-term design, and operational needs beyond 10 years and cost.

For more information, please contact Brooks Ballard, Architectural & Engineering Services, Department of Corrections, (804) 674-3102, FAX (804) 674-3529, or email brooks.ballard@vadoc.virginia.gov.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

8VAC20-131. Regulations Establishing Standards for Accrediting Public Schools in Virginia (amending 8VAC20-131-5, 8VAC20-131-30, 8VAC20-131-50, 8VAC20-131-60, 8VAC20-131-140, 8VAC20-131-210, 8VAC20-131-270 through 8VAC20-131-360).

The following public hearings will be held:

October 30, 2008 at 7 p.m., Jolliff Middle School, Chesapeake, Virginia
October 30, 2008 at 7 p.m., Waynesboro High School, Waynesboro, Virginia
October 30, 2008 at 7 p.m., Highland Springs High School, Highland Springs, Virginia
October 30, 2008 at 7 p.m., George Wythe High School, Wytheville, Virginia
October 30, 2008 at 7 p.m., Thomas A. Edison High School, Alexandria, Virginia

Written public comment may be submitted until November 5, 2008.

Section 22.1-253.13:3 of the Code of Virginia requires the Board of Education to promulgate Standards of Accreditation for Virginia’s K-12 public schools. The current regulations were adopted by the Board of Education on May 24, 2006, and became effective September 7, 2006. In July 2006, the president of the board, Dr. Mark Emblidge, formed a special committee of the Board of Education to research and recommend policies to reduce the number of students who drop out of high school and to improve graduation rates, especially among minority students. The proposed revisions are an outgrowth of the work both of that committee and of the board’s adoption of a graduation rate formula in November 2006: Graduation rate = [On-time graduates in Year X] / [(First-time entering ninth graders in Year X-4) + (Transfers in) – (Transfers out)]. In the fall of 2008, the records of first-time ninth graders in 2004-2005 will be able to be linked to their records four years later to determine their graduation status.

The proposed revisions are also in response to Chapter 859 and 919 of the 2007 Acts of Assembly, which require the Board of Education to establish the requirements for the Standard Technical and Advanced Technical Diplomas. The legislation requires the board to establish the requirements for a technical diploma. This diploma shall meet or exceed the requirements of a standard diploma and will include a concentration in career and technical education, as established in board regulations. A student who meets the requirement for the advanced studies diploma who also fulfills a concentration in career and technical education shall receive an advanced technical diploma. The board may develop or designate assessments in career and technical education for the purposes of awarding verified credit.

Finally, in 2007, the House Education Committee, while not taking action on HB 3201, related to removing students from classes, requested the chairman write a letter to the Board of Education asking that the board consider this issue in its review of applicable regulations, and report back to the patron and the committee. Language in response to this bill is included in the proposed revisions.

For more information, please contact Anne Wescott, Assistant Superintendent, Policy and Communications, Department of Education, (804) 225-2403, FAX (804) 225-2524, or email anne.wescott@doe.virginia.gov.

TITLE 12. HEALTH

DEPARTMEN OF MEDICAL ASSISTANCE

12VAC30-10. State Plan Under Title XIX of the Social Security Act Medical Assistance Program; General Provisions (amending 12VAC30-10-560).

12VAC30-20. Administration of Medical Assistance Services (adding 12VAC30-20-141; repealing 12VAC30-20-140).

Written public comment may be submitted until November 14, 2008.

The proposed amendments update and clarify the current regulations regarding Medicaid estate recovery carried out by the Department of Medical Assistance Services.This regulatory action more closely reflects current agency practice based upon language provided by the federal Medicaid agency, the Centers for Medicare and
Medicaid Services, in its guidance document publication titled "State Medicaid Manual." This change repeals 12VAC30-20-140 (Estate Recoveries) in order to repromulgate this section in a restructured and revised format as 12VAC30-20-141. This regulatory action will add new definitions for "cost effective" and "homestead
of modest value." The definitions for "estate" and "applicable medical payments" will be deleted from 12VAC30-10-560 and moved into new 12VAC30-20-141. This revision also includes the exemption from Medicaid estate recovery for American Indian/Alaska Native income, resources and property as defined in the federal State Medicaid Manual. Consistent with the State Medicaid Manual, assets or resources that were disregarded due to an authorized State Long-Term Medicaid Insurance Partnership policy are being exempted from estate recovery actions.

For more information, please contact Kathy Colley, Fiscal Division, Department of Medical Assistance Services, (804) 786-3839, FAX (804) 786-1680, or email kathy.colley@dmas.virginia.gov.

12VAC30-60. Standards Established and Methods Used to Assure High Quality Care (adding 12VAC30-60-500).

Written public comment may be submitted until November 14, 2008.

The proposed amendments establish a voluntary alternative benefit package (known as the Healthy ReturnsSM program) that combines traditional Medicaid services with comprehensive disease management (DM) services. Previous emergency regulations provided that (i) both adults and children in fee-for-service who are determined to have asthma and diabetes could participate in this program and (ii) individuals 21 years and older having coronary artery disease (CAD), congestive heart failure (CHF), and chronic obstructive pulmonary disease (COPD) were eligible for the Healthy ReturnsSM program. The substantive change recommended in the proposed regulations is to drop the age limit of 21 years for CHF, CAD, and COPD to age18 years and older.

For more information, please contact Meredith Lee, Health Care Services Division, Department of Medical Assistance Services, (804) 786-5040, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.

12VAC30-120. Waivered Services (amending 12VAC30-120-370, 12VAC30-120-380).

Written public comment may be submitted until November 14, 2008.

This proposed change, generally referred to as Phase I of the Integration of Acute and Long-Term Care, will permit persons who become newly enrolled home-based and community-based care (CBC) waiver recipients (HIVAIDS, Individual and Family Developmental Disabilities Support (IFDDS), Mental Retardation (MR), Elderly or Disabled with Consumer Direction (EDCD), Day Support, and Alzheimer’s Waiver programs) to retain their enrollment in their managed care organization for purposes of obtaining needed acute medical care. Excluded from this change will be persons newly admitted to the Technology Assisted waiver, to nursing facilities, and those persons who become dual eligibles (eligible for both Medicare and Medicaid). Prior to the agency’s current emergency regulation, these persons have been disenrolled from their managed care organization (once they qualify for certain CBC waivers) and have been required to seek needed acute care services in the unmanaged fee-for-service environment. The persons who will be affected by this change will have their home-based and community-based waiver services, including necessary transportation to waiver services, reimbursed by the Department of Medical Assistance Services (DMAS) through a fee-for-service mechanism. The managed care organizations will be financially responsible for these affected persons’ acute medical care.

For more information, please contact Adrienne Fegans, Program Operations Administrator, Department of Medical Assistance Services, (804) 786-4112, FAX (804) 786-1680, or email adrienne.fegans@dmas.virginia.gov.

TITLE 14. INSURANCE

STATE CORPORATION COMMISSION

14VAC5-323. Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values (adding 14VAC5-323-10 through 14VAC5-323- 70).

A public hearing will be held upon request. Written public comment may be submitted until November 14, 2008.

The proposed regulation increases the reserves required for preneed insurance policies by not allowing the 2001 Commissioners Standard Ordinary Mortality Table to be used (mandatory after January 1, 2012) and instead requiring that reserves be based on the older Commissioners 1980 Standard Ordinary Life Valuation Mortality Table. The proposed regulation is based on the Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values Model Regulation (Model), which was adopted by the National Association of Insurance Commissioners in March 2008. The higher reserves may qualify as tax reserves (tax deductible) per the Internal Revenue Code if 26 states adopt the Model by January 1, 2009.

For more information, please contact Raquel Pino-Moreno, Principal Insurance Analyst, State Corporation Commission, Insurance Bureau, (804) 371-9499, FAX (804) 371-9511, or mail raquel.pino-moreno@scc.virginia.gov.

TITLE 16. LABOR AND EMPLOYMENT

SAFETY AND HEALTH CODES BOARD

16VAC25-90. Federal Identical General Industry Standards (29 CFR Part 1910)

(repealing 16VAC25-90-1910.269 (p)(1)(ii)). 16VAC25-97. Reverse Signal Operation Safety Requirements for Motor Vehicles, Machinery and Equipment in General Industry and the Construction Industry (adding 16VAC25-97-10 through 16VAC25-97-70).

16VAC25-175. Federal Identical Construction Industry Standards (29 CFR Part 1926) (repealing 16VAC25-175-1926.601 (b)(4), 16VAC25-175-602 (a)(9)(ii), 16VAC25- 175-1926.952 (a)(3).

Extension of Public Comment Period

The Safety and Health Codes Board noticed an initial public comment period on the above-referenced proposed regulations (16VAC25-97) in the August 20, 2007, issue of the Virginia Register of Regulations (23:25 VA.R. 4347-4351 August 20, 2007). However, a number of comments were received after the close of the initial comment period and the board noticed a second public comment period on this regulation in the April 14, 2008, issue of the Virginia Register (24:16 VA.R. 2291 April 14, 2008).

Following the close of the second comment period, extensive changes were made to the text of the proposed regulation. Therefore, the board has issued a third 30-day comment period that will begin on September 29, 2008, and end on October 29, 2008.

For more information, please contact Jay Withrow, Department of Labor and Industry, jay.withrow@doli.virginia.gov.

16VAC25-90. Federal Identical General Industry Standards (repealing 16VAC25-90-1910.151).

16VAC25-95. Medical Services and First Aid Standards for General Industry (adding 16VAC25-95-10).

16VAC25-175. Federal Identical Construction Industry Standards (repealing 16VAC25-175-1926.50).

16VAC25-177. Medical Services and First Aid Standards for the Construction Industry (adding 16VAC25-177-10).

Written public comment may be submitted until 5 p.m. on November 29, 2008.

The proposed amendments change the medical services and first aid regulations for general industry and for the construction industry such that in high hazard industries and on worksites containing job classifications or workplace hazards that could potentially expose employees to serious physical harm or death, employers must designate and train at least one employee during all work shifts to render immediate first aid and cardiopulmonary resuscitation (CPR). The person or persons would have to have a valid, current certificate in first aid and CPR training from the U.S. Bureau of Mines, the American Red Cross, or equivalent training that can be verified by documentary evidence. Alternatively, an employer would be allowed to make written arrangements with and reasonably rely on another contractor or employer on the same job site to provide the first aid/CPR-trained employees. The proposed amendment would not apply to worksites containing job classifications or workplace hazards that do not expose employees to serious physical harm or death (e.g., office settings).

For more information, please contact Regina P. Cobb, Agency Management Analyst Senior, Department of Labor and Industry, (804) 786-0610, FAX (804) 786-8418, or email regina.cobb@doli.virginia.gov.

VIRGINIA WORKERS' COMPENSATION COMMISSION

16VAC30-90. Procedural Regulations for Filing First Reports Under the VirginiaWorkers' Compensation Act (repealing 16VAC30-90-10 through 16VAC30-90-80).

16VAC30-91. Claims Reporting (adding 16VAC30-91-10, 16VAC30-91-20, 16VAC30-91-30).

Written public comment may be submitted until 5 p.m. on November 14, 2008.

This action repeals 16VAC30-90 and promulgates 16VAC30-91 to conform the electronic filing method for mandatory reports to the commission to the industry standard for such reports.

For more information, please contact Matthew Bryant, Director, Technology Alignment Program, Virginia Workers' Compensation Commission, (804) 367-2253, FAX (877) 432-5423, or email matthew.bryant@vwc.state.va.us.

TITLE 22. SOCIAL SERVICES

STATE BOARD OF SOCIAL SERVICES

22VAC40-705. Child Protective Services (amending 22VAC40-705-10, 22VAC40-705-30, 22VAC40-705-40, 22VAC40-705-50, 22VAC40-705-70, 22VAC40-705-80, 22VAC40-705-120, 22VAC40-705-140, 22VAC40-705-150, 22VAC40-705-180).

Written public comment may be submitted until October 17, 2008.

These proposed amendments incorporate current Code of Virginia requirements and clarify existing regulations. These changes include (i) expanding the definitions of physical and medical neglect, (ii) clarifying the use of state criminal history searches in child protective services investigations, (iii) clarifying the requirement to electronically record victim interviews and the exceptions to that requirement, (iv) revising the length of time local departments have to validate a report or complaint, and (v) amending training requirements.

For more information, please contact Nan McKenney, Child Protective Services Policy Supervisor, Department of Social Services, Division of Family Services, (804) 726-7569, FAX (804) 726-7895, or email nan.mckenney@dss.virginia.gov.

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