REGULATIONS
Vol. 28 Iss. 6 - November 21, 2011

TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Chapter 120
Final Regulation

REGISTRAR'S NOTICE: The Department of Medical Assistance Services is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Department of Medical Assistance Services will receive, consider, and respond to petitions from any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 12VAC30-120. Waivered Services (adding 12VAC30-120-925).

Statutory Authority: §§ 32.1-324 and 32.1-325 of the Code of Virginia.

Effective Date: January 1, 2012.

Agency Contact: Brian McCormick, Regulatory Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-8856, FAX (804) 786-1680, or email brian.mccormick@dmas.virginia.gov.

Summary:

The amendment permits individuals with special needs who are enrolled in the Elderly and Disabled with Consumer Direction Waiver and who have a diagnosis of intellectual disability to be eligible to receive respite services in children’s residential facilities that are licensed for respite services for children with intellectual disability. The amendment is mandated by Item 297 WWWW of Chapter 890 of the 2011 Acts of Assembly.

12VAC30-120-925. Respite coverage in children's residential facilities.

A. Individuals with special needs who are enrolled in the EDCD waiver and who have a diagnosis of intellectual disability (ID) shall be eligible to receive respite services in children's residential facilities that are licensed for respite services for children with ID.

B. These respite services shall be covered consistent with the requirements of 12VAC30-120-925 or 12VAC30-120-960, whichever is in effect at the time of service delivery.

VA.R. Doc. No. R12-2948; Filed October 25, 2011, 10:55 a.m.