Title of Regulation: 12VAC30-120. Waivered Services (adding 12VAC30-120-1000 through 12VAC30-120-1090; repealing 12VAC30-120-211 through 12VAC30-120-249).

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Effective Dates: October 29, 2009, through April 28, 2011.

Pursuant to § 2.2-4011 of the Code of Virginia, the Department of Medical Assistance Services requested an extension of the above-referenced emergency regulation to complete the requirements of the Administrative Process Act. The emergency regulations were published in 26:6 VA.R. 619-654 November 23, 2009 (http://register.dls.virginia.gov/vol26/iss06/v26i06.pdf).

The Department of Medical Assistance Services (DMAS) has completely rewritten its large set of regulations for the mental retardation/intellectual disability waiver. This significant regulatory project was conducted in collaboration with the Department of Behavioral Health and Developmental Services, which has daily administrative authority for this waiver. For the two agencies to reach consensus on all aspects of regulatory wording for this project, the agencies held numerous meetings of small work groups of representatives from both agencies over a time span of several months. In addition, DMAS worked with representatives and advocates in the intellectual disability community to obtain their feedback over these changes and incorporate them to the extent possible. Further research into existing policies and statutes was required to reach consensus on numerous issues. Because of the number of parties involved and the size and scope of the regulatory changes, this project has required a significant amount of time beyond that provided for in the ordinary regulatory cycle.

The Governor approved the department's request to extend the expiration date of the emergency regulation for six months as provided for in § 2.2-4011 D of the Code of Virginia. Therefore, the regulations will continue in effect through April 28, 2011.

Agency Contact: Helen Leonard, Long Term Care Division, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 786-2149, FAX (804) 786-1680, or email helen.leonard@dmas.virginia.gov.