NOTICES OF INTENDED REGULATORY ACTION
Vol. 32 Iss. 10 - January 11, 2016

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Regulations Relating to Private Security Services Businesses
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Criminal Justice Services Board intends to consider amending 6VAC20-172, Regulations Relating to Private Security Services Businesses, and 6VAC20-174, Regulations Relating to Private Security Services Registered Personnel. The purpose of the proposed action is to amend the regulations to allow for licensed private security services businesses licensed by the Department of Criminal Justice Services (DCJS) to independently contract with private investigators and personal protection specialists registered with DCJS. Additionally, the proposed amendments will require that every registered personal protection specialist and private investigator hired as an independent contractor maintain comprehensive general liability insurance in the amount to be determined by DCJS and provide evidence of such insurance to the business with which they are contracting. The changes will address the requirements of Chapter 202 of the 2015 Acts of Assembly, which became effective July 1, 2015.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 9.1-102 and 9.1-141 of the Code of Virginia.

Public Comment Deadline: February 10, 2016.

Agency Contact: Barbara Peterson-Wilson, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 225-4503, FAX (804) 786-0410, or email barbara.peterson-wilson@dcjs.virginia.gov.

VA.R. Doc. No. R16-4548; Filed December 10, 2015, 4:19 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Regulations Relating to Private Security Services Registered Personnel
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Criminal Justice Services Board intends to consider amending 6VAC20-172, Regulations Relating to Private Security Services Businesses, and 6VAC20-174, Regulations Relating to Private Security Services Registered Personnel. The purpose of the proposed action is to amend the regulations to allow for licensed private security services businesses licensed by the Department of Criminal Justice Services (DCJS) to independently contract with private investigators and personal protection specialists registered with DCJS. Additionally, the proposed amendments will require that every registered personal protection specialist and private investigator hired as an independent contractor maintain comprehensive general liability insurance in the amount to be determined by DCJS and provide evidence of such insurance to the business with which they are contracting. The changes will address the requirements of Chapter 202 of the 2015 Acts of Assembly, which became effective July 1, 2015.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 9.1-102 and 9.1-141 of the Code of Virginia.

Public Comment Deadline: February 10, 2016.

Agency Contact: Barbara Peterson-Wilson, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 225-4503, FAX (804) 786-0410, or email barbara.peterson-wilson@dcjs.virginia.gov.

VA.R. Doc. No. R16-4548; Filed December 10, 2015, 4:19 p.m.
TITLE 12. HEALTH
Amount, Duration, and Scope of Medical and Remedial Care and Services
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medical Assistance Services intends to consider amending 12VAC30-120, Waivered Services, and 12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care and Services. The purpose of the proposed action is to consider standardizing the requirements for qualifications, education, and training for consumer-directed service facilitators across the waivers that require service facilitators (SFs) to ensure the health, safety, and welfare of Medicaid home and community-based waiver enrollees. The proposed amendments include the following: (i) SFs who are not licensed nurses are required to advise, with the permission of the waiver individuals, the primary health care provider that services are being provided; (ii) SFs are required to have sufficient knowledge, skills, and abilities to perform the activities that are required of them; (iii) SFs must have a satisfactory work record and submit to a criminal background check; (iv) SFs must submit to a check of the Department of Social Services Child Protective Services Central Registry; (v) SFs must not be debarred, suspended, other otherwise excluded from participating in this federal health care program; (vi) new SFs, must have, at a minimum, an associate's degree in a health or human services field or be a registered nurse currently licensed in the Commonwealth and possess a minimum of two years of satisfactory direct care experience or hold a bachelor's degree or higher in a non-health or human services field and have at least three years of satisfactory direct care experience; (vii) SFs must complete the DMAS-approved consumer-directed services facilitator training and pass the corresponding competency assessment with at least a score of 80%; and (viii) SFs must have access to a computer with secure Internet access.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: February 10, 2016.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

VA.R. Doc. No. R16-3805; Filed December 17, 2015, 3:05 p.m.
TITLE 12. HEALTH
Standards Established and Methods Used to Assure High Quality Care
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medical Assistance Services intends to consider amending 12VAC30-60, Standards Established and Methods Used to Assure High Quality Care, and 12VAC30-141, Family Access to Medical Insurance Security Plan. The purpose of the proposed action is to consider standardizing (i) the utilization review process for all provider types, including the deadlines for providers to submit documentation, (ii) documentation deadlines for the cost settlement process, and (iii) the audit process, including what letters are sent to providers, what documentation may be submitted and when it may be submitted, and what deadlines apply. The proposed action is intended to conform the Medicaid and Family Access to Medical Insurance Security Plan utilization review regulations to decisions of the Virginia Court of Appeals in 1st Stop Health Services, Inc. vs. DMAS, 63 Va. App. 266, 756 S.E.2d 183 (2014) and DMAS v. Ablix Corporation, 2015 Va. App. LEXIS 82 (March 17, 2015).

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: February 10, 2016.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

VA.R. Doc. No. R16-4492; Filed December 11, 2015, 12:32 p.m.
TITLE 12. HEALTH
Waivered Services
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medical Assistance Services intends to consider amending 12VAC30-120, Waivered Services, and 12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care and Services. The purpose of the proposed action is to consider standardizing the requirements for qualifications, education, and training for consumer-directed service facilitators across the waivers that require service facilitators (SFs) to ensure the health, safety, and welfare of Medicaid home and community-based waiver enrollees. The proposed amendments include the following: (i) SFs who are not licensed nurses are required to advise, with the permission of the waiver individuals, the primary health care provider that services are being provided; (ii) SFs are required to have sufficient knowledge, skills, and abilities to perform the activities that are required of them; (iii) SFs must have a satisfactory work record and submit to a criminal background check; (iv) SFs must submit to a check of the Department of Social Services Child Protective Services Central Registry; (v) SFs must not be debarred, suspended, other otherwise excluded from participating in this federal health care program; (vi) new SFs, must have, at a minimum, an associate's degree in a health or human services field or be a registered nurse currently licensed in the Commonwealth and possess a minimum of two years of satisfactory direct care experience or hold a bachelor's degree or higher in a non-health or human services field and have at least three years of satisfactory direct care experience; (vii) SFs must complete the DMAS-approved consumer-directed services facilitator training and pass the corresponding competency assessment with at least a score of 80%; and (viii) SFs must have access to a computer with secure Internet access.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: February 10, 2016.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

VA.R. Doc. No. R16-3805; Filed December 17, 2015, 3:05 p.m.
TITLE 12. HEALTH
Family Access to Medical Insurance Security Plan
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medical Assistance Services intends to consider amending 12VAC30-60, Standards Established and Methods Used to Assure High Quality Care, and 12VAC30-141, Family Access to Medical Insurance Security Plan. The purpose of the proposed action is to consider standardizing (i) the utilization review process for all provider types, including the deadlines for providers to submit documentation, (ii) documentation deadlines for the cost settlement process, and (iii) the audit process, including what letters are sent to providers, what documentation may be submitted and when it may be submitted, and what deadlines apply. The proposed action is intended to conform the Medicaid and Family Access to Medical Insurance Security Plan utilization review regulations to decisions of the Virginia Court of Appeals in 1st Stop Health Services, Inc. vs. DMAS, 63 Va. App. 266, 756 S.E.2d 183 (2014) and DMAS v. Ablix Corporation, 2015 Va. App. LEXIS 82 (March 17, 2015).

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: February 10, 2016.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

VA.R. Doc. No. R16-4492; Filed December 11, 2015, 12:32 p.m.
TITLE 16. LABOR AND EMPLOYMENT
Rules of the Virginia Workers' Compensation Commission
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Workers' Compensation Commission intends to consider amending 16VAC30-50, Rules of the Virginia Workers' Compensation Commission. The purpose of the proposed action is to reduce the number of communities for the purposes of determining the liability of employers and insurers for the cost of medical services rendered to injured workers pursuant to § 65.2-605 of the Code of Virginia from 15 communities based on Planning District Commission Districts to five communities based on Health Planning Districts and geographic contiguity.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 65.2-201 of the Code of Virginia.

Public Comment Deadline: February 10, 2016.

Agency Contact: Jim Szablewicz, Chief Deputy Commissioner, Virginia Workers' Compensation Commission, 1000 DMV Drive, Richmond, VA 23030, telephone (804) 367-8664, or email james.szablewicz@workcomp.virginia.gov.

VA.R. Doc. No. R16-4565; Filed December 11, 2015, 4:15 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Social Work
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Social Work intends to consider amending 18VAC140-20, Regulations Governing the Practice of Social Work. The purpose of the proposed action is to (i) require submission of an application for licensure within two years of completion of supervised experience; (ii) require registration of supervision whenever there is a change in the supervisor, the supervised practice, or clinical services or location; and (iii) add romantic relationships with clients as grounds for unprofessional conduct.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Comment Deadline: February 10, 2016.

Agency Contact: Jaime Hoyle, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4406, FAX (804) 527-4435, or email jaime.hoyle@dhp.virginia.gov.

VA.R. Doc. No. R16-4574; Filed December 11, 2015, 12:59 p.m.
TITLE 22. SOCIAL SERVICES
General Procedures and Information for Licensure
Withdrawal of Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services has WITHDRAWN the Notice of Intended Regulatory Action regarding the repeal of 22VAC40-80, General Procedures and Information for Licensure, and the promulgation of a comprehensive new regulation 22VAC40-81, General Information and Procedures for Licensure, which was published in 31:22 VA.R. 1896 June 29, 2015. The need for additional review and revision of the proposed regulation was identified. The board intends to initiate a new action at a future time.

Agency Contact: Janice Sigler, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7901, FAX (804) 726-7132, or email jan.sigler@dss.virginia.gov.

VA.R. Doc. No. R15-4418; Filed December 11, 2015, 11:49 a.m.
TITLE 22. SOCIAL SERVICES
General Information and Procedures for Licensure
Withdrawal of Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services has WITHDRAWN the Notice of Intended Regulatory Action regarding the repeal of 22VAC40-80, General Procedures and Information for Licensure, and the promulgation of a comprehensive new regulation 22VAC40-81, General Information and Procedures for Licensure, which was published in 31:22 VA.R. 1896 June 29, 2015. The need for additional review and revision of the proposed regulation was identified. The board intends to initiate a new action at a future time.

Agency Contact: Janice Sigler, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7901, FAX (804) 726-7132, or email jan.sigler@dss.virginia.gov.

VA.R. Doc. No. R15-4418; Filed December 11, 2015, 11:49 a.m.
TITLE 22. SOCIAL SERVICES
Temporary Assistance for Needy Families (TANF)
Withdrawal of Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services has WITHDRAWN the Notice of Intended Regulatory Action for 22VAC40-295, Temporary Assistance for Needy Families (TANF), which was published in 30:21 VA.R. 2501 June 16, 2014.

Agency Contact: Bridget Shelmet, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7144, FAX (804) 726-7357, or email bridget.shelmet@dss.virginia.gov.

VA.R. Doc. No. R14-4065; Filed December 11, 2015, 11:46 a.m.