GENERAL NOTICES/ERRATA
Vol. 35 Iss. 7 - November 26, 2018

STATE AIR POLLUTION CONTROL BOARD

Public Hearing and Public Comment on the State Operating Permit

Purpose of notice: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public hearing on three proposed permits to limit air pollution emitted by facilities in Northern Virginia. The Commonwealth intends to submit the permits as revisions to its state implementation plan (SIP) in accordance with the requirements of § 110(a) of the federal Clean Air Act.

Permit name: State Operating Permit, issued by DEQ under the authority of the State Air Pollution Control Board.

Affected facilities: 1) Covanta Alexandria/Arlington, 2) Covanta Fairfax, and 3) Dominion Possum Point.

Description of proposal: The proposed revision for each facility consists of a determination of reasonably available control technology (RACT) for the control of emissions of nitrogen oxides (NOX) and volatile organic compounds (VOC), as applicable, in support of the 2008 ozone national ambient air quality standard (NAAQS).

Public comment period: November 6, 2018, to December 21, 2018.

Public hearing: Conference Room, Northern Regional Office, 13901 Crown Court, Woodbridge, VA at 10 a.m. on December 6, 2018.

How to comment: Written comments must include the full name, address, and telephone number of the person commenting and be received by DEQ on the last day of the comment period. Both oral and written comments are accepted at the public hearing. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. All materials received are part of the public record.

To review proposal: The proposal and supporting documents will be available on the DEQ Air Public Notices for Plans website at http://www.deq.virginia.gov/Programs/Air
/PublicNotices/airplansandprograms.aspx
by November 6, 2018. The documents may also be obtained by contacting the DEQ representative named below. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:

1) Main Street Office, 1111 East Main Street, Richmond, VA, telephone (804) 698-4070 and

2) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800.

Contact Information: James LaFratta, Air Permit Manager, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3928, FAX (703) 583-3821, or email james.lafratta@deq.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Air Pollution Control Board conducted a small business impact review of 9VAC5-80, Permits for Stationary Sources, and determined that this regulation should be retained in its current form. The State Air Pollution Control Board is publishing its report of findings dated October 1, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed. It provides sources with the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality. The regulation's level of complexity is appropriate to ensure that the regulated entities are able to meet their legal mandates as efficiently and cost-effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation.

Part I and Article 6 of Part II of 9VAC5-80 were last reviewed in 2014. Articles 4 and 5 of Part II of the regulation were last reviewed in 2013. Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions.

The department, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.

Contact Information: Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4319, or email gary.graham@deq.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Air Pollution Control Board conducted a small business impact review of 9VAC5-520, Biomass Energy Generator General Permit for a Pilot Test Facility, and determined that this regulation should be retained in its current form. The State Air Pollution Control Board is publishing its report of findings dated October 2, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed. It provides sources with the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality. No comments were received that indicate a need to repeal or revise this regulation. The regulation's level of complexity is appropriate to ensure that the regulated entity is able to meet its legal mandate as efficiently and cost-effectively as possible.

This regulation does not overlap, duplicate, or conflict with any state law or other state regulation.

This regulation became effective in 2011. Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions.

The department, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.

Contact Information: Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4319, or email gary.graham@deq.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Air Pollution Control Board conducted a small business impact review of 9VAC5-530, Electric Generator Voluntary Demand Response General Permit, and determined that this regulation should be retained in its current form. The State Air Pollution Control Board is publishing its report of findings dated October 2, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed. It provides sources with the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality. No comments were received that indicate a need to repeal or revise this regulation. The regulation's level of complexity is appropriate to ensure that the regulated entity is able to meet its legal mandate as efficiently and cost-effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation.

This regulation became effective in 2011. Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions.

The department, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.

Contact Information: Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4319, or email gary.graham@deq.virginia.gov.

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Proposed Variances to Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of the Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115), hereafter referred to as the "Human Rights Regulations," is announcing an opportunity for public comment on the application for proposed variances to the Human Rights Regulations. The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.

Each variance application references the specific part of 12VAC35-115-220 to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Each application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. After considering all available information including comments, DBHDS intends to submit a written decision deferring, disapproving, modifying, or approving each variance renewal application. All variances shall be approved for a specific time period. The decision and reasons for variance will be published in the Virginia Register of Regulations.

Purpose of notice: DBHDS is seeking comment on the application for proposed new variances to the Human Rights Regulations for the DBHDS facility, Western State Hospital (WSH).

Variance to Procedures for Behavior Treatment Plans:

12VAC35-115-105 H: Providers shall not use seclusion in a behavioral treatment plan.

Variance to Procedures for Behavior Treatment Plans and Use of Seclusion, Restraint, and Time Out:

12VAC35-115-110 C 3: Only residential facilities for children that are licensed under the Regulations for Children's Residential Facilities (12VAC35-46) and inpatient hospitals may use seclusion and only in an emergency.

Explanation: The requested variances will allow WSH to place an individual in an environment of seclusion, at his request, and not as related to an emergency, in order to prevent self-injurious harm to the individual and to the staff members responsible for his care.

Variances to these regulations by WSH are reviewed by the State Human Rights Commission (SHRC) at least annually, with reports to the SHRC regarding the variances as requested.

Public comment period: November 26, 2018, through December 26, 2018.

Description of proposal: The proposed variance applications for renewal must comply with the general requirements of Part VI, Variances (12VAC35-115-220), of the Human Rights Regulations.

How to comment: DBHDS accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DBHDS by the last day of the comment period. All information received is part of the public record.

To review a proposal: Variance applications and any supporting documentation may be obtained by contacting the DBHDS representative named below.

Contact Information: Deborah Lochart, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0032, FAX (804) 804-371-2308, TDD (804) 371-8977, or email deb.lochart@dbhds.virginia.gov.

STATE CORPORATION COMMISSION

Bureau of Insurance

October 1, 2018

Administrative Letter 2018-05

To: All Insurers Licensed and Recognized in Virginia

Re: Assessment Practices and Procedures

Replacement of Administrative Letter 2015-11

The provisions of this administrative letter replace Administrative Letter 2015-11.

The State Corporation Commission Bureau of Insurance (Bureau) has developed a new online Company Assessment Filing Portal (Portal) for the electronic submission of your special assessment filings and payments. Effective January 1, 2019, you are required to submit your assessment filing electronically via the Portal. The submission and the payment is due annually on March 1. Please visit the Bureau's website at http://www.scc.virginia.gov/boi/co/assess/filing.aspx to access the Portal. There is an Assessable Premium Questionnaire and Worksheet which will assist you in completing your electronic filing submission.

Each insurer is responsible for consulting this online resource to file and pay their required assessments. In addition, the Bureau will no longer provide assessment forms to software companies. However, software companies will be provided the Assessable Premium Questionnaire and Worksheet to continue to provide assistance to insurers in the completion of their filings.

Electronic payments are permitted but not required. Checks submitted without a payment voucher cannot be processed by the bank and will be returned to the insurer for proper filing. Late payment and filing penalties plus interest will apply to all submissions and resubmissions made after the March 1 due date. If you do not have access to the internet, please call the Administrative Revenue Management Division at (804) 371-9333.

Questions regarding this letter may be directed to Keith D. Kelley, Administrative Revenue Management Division, Supervisor, State Corporation Commission, telephone (804) 371-9333, or email keith.kelley@scc.virginia.gov.

/s/ Scott A. White
Commissioner of Insurance

 

* * *

October 30, 2018

Administrative Letter 2018-07

TO: All Licensed Property and Casualty Insurers except Those Licensed Exclusively to Write Workers' Compensation, Licensed Rate Service Organizations and All Interested Parties

Re: Participating Insurers Allowed to either Adopt Rate Service Organization (RSO) Filings or Authorize an RSO to "File on Behalf Of"

The Bureau of Insurance (Bureau) announces that, effective immediately, participating insurers will be allowed the option to adopt materials filed by an RSO as an alternative to authorizing an RSO to file materials on their behalf. A participating insurer is defined as a member or subscriber of an RSO.

The option to adopt an RSO filing eliminates (i) the need to authorize an RSO to file materials on the insurer's behalf and (ii) the need for an insurer to physically file RSO materials as an alternative to authorizing the RSO to file on the insurer's behalf.

There is no change to the current filing requirements for RSOs. In other words, RSO filings can be submitted as either "filed on behalf of" or "advisory."

The Bureau has updated the SERFF General Instructions with information for insurers to use if they choose to use this adoption process for RSO filings. Insurers are permitted to adopt a particular RSO filing or to adopt an entire RSO program or product. The SERFF General Instructions also contain the requirements that insurers need regarding the "filed on behalf of" process. An attachment to this letter provides general guidance regarding these filings. However, since changes occur to filing requirements, the Bureau encourages all insurers to visit the SERFF General Instructions frequently to ensure that they are using the most current filing instructions and for announcements of changes in filing requirements.

Insurer Action for Adoption of RSO Filing:

To administer the adoption process, the Bureau has established procedures for an insurer to follow. For a participating insurer that has NOT authorized an RSO to file on its behalf, and wants to adopt a particular filing of forms, endorsements, rules, relativities and supplementary rating information that has been filed by the RSO and acknowledged, the following procedures apply.

 


IF: 

THEN: 

the insurer decides NOT to adopt an RSO's filing,

the insurer does NOT file anything with the Bureau.

the insurer decides to adopt an RSO's filing,

the insurer must notify the Bureau, in writing, of its intentions to adopt the RSO's filing and the effective date of the adoption. Notification to the Bureau must be prior to the effective date of the adoption.

the insurer must adopt more than one RSO filing to have a complete program,

the insurer is required to submit a list of the RSO filing reference numbers needed to represent the RSO's complete program OR the adoption may state that it applies to all reference filings "up to and including" a specific reference filing for the applicable RSO program/product. The insurer must provide an effective date for the adoption.

the insurer decides to adopt an RSO's filing with modifications.

the insurer must notify the Bureau, in writing, of its intentions to adopt the RSO's filing, the effective date of the adoption, AND submit the modifications for the Bureau's review. Acceptable modifications include, but are not limited to, exceptions to an RSO's filed rule or additional endorsements. Depending on the modifications, insurers should be mindful of the effective date to give adequate time to implement the filing once the modifications are approved.

the insurer decides to adopt only a portion of an RSO's filing.

the Bureau will only accept adoption requests of an RSO's entire filing. If an insurer decides to adopt only a portion of an RSO's filing, the insurer is required to physically file the portion instead of a request to adopt.


Insurer Action when RSO Files on Behalf of:

When a participating insurer has authorized an RSO to file on its behalf, and a new RSO filing has been filed and acknowledged by the Bureau, the following procedures apply.

IF: 

THEN:

the insurer decides to use the materials and effective date as filed,

the insurer does NOT file anything with the Bureau.

 

the insurer decides to use the materials as filed BUT with a different effective date,

the insurer must notify the Bureau in writing of its effective date on or before the RSO's effective date.

the insurer decides not to use the materials,

the insurer must notify the Bureau on or before the RSO's effective date of its decision not to implement the RSO's filing.

the insurer decides to use the materials with modifications,

the insurer must notify the Bureau, in writing, of its intentions to adopt the RSO's filing, the effective date of the adoption, AND submit the modifications for the Bureau's review.


The following list of questions and answers provides guidance regarding adoption of an RSO's filing(s).

1. Will an insurer that is not a participating insurer of an RSO be allowed to adopt an RSO's Filing?

No.

2. Will RSOs still be allowed to "file on behalf of" their participating insurers?

Yes. It is important to note that no changes are being made to the "file on behalf of" process that RSOs currently utilize.

3. Can a participating insurer use the adoption process outlined in this administrative letter to adopt materials that were submitted by an RSO on a "file on behalf of" basis?

Yes.

4. What information is important for an RSO's participating insurer to know regarding the difference(s) between an RSO's "file on behalf of" authorization and the adoption process? 

With regard to the adoption of an RSO's filing, the only way that a participating insurer can adopt a reference filing is for the insurer to take specific and necessary actions, which include (i) notifying the Bureau of the insurer's intention to adopt the reference filing, (ii) providing the RSO's reference filing number, and (iii) providing an implementation/effective date.

5. Will this change affect filing of an adoption of an RSO Advisory Filing?

No. Administrative Letter 2011-07 continues to apply to Advisory Filings.

6. Can the Advisory Filing Adoption Form (AFAF-1) provided in Administrative Letter 2011-07 be used to adopt a filing that has been submitted by the RSO as "filed on behalf of"?

No, insurers must use the instructions in this letter to "adopt" a filing that an RSO has submitted as "filed on behalf of."

7. Will this affect the filing of advisory loss costs by an RSO?

No. Administrative Letter 2010-05 (workers' compensation loss costs) and Administrative Letter 2006-16 (other than workers' compensation loss costs) apply to advisory loss costs.

8. Are participating insurers required to notify the Bureau if they intend to adopt subsequent revisions to an RSO Filing?

Yes. Participating insurers must notify the Bureau and provide a future implementation/effective date every time they decide to adopt an RSO's reference filing or any subsequent revisions of an RSO's reference filing.

Questions about this administrative letter should be directed to the Property and Casualty Division's Rates and Forms Sections at (804) 371-9965.

/s/ Scott A. White
Commissioner of Insurance

Attachment:

Information required when adopting an RSO program

The Bureau requires certain information from insurers that prefer to adopt a particular RSO's filing or an entire program or product instead of authorizing the RSO to file on their behalf.

Instructions for adoption of one or more specific RSO filings for the same program or product:

• If a participating insurer wants to adopt one or more specific RSO filings for the same program or product, the following information is required:

○ RSO's name,

○ RSO filing number(s),

○ program/product name,

○ program/product description(s), and

○ insurer's effective/implementation date.

• If a participating insurer wants to adopt a complete program or product filed by an RSO, the following information is required:

○ RSO's name,

○ a list of all the RSO filing number(s) for the program/product,

○ program/product name,

○ program/product description(s), and

○ insurer's effective/implementation date.

OR

○ RSO's name

○ program/product name,

○ a statement that the adoption filing applies to all reference filings "up to and including" a specific reference filing for the program/product,

○ insurer's effective/implementation date.

* * *

November 1, 2018

Administrative Letter 2018-08

TO: All Carriers Licensed to Write Accident and Sickness Insurance in Virginia, All Health Services Plans and Health Maintenance Organizations Licensed in Virginia, and Interested Parties

RE: Requirements Applicable to Short-Term Limited-Duration (STLD) Insurance Coverage in Virginia

The purpose of this Administrative Letter is to provide guidance to carriers regarding the statutory and regulatory requirements that apply to STLD insurance coverage in Virginia in light of the recent issuance of a final federal rule pertaining to such plans by the U.S. Departments of Health and Human Services, Labor, and Treasury. The final federal rule, which took effect on October 2, 2018, amends the federal definition of STLD insurance coverage to allow such plans to cover an initial period of less than 12 months (i.e., up to 364 days), and to be renewed or extended for a maximum duration of no longer than 36 months in total. This final rule reverses prior federal rules that limited STLD insurance coverage to a maximum duration of three months.

Although STLD insurance coverage that is sold to individuals in the individual market is exempt from the Affordable Care Act's ("ACA") market reforms that are applicable to individual health insurance coverage (e.g., essential health benefit requirements and prohibitions on medical underwriting, preexisting condition exclusions and lifetime and annual limits), such coverage is subject to the requirements outlined in this Administrative Letter under the new final federal rule and under Virginia laws and regulations. Please note that the requirements contained in this Administrative Letter are not exhaustive and that other provisions of the Virginia Administrative Code and of Title 38.2 of the Code of Virginia ("Code") may apply.

The Bureau of Insurance ("Bureau") is currently developing form and rate review checklists to assist carriers as they prepare their STLD insurance product filings to comply with these federal and state requirements and to assist the Bureau in its review of such filings. Additionally, the Bureau has attached two charts to this Administrative Letter that delineate the key differences between traditional ACA health plans and STLD plans, as well as the key requirements pertaining to STLD insurance coverage in Virginia.

Form and Rate Filings

Forms associated with STLD insurance coverage that are issued in Virginia shall be filed with and approved by the Bureau pursuant to § 38.2-316 of the Code. Forms associated with STLD insurance coverage issued outside of Virginia to a group defined in § 38.2-3521.1 of the Code (e.g., to an association or trust) or pursuant to § 38.2-3522.1 of the Code (to a discretionary group), may not be offered to individuals in Virginia unless the carrier submits such forms to the Bureau and the Bureau acknowledges these forms as "Filed" prior to use.

Rates associated with individual STLD insurance coverage shall be filed with and approved by the Bureau in accordance with § 38.2-316.1 of the Code, including rates for coverage issued to individuals in Virginia through a non-employer group such as an association operating either inside or outside Virginia.

Regardless of whether forms or rates have been previously approved by the Bureau or filed with the Bureau for informational purposes, carriers must refile forms and rates associated with STLD insurance coverage to be issued in Virginia on or after January 1, 2019, - or to a Virginia resident, as applicable – and receive approval by the Bureau (if applicable) pursuant to the guidance set forth herein prior to January 1, 2019.

Notices

All STLD insurance policies issued on or after October 2, 2018, must prominently display on the face of the policy and in any application materials in at least 14-point type one of the two notices set forth in 45 CFR § 144.103, depending on whether the coverage begins prior to January 1, 2019, or on or after January 1, 2019. Pursuant to the new final federal rule, carriers must ensure that forms issued on or after October 2, 2018, include such notice and have been filed with and approved by the Bureau, as applicable, prior to their issuance.

Additional Requirements1

General

STLD insurance policies shall be captioned as such (See § 38.2-305 A 2 of the Code).

Renewability and Preexisting Conditions Provisions

Pursuant to § 38.2-3514.2 of the Code, all STLD insurance coverage that: (i) exceeds six months in duration; or (ii) is not more than six months in duration but is medically underwritten, shall be renewable for a maximum duration of 36 months in total. Per § 38.2-3514.2 of the Code, only STLD insurance coverage that is six months or less in duration and not subject to medical underwriting can be nonrenewable.

STLD insurance coverage issued by a health carrier that: (i) exceeds six months in duration; (ii) is not more than six months in duration but is renewable; or (iii) is medically underwritten, shall comply with the requirements of § 38.2-3514.1 of the Code on preexisting conditions.

Covered Benefits

STLD insurance coverage issued by a health maintenance organization ("HMO") in the individual market shall cover basic health care services pursuant to § 38.2-4302 A 2 of the Code. In contrast, STLD insurance coverage issued to an individual by any carrier other than an HMO shall provide, at a minimum, major medical expense coverage (See 14 VAC 5-140-70 E).

STLD insurance coverage that: (i) exceeds six months in duration; or (ii) that is not more than six months in duration but renewable, shall comply with the mandated benefits requirements applicable to accident and sickness insurance policies (See Article 2 of Chapter 34 of Title 38.2 of the Code).

Internal Appeal and External Review

STLD insurance policies issued by a health carrier are subject to Virginia's internal appeal process requirements (See Chapter 35.1 of Title 38.2 of the Code and 14 VAC 5-216-10 et seq.). When used in conjunction with an MCHIP, the Bureau must approve this process (See § 38.2-5804 of the Code).

STLD insurance policies issued by a health carrier shall provide an external review process that complies with Virginia's external review requirements (See Chapter 35.1 of Title 38.2 of the Code and 14 VAC 5-216-10 et seq.).

Any questions concerning this Administrative Letter may be addressed to Elsie Andy, Bureau of Insurance Manager, Rates and Forms Section, Life and Health Division, Bureau of Insurance, telephone (804) 371-9072, or email elsie.andy@scc.virginia.gov.

/s/ Scott A. White
Commissioner of Insurance

_______________________________

1Note that unless otherwise noted, these requirements apply to coverage forms that must be filed with and approved by the Bureau.

Key Differences between Traditional Major Medical (ACA) Health Plans and Short-term Limited-duration Plans

Provision/Attribute

ACA Plans

Short-term Plans

Guaranteed Issue

Must accept any individual who applies for coverage; issuance limited to open enrollment or special enrollment periods

Carriers can deny coverage or exclude certain health conditions based on an applicant's application; issued year-round

Guaranteed Renewable

Coverage is guaranteed renewable regardless of changes in health

Policies issued in-state with an initial term that exceeds 6 months or that is underwritten must be renewable up to 36 months; Policies issued in-state with a term of no more than 6 months and that is not underwritten may be either nonrenewable or renewable up to 36 months. Coverage issued to Virginians through an out-of-state association may be either nonrenewable or renewable up to a maximum of 36 months.

Preexisting Conditions

Cannot exclude coverage for a service related to a preexisting condition

Carriers can issue coverage with a health condition exclusion based on the applicant's application

Dollar Value Limits

Cannot impose daily, annual or lifetime dollar limits on essential health benefits

Carriers can limit the amount they pay on a daily, annual or lifetime basis

Essential Health Benefits

Must cover essential health benefits defined in the ACA

Policies issued in-state must provide a minimum amount of benefits; however, coverage may be issued to Virginians through an out-of-state association without a minimum benefit requirement

Restrictions relating to premium rates

Premiums may only vary based on geography, age, and tobacco use

Premiums may vary based on health status of applicant among other factors

Discrimination based on health status

Premiums may not be increased due to health conditions

Premiums may vary and coverage may not be issued or may be non-renewed based on health status

 

Virginia STLD Insurance Coverage Requirements

 

STLD Policy Issued in VA

Certificate issued to a VA resident through an out-of-state association

Policy Forms

Required to be filed and approved; must be in compliance with applicable state laws

Required to only be filed as long as extraterritoriality applies; not subject to most VA laws

Rates

Required to be filed and approved; must meet minimum loss ratio

Required to be filed and approved; must meet minimum loss ratio

If coverage is:

 

 

Underwritten or > 6 months duration

Must be renewable up to 36 months; All mandated benefits apply (EHB does not apply)

May renew up to 36 months; No requirement to comply with VA mandated benefits

Not underwritten and 6 months or less duration

Some mandated benefits apply

No requirement to comply with VA mandated benefits

DEPARTMENT OF ENVIRONMENTAL QUALITY

Foxhound Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Halifax County

Foxhound Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Clover, pursuant to Virginia regulation. The project is located on the north and south sides of Green Valley Road and east of Mount Laurel Road in northeastern Halifax County (approximate coordinates are 36°52'26" N 78°4'45" W). The project will be sited within roughly 1,400 acres across multiple parcels, although the project footprint will be less than 600 acres. The solar array will connect up to 91 megawatts alternating current to Dominion Virginia Power's grid via a 230-kilovolt transmission line connecting to the Clover substation. The project will deploy approximately 270,000 photovoltaic solar panels on single axis trackers to follow the sun throughout the day.

 

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, or email mary.major@deq.virginia.gov.

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality is conducting a periodic review and small business impact review of each of the regulations listed below. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

9VAC15-40, Small Renewable Energy Projects (Wind) Permit by Rule

9VAC15-70, Small Renewable Energy Projects (Combustion) Permit by Rule

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins November 26, 2018, and ends December 17, 2018.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Medical Assistance Service is conducting a periodic review and small business impact review of each of the regulations listed below. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

12VAC30-100, State Programs

12VAC30-121, Commonwealth Coordinated Care Program

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins November 26, 2018, and ends December 18, 2018.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Jimeequa Williams, Regulatory Coordinator, 600 East Broad Street, Suite 1300, Richmond, VA 23223, telephone (804) 225-3508, FAX (804) 786-1680, or email jimeequa.williams@dmas.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

Notice of Intent to Amend the Virginia State Plan for Medical Assistance pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13))

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80).

This notice is intended to satisfy the requirements of 42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review from Emily McClellan, Policy Planning and Innovation Division, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, or via email at emily.mcclellan@dmas.virginia.gov.

This notice is available for public review on the Virginia Regulatory Town Hall on the General Notices page at https://townhall.virginia.gov/L/generalnotice.cfm.

Reimbursement Changes Affecting the Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80): The state plan is being updated to include text describing the reimbursement methodology for EPSDT Behavioral Therapy Services.

There is no expected increase or decrease in aggregate annual expenditures.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

Notice of Intent to Amend the Virginia State Plan for Medical Assistance pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13))

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80).

This notice is intended to satisfy the requirements of 42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review from Elizabeth Jones, Provider Reimbursement Division, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, or via email at beth.jones@dmas.virginia.gov.

DMAS is specifically soliciting input from stakeholders, providers, and beneficiaries on the potential impact of the proposed changes discussed in this notice. Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Ms. Jones and such comments are available for review at the same address. Comments may also be submitted, in writing, on the Virginia Regulatory Town Hall public comment forum at https://townhall.virginia.gov/L/generalnotice.cfm.

Changes Affecting the Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80): The state plan is being revised to update the average commercial rate (ACR) calculation of supplemental payments for physicians affiliated with Eastern Virginia Medical School effective October 1, 2018. The updated ACR percentage of Medicare is 145%.

The expected increase in annual aggregate expenditures is $45,554 in state fiscal year 2019.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

STATE WATER CONTROL BOARD

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality is conducting a periodic review and small business impact review of each of the regulations listed below. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

9VAC25-91, Facility and Aboveground Storage Tank (AST) Regulation

9VAC25-610, Groundwater Withdrawal Regulations

9VAC25-780, Local and Regional Water Supply Planning

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins November 26, 2018, and ends December 17, 2018.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Environmental Quality conducted a small business impact review of 9VAC25-600, Designated Groundwater Management Areas, and determined that this regulation should be retained in its current form. The Department of Environmental Quality is publishing its report of findings dated October 1, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation establishes groundwater management areas in the Commonwealth and continues to be needed. No public comments were received during the periodic review comment period. This regulation is a state-only regulation, and these standards do not overlap, duplicate, or conflict with federal or state law or regulation. This regulation was last amended in 2014. The groundwater management areas designated in this regulation continue to be beneficial.

Groundwater withdrawals that occur in designated groundwater management areas are subject to a companion regulation - Groundwater Withdrawal Regulations (9VAC25-610). Groundwater withdrawals that occur within designated groundwater management areas may be required to obtain a permit for the withdrawal and be subject to other requirements. These requirements are based on the amount of groundwater withdrawn. Small businesses may choose to limit the amount of groundwater they withdraw to avoid being regulated by the Groundwater Withdrawal Regulations (9VAC25-610) if they are located within a designated groundwater management area.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

Proposed Consent Special Order for 234 Auto & Truck Salvage LLC and 234 Auto Salvage LLC

An enforcement action has been proposed for 234 Auto & Truck Salvage LLC and 234 Auto Salvage LLC for violations at the 234 Auto & Truck Salvage facility in Manassas, Virginia. The State Water Control Board proposes to issue a special order by consent to 234 Auto & Truck Salvage LLC and 234 Auto Salvage LLC to address noncompliance with the State Water Control Law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Carla Pool will accept comments by email at carla.pool@deq.virginia.gov, FAX at (804) 698-4234, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from November 26, 2018, to December 26, 2018.

Proposed Consent Special Order for
Earl Thompson Inc.

An enforcement action has been proposed for Earl Thompson Inc. for alleged violations that occurred at the Preston Park Subdivision at 3040 Sandy Hook Road, Sandy Hook, Virginia. The State Water Control Board proposes to issue a consent special order to Earl Thompson Inc. to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jeff Reynolds will accept comments by email at jefferson.reynolds@deq.virginia.gov or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from November 21, 2018, to December 26, 2018.

Proposed Consent Special Order for
Hammersmith Partners LLC

An enforcement action has been proposed for Hammersmith Partners LLC for alleged violations that occurred at Summit Point Apartment Homes at 523 Summit Street, Petersburg, Virginia. The State Water Control Board proposes to issue a consent special order to Hammersmith to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jeff Reynolds will accept comments by email at jefferson.reynolds@deq.virginia.gov or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from November 21, 2018, to December 26, 2018.

Proposed Consent Order for
Pilot Travel Centers LLC

An enforcement action has been proposed for Pilot Travel Centers LLC for violations of the State Water Control Law at Flying J #749, located in Caroline County, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the June 12, 2018, Flying J #749 diesel fuel discharge. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Benjamin Holland will accept comments by email at benjamin.holland@deq.virginia.gov or by postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from November 27, 2018, through December 27, 2018.

 

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at https://commonwealthcalendar.virginia.gov.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing  regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents
/cumultab.pdf
.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

ERRATA

STATE BOARD OF HEALTH

Title of Regulation: 12VAC5-450. Rules and Regulations Governing Campgrounds.

Publication: 35:5 VA.R. 801-813 October 29, 2018

Correction to Final Regulation:

Page 813, 12VAC5-450-190 B:

subdivision 5, line one delete "5." insert "4."

subdivision 6, line one delete "6." insert "5."

subdivision 7, line one delete "7." insert "6."

VA.R. Doc. No. R16-4752; Filed November 9, 2018, 3:26 p.m.

BOARD OF PHARMACY

Title of Regulation: 18VAC110-20. Regulations Governing the Practice of Pharmacy.

Publication: 34:25 VA.R. 2534-2537 August 6, 2018

Correction to Final Regulation:

Page 2537, 18VAC110-20-322 B, delete "B." and insert:

"F. B. Pursuant to subsection D of § 54.1-3443 of the Code of Virginia, the Board of Pharmacy places the following in Schedule I of the Drug Control Act:

1. Research chemicals:

a. 2-(ethylamino)-2-phenyl-cyclohexanone (other name: deschloro-N-ethyl-ketamine), its optical, position, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

b. 3,4-methylenedioxy-N-tert-butylcathinone, its optical, position, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

c. 4-fluoro-N-ethylamphetamine, its optical, position, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

d. Beta-keto-4-bromo-2,5-dimethoxyphenethylamine (other name: bk-2C-B), its optical, position, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

2. Synthetic opioids:

a. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2butenamide (other name: Crotonyl fentanyl), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation.

b. 2-(3,4-dichlorophenyl)-N-[2-(dimethylamino) cyclohexyl]-N-methylacetamide (other name: U-51754), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation.

c. N-phenyl-N-[4-phenyl-1-(2-phenylethyl)-4piperidinyl]-propanamide (other name: 4phenylfentanyl), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation.

The placement of drugs listed in this subsection shall remain in effect until December 12, 2019, unless enacted into law in the Drug Control Act.

C."

VA.R. Doc. No. R18-5484; Filed November 14, 2018, 4:53 p.m.

STATE BOARD OF SOCIAL SERVICES

Title of Regulation: 22VAC40-665. Child Care Program.

Publication: 35:2 VA.R. 337-377 September 17, 2018

Correction to Final Regulation:

Page 351, 22VAC40-665-180, subdivision 2, first column, line after "equivalent offense outside the Commonwealth." delete "c." insert "d."

VA.R. Doc. No. R16-4602; Filed November 9, 2018, 2:48 p.m.