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.
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.