GENERAL NOTICES/ERRATA
Vol. 36 Iss. 19 - May 11, 2020

STATE CORPORATION COMMISSION

Bureau of Insurance

April 14, 2020

Administrative Letter 2020-02

To: All Virginia Domiciled Insurers Licensed in Virginia

Re: Filing Requirements during the COVID-19 Public Health Emergency

The purpose of this Administrative Letter is for the Virginia Bureau of Insurance (Bureau) to advise insurance companies regarding financial filing requirements during the COVID-19 public health emergency. The filing flexibility included within this Administrative Letter, which is effective immediately, will allow insurance companies to devote resources to respond to additional information requests designed to gather specific COVID-19 related information.

Regulatory Filing Deadlines

Insurance companies are subject to filing deadlines when submitting electronic documents to the NAIC (e.g., quarterly financial statements, audited financial statements), or when submitting electronic or hard copy documents to the Bureau. Because of the COVID-19 public health emergency, the Bureau will grant most insurance companies an additional 30 or 60 days to complete the filings listed on the attached chart. However, insurance companies must request this extension in writing prior to the filing deadline and the Bureau reserves the right to reject a company's extension request based upon the financial condition and unique circumstances of a specific company. Any insurance company requesting a financial filing extension should submit such request to the Bureau at boifinfiling@scc.virginia.gov. The granting of an extension does not prevent insurance companies from filing any documents in advance of the revised due dates and insurance companies are encouraged to do so.

Electronic Filings and Signatures

In certain instances, the Bureau requires insurance companies to file documents in hard copy form with notarized signatures. The hard copy and notary requirements are temporarily waived. The Bureau will accept electronic filings and signatures.

However, insurance companies are expected to keep a list of all filings that were made electronically in lieu of hard copy filings so that they can file all the hard copies within 60 days after the Commonwealth of Virginia has allowed a return to work. The Bureau expects electronic communication will be used by insurance companies on all other financial related communication, with hard copies provided within 60 days if required by law.

On-site Examinations

The Bureau will not conduct any on-site examination work during the COVID-19 public health emergency. Instead, the Bureau will conduct all scheduled examinations remotely until further notice. The examiner-in-charge of the examination will work with the insurance company being examined to determine the most efficient manner to conduct the examination. The Bureau in most instances will need to request more information in electronic format to complete these examinations. The Bureau acknowledges that response times from insurance companies may be slower as many of their employees are currently working from home. The Bureau expects independent auditors will operate similarly, therefore an extended due date for the Audited Financial Report is granted as noted above.

Questions regarding this letter are encouraged to be emailed to Connie T. Duong, Manager, Domestic Financial Analysis Section, Financial Regulation Division, Bureau of Insurance, State Corporation Commission, P.O. Box 1157, Richmond VA 23218, email connie.duong@scc.virginia.gov.

/s/ Scott A. White
Commissioner of Insurance


FILINGS AND EXTENSIONS

Annual Filings with Potential 30-day delay

Due Date

Extended Due Date

Combined Annual Statement

5/1/20

6/1/20

Accountant's Letter of Qualifications

6/1/20

7/1/20

PBR Exemption

To State 7/1/20
To NAIC 8/15/20

8/1/20
9/15/20

 

Annual Filings with Potential 60-day delay

Due Date

Extended Due Date

Form B Registration Statement & Related Form C

4/30/20

6/30/20

Enterprise Risk Report (Form F)

4/30/20

6/30/20

Actuarial Memorandum Required by Actuarial Guideline XXXVIII 8D

4/30/20

6/30/20

Audited Financial Report

6/1/20

8/1/20

Corporate Governance Annual Disclosure

6/1/20

8/1/20

Communication of Internal Control Related Matters Noted in Audit

8/1/20

10/1/20

Management's Report of Internal Control Over Financial Reporting

8/1/20

10/1/20

Own Risk and Solvency Assessment (ORSA)

12/1/20

2/1/21

 

Quarterly Filings with Potential 30-day delay

Due Date

Extended Due Date

Quarterly Financial Statement

5/15/20

6/15/20

Trusteed Surplus Statement

5/15/20

6/15/20

Supplement A to Schedule T

5/15/20

6/15/20

Medicare Part D Coverage Supplement

5/15/20

6/15/20

Reasonableness of Assumptions Certification Required by Actuarial Guideline XXXV

5/15/20

6/15/20

Reasonableness and Consistency of Assumptions Certification Required by Actuarial Guideline XXXV

5/15/20

6/15/20

Reasonableness of Assumptions Certification for Implied Guaranteed Rate Method Required by Actuarial Guideline XXXVI

5/15/20

6/15/20

Reasonableness and Consistency of Assumptions Certification Required by Actuarial Guideline XXXVI (Updated Average Market Value)

5/15/20

6/15/20


DEPARTMENT OF GENERAL SERVICES

Revision to Fees for Drinking Water Laboratory Certification - Final General Notice

The Division of Consolidated Laboratory Services (DCLS), Department of General Services, published a general notice in 36:15 VA.R. 2062-2063 March 16, 2020, seeking comment on the revision to fees charged for certifying drinking water laboratories under 1VAC30-41-270 as required by subdivision I 2 of 1VAC30-41-270.

No comments were received. The revision to the fees will stand as published. The following fees are effective for May 1, 2020, through April 30, 2021, for drinking water laboratory certification under 1VAC30-41-270.

TESTING CATEGORY

FEE ($)

Microbiological testing

 

1 - 2 methods

659

 

3 - 5 methods

768

 

6+ methods

878

Inorganic chemistry, nonmetals testing

 

1 - 2 methods

713

 

3 - 5 methods

931

 

6 - 8 methods

1152

 

9+ methods

1371

Inorganic chemistry, metals testing

 

1 - 2 methods

1096

 

3 - 5 methods

1315

 

6+ methods

1533

Organic chemistry

 

1 - 2 methods

1152

 

3 - 5 methods

1371

 

6 - 8 methods

1589

 

9+ methods

1810

Radiochemistry

 

1 - 2 methods

1207

 

3 - 5 methods

1425

 

6+ methods

1645

Asbestos

 

1 - 2 methods

986

 

3 - 5 methods

1207

 

6+ methods

1425

How fees are calculated: DCLS calculates a laboratory's total fee by adding the fees for the number of test methods in each category in the fee table for which the laboratory is certified or applies to be certified. Contact lab_cert@dgs.virginia.gov for more information about the fee category for a specific method.

Additional fees:

Additional fees apply when a laboratory:

• Applies for modification of certification under 1VAC30-41-110

• Is moving its location when the move requires DCLS to perform an onsite assessment

• Requests reinstatement of certification when DCLS requires an onsite assessment

Hourly review fee and calculation of total fee: The fee to be charged is the sum of the total hourly charges for all reviewers plus any onsite assessment costs incurred. The hourly charge per reviewer is $67. The charge per reviewer is determined by multiplying the number of hours expended in the review by $67.

Onsite review and travel expenses: If an onsite review is required, travel time and onsite review time will be charged at the same hourly rate of $67 and any travel expenses will be added.

When to pay: Payment is due at the time the application is made or annually thereafter upon receipt of the invoice from DCLS. Annual billing precedes the expiration of the current certificate.

How to pay: Fees may be paid by check, draft, or postal money order payable to the Treasurer, Commonwealth of Virginia or submitted electronically, if available. Payment must be in U.S. currency, except that agencies and institutions of the Commonwealth of Virginia may submit interagency transfers for the amount of the fee. Laboratories may also pay fees using credit cards. All fees must be sent to the following address or submitted electronically, if available: DCLS, Attn: Lab Certification, 600 North 5th Street, Richmond, VA 23219. A fee payment form is available on the Drinking Water page of the DCLS website at www.dgs.virginia.gov/dcls.

Contact Information: Rhonda Bishton, Director's Executive Administrative Assistant, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, email rhonda.bishton@dgs.virginia.gov, telephone (804) 786-3311, or FAX (804) 371-8305.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Intent to Amend the Virginia State Plan for Medical Assistance Pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13)) - ARTS Updates

Comment period: April 21, 2020, to May 20, 2020.

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 § 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, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, or email emily.mcclellan@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 Emily McClellan 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 attached to this notice at https://townhall.virginia.gov/L/generalnotice.cfm.

Reimbursement Changes Affecting Other Types of Care (12VAC 30-80): The changes made to 12VAC30-80-32 on March 6, 2020, will be replicated in the state plan. These changes relate to the rates paid to psychiatrists and other licensed or registered individuals for substance use disorder counseling services, as well as the rates paid for office-based opioid treatment services and opioid treatment programs. The full text of the changes may be viewed at https://townhall.virginia.gov/L/ViewXML.cfm?textid=14082, then scrolling down to 12VAC30-80-32.

There is no expected increase or decrease in annual expenditures as a result of these changes.

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

Proposed Consent Order for
American Hardwood Industries LLC

An enforcement action has been proposed for American Hardwood Industries LLC (AHI) for violations at the Warm Springs Mill and at the Lexington Mill. The State Water Control Board proposes to issue a consent order with penalty and injunctive relief to AHI to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Eric Millard will accept comments by email at eric.millard@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from May 11, 2020, to June 10, 2020.

Proposed Consent Order for Bristow Shopping Center Limited Partnership LLP

An enforcement action has been proposed for Bristow Shopping Center Limited Partnership LLP for violations of the State Water Control Law and regulations at the Heritage Mall Citgo located in Annandale, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Heritage Mall Citgo. A description of the proposed action is available at the Department of Environmental Quality office listed 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 May 11, 2020, through June 10, 2020.

Proposed Consent Order for Town of Front Royal

An enforcement action has been proposed for the Town of Front Royal for violations at the Front Royal waste water treatment plant. The State Water Control Board proposes to issue a consent order with penalty, injunctive relief, and a supplemental environmental project to the Town of Front Royal to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Eric Millard will accept comments by email at eric.millard@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from May 11, 2020, to June 10, 2020.

 

Proposed Consent Special Order for
JFS Holdings LLC

The State Water Control Board proposes to issue a consent special order to JFS Holdings LLC for alleged violation of the State Water Control Law at the King William Tractor Supply located at the corner of State Route 30 and King William Road. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Jeff Reynolds will accept comments by email at jefferson.reynolds@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060, until June 11, 2020.

Proposed Consent Order for Mr. Gurcharan Lail

An enforcement action has been proposed for Mr. Gurcharan Lail for violations of the State Water Control Law and regulations at One Stop Trailer Park located in Leesburg, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with One Stop Trailer Park. A description of the proposed action is available at the Department of Environmental Quality office listed 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 May 11, 2020, through June 10, 2020.

Proposed Enforcement Action for
Rudy's Truck & Auto Parts LLC

An enforcement action has been proposed for Rudy's Truck & Auto Parts LLC for violations of the State Water Control Law in Chesapeake, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Russell Deppe will accept comments by email at russell.deppe@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from May 11, 2020, to June 10, 2020.

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.