STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Proposed Renewal of Variances to 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 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 a decision on applications for renewal of existing variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC). The purpose of the regulation 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 the regulation to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. All variances shall be approved for a specific time period. The decision and reasons for variance are described in this notice.
Purpose of notice: After considering all available information, at its meeting on January 20, 2022, the SHRC voted to approve the applications for variances to the Human Rights Regulations.
A. For DBHDS' Western State Hospital (WSH).
Variance to Procedures for Behavioral Treatment Plans:
12VAC35-115-105 H: Providers shall not use seclusion in a behavioral treatment plan.
Variance to Procedures for 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 variances will allow WSH to place an individual in an environment of seclusion, at the individual's 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 the individual's care.
These variances were approved for a two-year period with annual updates to the SHRC and quarterly updates to the local human rights committee (LHRC).
B. For DBHDS' Commonwealth Center for Children and Adolescents (CCCA).
Variance to Procedures for Behavioral Treatment Plans:
12VAC35-115-105 H: Providers shall not use seclusion in a behavioral treatment plan.
Explanation: The variance will allow CCCA to place the individual (youth) in seclusion when different alternatives have been attempted without sustained success in maintaining safe behaviors as part of the behavioral treatment plan.
The variances were approved for a one-year period with quarterly updates to the LHRC and notice to the SHRC if the individual (youth) is discharged before the variance expires.
C. For Youth for Tomorrow New Life Center Inc.
Variance to Procedures to Ensure Dignity:
12VAC35-115-50 C 7 and C 8 (generally granting an individual the right to communicate privately with anyone via telephone and to have or refuse visitors, unless certain listed exceptions are met).
Explanation: In order to maintain the safety and security of individuals (youth), the program may restrict communication via telephone and in person visitation to only those names placed on a list generated by the parent or legal guardian and the resident.
These variances will allow Youth for Tomorrow New Life Center Inc. to utilize an approved contact list for phone calls and an approved contact list for visitation for each individual. The lists shall be developed by the individual's parent or legal guardian in order to protect the best interests of the individual. The individual shall be present and given the opportunity to participate with the parent or legal guardian in creating the phone and visitation lists.
These variances were approved for a three-year period with quarterly updates to the LHRC and annual updates to the SHRC.
Contact Information: Taneika Goldman, 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) 786-3988, FAX (833) 734-1241, or email taneika.goldman@dbhds.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Intent to Amend the Virginia State Plan for Medical Assistance - Alternative Benefit Plan Changes
Pursuant to 42 CFR 440.386, the Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to seek approval from the Centers for Medicare and Medicaid Services (CMS) of a state plan amendment (SPA) to modify two Alternative Benefit Plans (ABP) authorized under § 1937 of the Social Security Act (42 USC § 1396a). The first ABP relates to individuals aged 19 to 64 years who are eligible for Medicaid pursuant to § 1902(a)(10)(A)(i)(VIII) of the Social Security Act. The second ABP relates to Medicaid Works, a work incentive opportunity for individuals with disabilities.
The state plan is being revised to include reimbursement for coverage for routine patient costs furnished in connection with a member's participation in a qualifying clinical trial in accordance with the CMS State Medicaid Director (SMD) letter #21-005. Per the SMD letter, DMAS will cover any item or service provided to the individual under the qualifying clinical trial, including any item or service provided to prevent, diagnose, monitor, or treat complications resulting from participation in the qualifying clinical trial, to the extent that the provision of such items or services to the beneficiary would otherwise be covered outside the course of participation in the qualifying clinical trial under the state plan or waiver, including a demonstration project under § 1115 of the Social Security Act. Such routine services and costs also include any item or service required to administer the investigational item or service.
Any service limits or cost sharing currently authorized under the approved Medicaid State Plan will apply to the ABP. The proposed ABP amendments will apply to Early Periodic Screening, Diagnoses, and Treatment Program benefits available under the Virginia State Plan for individuals younger than 21 years of age.
DMAS is soliciting input from stakeholders, providers, and beneficiaries on the potential impact of the proposed state plan amendment. Written comments or inquiries may be submitted within 14 days of this notice publication to Emily McClellan, Policy and Research Division, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, emily.mcclellan@dmas.virginia.gov or may be submitted on the Virginia Regulatory Town Hall website at http://townhall.virginia.gov/L/Forums.cfm.
The Commonwealth assures compliance with the provisions of § 5006 (e) of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5) related to Tribal populations.
To request a copy of the ABP SPA or a copy of this notice, contact Emily McClellan, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, or emily.mcclellan@dmas.virginia.gov.
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.
STATE WATER CONTROL BOARD
Proposed Enforcement Action for Aladdin Manufacturing Corporation
An enforcement action has been proposed for Aladdin Manufacturing Corporation, a wholly-owned subsidiary of Mohawk Industries Inc. for alleged violations in Rockbridge County, Virginia. The State Water Control Board proposes to issue a consent order with penalty to Aladdin Manufacturing Corporation 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. The staff contact will accept comments by email, fax, or postal mail from March 14, 2022, to April 15, 2022.
Contact Information: Celeste Horton, Enforcement Specialist, Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX (804) 698-4178, or email celeste.horton@deq.virginia.gov.
Proposed Enforcement Action for the Baptist General Association of Virginia
An enforcement action has been proposed with the Baptist General Association of Virginia for violations at the Eagle Eyrie Baptist Conference Center in Bedford County, Virginia. The special order by consent will address and resolve violations of environmental law and regulations. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person will accept comments by email or postal mail from March 14, 2022, through April 13, 2022.
Contact Information: Jerry Ford, Jr., Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, or email jerry.ford@deq.virginia.gov.
Proposed Enforcement Action for the Scott County Public Service Authority
An enforcement action has been proposed for the Scott County Public Service Authority for violations of the State Water Control Law at the Nickelsville wastewater treatment plant in Scott County. The State Water Control Board proposes to issue a consent order to resolve violations associated with the facility. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person will accept comments by email or postal mail from March 15, 2022, through April 14, 2022.
Contact Information: Jonathan Chapman, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, or email jonathan.chapman@deq.virginia.gov.
Proposed Enforcement Action for Windcrest Holsteins Inc.
An enforcement action has been proposed for Windcrest Holsteins Inc. for alleged violations in Rockingham County and Shenandoah County, Virginia. The State Water Control Board proposes to issue a consent order with penalty to Windcrest Holsteins Inc. 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. The staff contact will accept comments by email, fax, or postal mail from March 14, 2022, to April 20, 2022.
Contact Information: Celeste Horton, Enforcement Specialist, Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX (804) 698-4178, or email celeste.horton@deq.virginia.gov.
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.