PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 38 Iss. 18 - April 25, 2022

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Agency Notice

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 9VAC25-71, Regulations Governing the Discharge of Sewage and Other Wastes from Boats. The review will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this 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.

Public comment period begins April 25, 2022, and ends May 16, 2022.

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 published in the Virginia Register of Regulations.

Contact Information: Anthony Cario, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 814-7774.

Agency Notice

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 9VAC25-200, Water Withdrawal Reporting. The review will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this 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.

Public comment period begins April 25, 2022, and ends May 16, 2022.

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 published in the Virginia Register of Regulations.

Contact Information: Ryan Green, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4258.

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TITLE 12. HEALTH

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Medical Assistance Services (DMAS) conducted a periodic review and a small business impact review of 12VAC30-5, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated March 30, 2022, to support this decision.

The primary advantage of the regulation is to promote public involvement in the development, amendment, or repeal of DMAS regulations. The regulation is necessary for the protection of public health, safety, and welfare in that it allows public participation in the process of Medicaid regulations. The regulation is clearly written and easily understandable.

DMAS is recommending no changes in the regulation because the regulation remains essential and has no negative impact.

The regulation is not anticipated to have an adverse impact on small businesses.

Contact Information: Jimeequa Williams, Regulatory Coordinator, Division of Policy, Regulation, and Member Engagement, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 225-3508.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Medical Assistance Services (DMAS) conducted a periodic review and a small business impact review of 12VAC30-95, Standards Established and Methods Used for Fee-For-Service Reimbursement, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated March 30, 2022, to support this decision.

The primary advantage of the regulation criteria is to promote timely claims filing. The regulation is necessary for the protection of public health, safety, and welfare in that it follows federal regulatory requirements. Compliance with these requirements is essential if DMAS is to continue collecting the federal match for Medicaid funding. The regulation is clearly written and easily understandable.

DMAS is recommending no changes in this regulation because the regulation remains essential and has no negative impact. By establishing timely filing guidelines, providers are ensured an efficient and effective mechanism for the reimbursement of a bill or a line item for services, medications, or devices.

The regulation is not likely to create any costs or other effects on small businesses and the regulation is not anticipated to have an adverse impact on small businesses.

Contact Information: Jimeequa Williams, Regulatory Coordinator, Division of Policy, Regulation, and Member Engagement, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 225-3508.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Medical Assistance Services (DMAS) conducted a periodic review and a small business impact review of 12VAC30-100, State Programs, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated March 29, 2022, to support this decision.

The primary advantage of the regulation is to reimburse health care providers for services provided to indigent persons that might not otherwise be reimbursed. The regulation is necessary for the protection of public health, safety, and welfare in that the regulation allows health care providers to continue to offer services to indigent persons. The regulation is clearly written and easily understandable.

DMAS is recommending no changes in this regulation as the regulation remains essential and has no negative impact.

The regulation is not anticipated to have an adverse impact on small businesses.

Contact Information: Jimeequa Williams, Regulatory Coordinator, Division of Policy, Regulation, and Member Engagement, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 225-3508.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Medical Assistance Services conducted a periodic review and a small business impact review of 12VAC30-150, Uninsured Medical Catastrophe Fund, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated March 30, 2022, to support this decision.

The primary advantage of the Uninsured Medical Catastrophe Fund (UMCF) is that the fund provides some uninsured Virginians the ability to afford medical treatments for medically catastrophic illnesses that they otherwise may not have been able to receive. The advantage to the agency and the Commonwealth is that the regulation specifies patient criteria, service coverage requirements and limitations, and reimbursement requirements necessary to administer these public funds. The regulation is necessary for the protection of public health, safety, and welfare in that it creates the UMCF program. The regulation is clearly written and easily understandable.

DMAS is recommending no changes in this regulation as it remains essential and has no negative impacts.

The regulation is not anticipated to have an adverse impact on small businesses.

Contact Information: Jimeequa Williams, Regulatory Coordinator, Division of Policy, Regulation, and Member Engagement, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 225-3508.

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Agency Notice

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 12VAC35-46, Regulations for Children's Residential Facilities. The review will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this 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.

Public comment period begins April 25, 2022, and ends May 16, 2022.

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 published in the Virginia Register of Regulations.

Contact Information: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252.