STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
State Human Rights Committee Decision on Variances to 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
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 proposed variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC).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 referenced the specific part of these regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such applications also describe time limits and other conditions for duration and the circumstances that will end the applicability of the variance.
Purpose of notice: After considering all available information, at its meeting on August 17, 2023, the SHRC voted to approve the listed applications for variances to the Human Rights Regulations for a three-year period, with quarterly updates to the local human rights committee, annual updates to the SHRC, and assurance that any human rights complaints or violations associated with the variances are reported to the Regional Advocate within 24 hours of discovery. Additionally, the SHRC required Kempsville Center for Behavioral Health to continue the staffing ratio of one staff member per a maximum of three individuals while unit restrictions are being implemented.
Variance to Procedures to Ensure Dignity:
12VAC35-115-50 C 7 and C 8: In order to maintain the safety and security of residents (youth) the programs restrict communication via telephone and visitation to only those placed on a list generated at admission with input from the parent or legal guardian, the resident, or the Clinical Treatment Team.
1. Holiday House of Portsmouth (12VAC35-115-50 C 8 only)
2. The Barry Robinson Center
3. Kempsville Center for Behavioral Health
4. Newport News Behavioral Health Center
Variance to Procedures for Restrictions on Freedoms of Everyday Life:
12VAC35-115-100 A 1 a and A 1 g: In order to utilize a point level system (Behavior Management Model) affecting movement of an individual within the service setting (grounds, community, purchases in program store).
1. Harbor Point Behavioral Health Center
2. Kempsville Center for Behavioral Health (requiring an individual earn points through a level system in order to access the store)
3. Newport News Behavioral Health Center (12VAC35-115-100 A 1 a only)
Variance to Procedures for Use of Seclusion, Restraint, and Time Out
12VAC35-115-110 C 16: In order to utilize time out as part of the unit restriction policy.
Kempsville Center for Behavioral Health (at times deemed necessary due to unsafe behaviors, to provide additional safety and security measures by preventing movement by an individual from the individual's assigned unit for periods longer than 30 minutes)
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) 734-2308, or email taneika.goldman@dbhds.virginia.gov.
DEPARTMENT OF CONSERVATION AND RECREATION
Application Opportunity for 2023 Department of Conservation and Recreation Flood Resilience Funding Opportunities
Applications are now open for the 2023 Department of Conservation and Recreation (DCR) flood resilience funding opportunities. The Community Flood Preparedness Fund (Round 4) application period will close on November 12, 2023, at 11:59 p.m. The Resilient Virginia Revolving Loan Fund (Round 1) application period will close on December 12, 2023, at 11:59 p.m. Applications must be submitted electronically via the WebGrants portal at https://vadcr.webgrantscloud.com/index.do.
DCR serves as the administrative and coordinating agency for state flood preparedness and protection grants.
The Virginia Community Flood Preparedness Fund (CFPF) was established pursuant to §§ 10.1-603.24 and 10.1-603-25 and Article 4 (§ 10.1-1329 et seq.) of Chapter 13 of Title 10.1 of the Code of Virginia and the provisions of § 10.1-1330, Clean Energy and Community Flood Preparedness Fund, of the Code of Virginia, pursuant to Chapters 1219 and 1280 of the 2020 Acts of Assembly.
The Resilient Virginia Revolving Loan Fund (RVRF) was established pursuant to § 62.1-203 of the Code of Virginia by Chapters 739 and 782 of the Code of Virginia.
Both funding opportunities integrate resilience planning principles, floodplain management, and nature-based solutions to reduce flood risk across the Commonwealth. Additional guidance can be found in the Grant Manuals and Summary of Changes:
2023 Community Flood Preparedness Fund Manual
2023 Resilient Virginia Revolving Fund Manual
CFPF and RVFR Summary of Changes
Contact Information: Angela Davis, Acting Division Director, Floodplain Management, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 371-6135, or email angela.davis@dcr.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Notice of Intent Withdrawn Caden Energix Piney River LLC - Amherst County
Caden Energix Piney River LLC (Project No. RE0000154) has withdrawn its notice of intent to submit the necessary documentation for a 50-megawatt permit by rule for a small renewable energy project (solar) in Amherst County. The original notice of intent was published in 36:18 VA.R. 2155 April 27, 2020.
Contact Information: Amber Foster, Small Renewable Energy Permit by Rule Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 774-8474, or email amber.foster@deq.virginia.gov.
Proposed Enforcement Action for Hampton Roads Connector Partners
An enforcement action has been proposed for Hampton Roads Connector Partners, for violations of State Water Control Law in Norfolk, Virginia. Descriptions of the proposed actions are available at the Department of Environmental Quality office listed or online at http://www.deq.virginia.gov. Russell Deppe will accept comments from October 9, 2023, to November 9, 2023.
Contact Information: Russell Deppe, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, FAX (804) 698-4178, or email russell.deppe@deq.virginia.gov.
Proposed Enforcement Action for Zia's Sunrise Inc.
An enforcement action has been proposed for Zia's Sunrise Inc. for violations of State Water Control Law in Williamsburg, Virginia. Descriptions of the proposed actions are available at the Department of Environmental Quality office listed or online at http://www.deq.virginia.gov. Comments will be accepted from October 9, 2023, to November 9, 2023.
Contact Information: Russell Deppe, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, or email russell.deppe@deq.virginia.gov.
Public Meeting and Opportunity for Public Comment for a Cleanup Study of the Middle Fork Holston River in Smyth, Wythe, and Washington Counties and the Tributaries Greenway Creek, Hall Creek, Byers Creek, Cedar Creek, and Tattle Branch in Washington County
Purpose of notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup study, also known as a total maximum daily load (TMDL) report, for the Middle Fork Holston River in Smyth, Wythe, and Washington Counties and the tributaries Greenway Creek, Hall Creek, Byers Creek, Cedar Creek, and Tattle Branch in Washington County. These streams are listed as impaired since monitoring data does not meet Virginia's water quality standards for aquatic life (benthics). Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law requires DEQ to develop cleanup studies to address pollutants responsible for causing waters to be on Virginia's § 303(d) list of impaired waters. A component of a cleanup study is the wasteload allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Code of Virginia for adoption of the WLA into the Water Quality Management Planning Regulation, 9VAC25-720, after completion of the study. The adoption of the WLA may require new or additional requirements for entities holding a Virginia Pollutant Discharge Elimination System (VPDES) permit in the Middle Fork Holston River, Greenway Creek, Hall Creek, Byers Creek, Cedar Creek, and Tattle Branch.
A study has been completed for the Middle Fork Holston River, Greenway Creek, Hall Creek, Byers Creek, Cedar Creek, and Tattle Branch to identify pollutant sources and recommend reductions needed from the sources to meet water quality standards. At the meeting, DEQ will present the results of the study and provide an overview of the draft report. Citizens are invited to provide comment on the study.
Cleanup study location: The cleanup study addresses the following impaired stream segments: Middle Fork Holston River (12.99 miles) in Wythe and Smyth Counties from the mainstem headwaters upstream at Groseclose downstream to the Dutton Branch confluence and the mainstem Middle Fork Holston River segment (3.42 miles) in Washington County from the Sulphur Springs Creek confluence to Edmondson Dam. Impaired segments also included in the study are Greenway Creek (5.02 miles) from the headwaters downstream to the confluence with the Middle Fork Holston River; Hall Creek (6.91 miles) from headwaters north of Emory through Emory and Henry College to the Byers Creek confluence; Byers Creek (0.49 miles) from Hall Creek and Indian Run confluence downstream to Middle Fork Holston River confluence; Cedar Creek (5.61 miles) from confluence of East Fork Cedar Creek and West Fork Cedar Creek through Cedarville to Middle Fork Holston confluence; and Tattle Branch (2.77 miles) from headwaters to Byers Creek confluence. All of these are in Washington County.
Technical Advisory Committee: Technical advisory committee meetings to assist in development of this cleanup study were held on September 8, 2022, and July 11, 2023.
Public meeting: The final public meeting on the development of the cleanup study will be held at Emory and Henry College, Van Dyke Center, Board of Visitors Room, 30461 Garnand Drive, Emory, Virginia on Thursday, October 19, 2023, at 6:30 p.m. In the event of inclement weather, the meeting will be held on Thursday, October 26, 2023, at the Virginia Department of Environmental Quality, 355 Deadmore Street, Abingdon, Virginia at 6:30 p.m.
Public comment period: October 20, 2023, to November 20, 2023.
How to comment: DEQ accepts written comments by email or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization represented (if any), mailing addresses, and telephone numbers of the commenter or requester.
Contact agency staff for public comments, document requests, and additional information.
The public may review the cleanup study at https://www.deq.virginia.gov/our-programs/water/water-quality/tmdl-development/tmdls-under-development.
Contact Information: Kelly Miller, Department of Environmental Quality, Southwest Regional Office, 355A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4879, or email kelly.miller@deq.virginia.gov.
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)) - Pharmacists as Providers
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 the agency contact listed.
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 meredith.lee@dmas.virginia.gov 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.
Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80)
In accordance with Chapter 412 of the 2023 Acts of Assembly, the state plan is being revised to provide reimbursement to a pharmacist, pharmacy technician, or pharmacy intern when the services are (i) performed under the terms of a collaborative agreement as defined in § 54.1-3300 of the Code of Virginia and consistent with the terms of a managed care contractor provider contract or the state plan or (ii) related to services and treatment in accordance with § 54.1-3303.1 of the Code of Virginia.
There is no expected increase or decrease in annual aggregate expenditures.
Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 N. Ninth Street, 4th 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.