GENERAL NOTICES
Vol. 40 Iss. 10 - January 01, 2024

STATE BOARD OF EDUCATION

Revisions to the English and Language Arts Standards of Learning

The Virginia Board of Education will hold public hearings on the proposed revised English and Language Arts Standards of Learning. The Standards of Learning identify the essential content, processes, and skills for grade levels and subject courses.

The most current information about the revision process and public hearing dates and locations are available on the Revisions to the 2017 English and Language Arts Standards of Learning webpage.

For additional information about the proposed revised English and Language Arts Standards of Learning, contact Jill Nogueras by email at jill.nogueras@doe.virginia.gov.

Contact Information: Jim Chapman, Director of Board Relations, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for Glenwood MHC LLC

An enforcement action has been proposed for Glenwood MHC LLC for violations of State Water Control Law and regulations and applicable permit at the Glenwood Mobile Home Community LLC sewage treatment plant located in Fredericksburg, Virginia. The proposed consent order is available from the Department of Environmental Quality (DEQ) contact or at www.deq.virginia.gov/permits-regulations/public-notices. The DEQ contact will accept written comments from January 1, 2024, to January 31, 2024.

Contact Information: Holly Shupe, Regional Enforcement Specialist Senior, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, Virginia 22193, telephone (571) 866-6923, or email holly.shupe@deq.virgnia.gov.

Availability of the 2022 Fish Tissue Monitoring Data

Purpose of Notice: The Virginia Department of Environmental Quality (DEQ) announces the release of the 2022 fish tissue and sediment contaminant monitoring data.

Background: The Virginia Department of Environmental Quality conducts routine studies of fish tissue and bottom sediments in state waters to assess the human health risks for individuals who may consume fish, to identify impaired aquatic ecosystems, and to plan and track the progress of cleanup efforts. Results are made available to the public each year on the agency's website.

In 2022, DEQ collected fish tissue samples primarily from sites in the watersheds of the Potomac River, Albemarle Sound, including Great Dismal Swamp and Currituck Sound tributaries, and Big Sandy River, although samples were collected from all of Virginia's major river basins. In addition to routine statewide monitoring, DEQ also conducted a special fish tissue monitoring study in the Dan River and Roanoke River to evaluate the effects of coal ash in these river systems. These data are also included in the release. Samples were analyzed for polychlorinated biphenyls (PCBs) and a suite of 17 metals, including mercury. DEQ also collected bottom sediment samples from the Potomac River basin (32 samples), Albemarle Sound basin (four samples), and James River basin (one sample), which were analyzed for PCBs and whose results are included.

2022 monitoring results are available on the agency's website at https://www.deq.virginia.gov/our-programs/water/water-quality/monitoring/fish-tissue-monitoring.

Additional Information: The Virginia Department of Health (VDH) uses the data generated by DEQ's fish tissue monitoring program to determine the need for fish consumption advisories. More information on VDH fish consumption advisories is available at https://www.vdh.virginia.gov/environmental-health/public-health-toxicology/fish-consumption-advisory/.

Contacts for more information: Questions on DEQ's fish tissue monitoring program can be directed to Rick Browder at richard.browder@deq.virginia.gov, Gabriel Darkwah at gabriel.darkwah@deq.virginia.gov, or Andrew Kirk at andrew.kirk@deq.virginia.gov. Additional information is also available on the DEQ Water Quality Monitoring website at https://www.deq.virginia.gov/water/water-quality/monitoring.

Contact Information: Rick Browder, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 212-9734, or email richard.browder@deq.virginia.gov.

Request for Citizen Nomination of State Surface Waters for Inclusion in the Virginia Department of Environmental Quality Annual Water Quality Monitoring Plan

In accordance with § 62.1-44.19:5 F of the Code of Virginia, any person may request that a specific body of water be included in the Department of Environmental Quality (DEQ) annual water quality monitoring plan. Such requests shall include (i) a geographical description of the water body recommended for monitoring, (ii) the reason the monitoring is requested, and (iii) any water quality data that the petitioner may have collected or compiled. Each request received by April 30, 2024, shall be reviewed when DEQ develops the annual water quality monitoring plan for the following calendar year. DEQ will respond in writing on DEQ's approval or denial of each nomination by August 31, 2024.

All nominations with the minimum of information as outlined above will be accepted for review.

Please note that private ponds, privately owned lakes, and any other body of water with restricted public access are not eligible for this nomination process. Data collected in mixing zones or at the discharge pipe from permitted discharges won't be considered for ambient water quality assessment purposes.

Nominations can be submitted by email or postal mail to the contact at the end of this notice, or nominations may be hand delivered to the receptionist's desk at DEQ's central office at 1111 East Main Street, Richmond, Virginia.

Request to Include a Water Segment in DEQ's Annual Monitoring Plan:

Name:

Date:

Mailing Address:

Street

City

State

Zip Code

Email Address:

Home Telephone:

Business Telephone:

(1) Name of the water body or water bodies proposed for monitoring:

(2) Please provide a description of the upstream and downstream boundaries of the water bodies that show specifically where monitoring is proposed. Please describe the monitoring site locations as thoroughly as possible. A site map (photocopy or screenshot of an online map) is preferred. Latitude and longitude coordinates and descriptions of identifiable landmarks such as road crossings are also very helpful.

(3) Monitoring objective. Please give the reason for requesting the monitoring and, if possible, list the types of measurements or sampling that you are requesting.

(4) Attach any water quality data that you have collected or compiled. Include the name of the organization/entity that generated the data.

Contact Information: Meighan Wisswell, Department of Environmental Quality, P.O. Box 1105, 1111 East Main Street, Suite 1400, Richmond, VA 23218, telephone (571) 866-6494, or email citizenwater@deq.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

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

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 Meredith Lee, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, or via email at meredith.lee@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 Meredith Lee 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 Item 304.TTTT of Chapter 1 of the 2023 Acts of Assembly, Special Session I, the state plan is being revised to increase the reimbursement rates for early intervention services, excluding case management, by 12.5% for all children younger than three years of age enrolled in early intervention in Virginia Medicaid.

The expected increase in annual aggregate fee-for-service expenditures is $8,995 in state general funds and $9,445 in federal funds in federal fiscal year 2024.

In accordance with Item 304. VVVV.1 of Chapter 1 of the 2023 Acts of Assembly, Special Session I, the state plan is being revised to increase rates by 10% for the following Medicaid-funded community-based services: intensive in-home, mental health skill building, psychosocial rehabilitation, therapeutic day treatment, outpatient psychotherapy, and peer recovery support services - mental health.

The expected increase in annual aggregate fee-for-service expenditures is $131,548 in state general funds, $9,605 in special funds, and $224,573 in federal funds in federal fiscal year 2024.

In accordance with Item 304.VVVV.2 of Chapter 1 of the 2023 Acts of Assembly, Special Session I, the state plan is being revised to increase rates by 10% for the following Medicaid-funded community-based services: comprehensive crisis services, including 23-hour crisis stabilization, community stabilization, crisis intervention, mobile crisis response, and residential crisis stabilization; assertive community treatment; mental health - intensive outpatient; mental health - partial hospitalization; family functional therapy; and multisystemic therapy.

The expected increase in annual aggregate fee-for-service expenditures is $43,903 in state general funds, $8,434 in special funds, and $122,004 in federal funds in federal fiscal year 2024.

In accordance with Item 304.WWWW of Chapter 1 of the 2023 Acts of Assembly, Special Session I, the state plan is being revised to increase the rates for mental health partial hospitalization from a per diem rate of $250.62 to $500.00 and shall increase the rate for mental health intensive outpatient programs from a per diem of $159.20 to $250.00.

The expected increase in annual aggregate fee-for-service expenditures is $4,118 in state general funds, $844 in special funds, and $11,922 in federal funds in federal fiscal year 2024.

In accordance with Item 304.YYYY of Chapter 1 of the 2023 Acts of Assembly, Special Session I, the state plan is being revised to increase the rates for agency and consumer-directed personal care services by 5.0%. A corresponding rate increase of 5.0% will be provided for personal care services and for companion and respite services provided under home and community-based waivers, however, the increase is not included in this state plan amendment but via waiver documentation.

The expected increase in annual aggregate fee-for-service expenditures is $1,187 in state general funds and $1,246 in federal funds in federal fiscal year 2024.

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, or email emily.mcclellan@dmas.virginia.gov.

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

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 Meredith Lee, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, or via email at meredith.lee@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 Town Hall at https://townhall.virginia.gov/L/generalnotice.cfm.

Methods and Standards for Establishing Payment Rates; Other Types of Care (12VAC30-80)

In accordance with Item 304.XXXX of Chapter 1 of the 2023 Acts of Assembly, the state plan is being revised to (i) extend the age limitation for children receiving fluoride varnish from non-dental providers from "through age three" to "through age five"; (ii) remove the current limitation on the number of times a dentist can bill the behavioral management code when treating adults with disabilities; (iii) provide payment for crowns for patients who received root canal therapy prior to becoming a Medicaid beneficiary; and (iv) provide reimbursement for pretreatment evaluations performed by dentists treating patients requiring deep sedation or general anesthesia to mirror the Centers for Medicare and Medicaid Services guidelines.

The expected increase in annual aggregate fee-for-service expenditures is $345,492 in state general funds and $461,486 in federal funds in federal fiscal year 2024.

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, or email emily.mcclellan@dmas.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 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.