Vol. 39 Iss. 24 - July 17, 2023

Chapter 130
Notice of Extension of Emergency Regulation

Title of Regulation: 12VAC30-130. Amount, Duration and Scope of Selected Services (amending 12VAC30-130-140 through 12VAC30-130-260).

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

The Governor has approved the request of the Department of Medical Assistance Services to extend the expiration date of the emergency regulation for 12VAC30-130 for six months as provided for in § 2.2-4011 D of the Code of Virginia. Therefore, the emergency regulation is continued in effect through February 14, 2024. This extension is required for the department to continue enforcing requirements of Chapters 304 and 365 of the 2022 Acts of Assembly to allow qualified nursing facility staff to complete long-term services and supports (LTSS) screening for individuals who apply for or request LTSS and who are receiving non-Medicaid skilled nursing services in an institutional setting following discharge from an acute care hospital. The provisions of the emergency regulation are essential for the protection of individual choice for the setting and provider of LTSS services for every individual who applies for or requests institutional or community based services. The emergency regulation was published in 38:12 VA.R. 1415-1424 January 31, 2022.

Effective Date Extended Through: February 14, 2024.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email

VA.R. Doc. No. R22-6611; Filed June 20, 2023