TITLE 22. SOCIAL SERVICES

STATE BOARD OF SOCIAL SERVICES

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider amending 22VAC40-325, Fraud Reduction/Elimination Effort. The purpose of the proposed action is to rename the Fraud Reduction/Elimination Effort as the Statewide Fraud Control Program and change the methodology used to reimburse local departments of social services. The current formula for reimbursement to local departments of social services for fraud control activities provides more weight to the size of a locality's caseloads for programs and less weight to actual fraud control activities taken or completed. This results in uneven reimbursement rates when compared to performance of desired outcomes, such as investigations initiated, claims established, or other similar actions. This regulatory action will move away from a formula that is caseload based to one that reflects actual fraud work.

In addition, pursuant to § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be repealed, amended, or retained in its current form.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; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 63.2-217 and 63.2-526 of the Code of Virginia.

Public Comment Deadline: April 23, 2025.

Agency Contact: Susan Lloyd, Fraud Consultant, Department of Social Services, 5600 Cox Road, Glen Allen, VA 23060, telephone (804) 682-1207, or email susan.lloyd@dss.virginia.gov.