TITLE 12. HEALTH

STATE BOARD OF HEALTH

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 Health intends to consider repealing 12VAC5-408, Regulation for the Certificate of Quality Assurance of Managed Care Health Insurance Plan Licensees, and promulgating 12VAC5-409, Managed Care Health Insurance Plan Quality Assurance Regulation. The purpose of the proposed action is to repeal the chapter governing certificates of quality assurance for licensed managed care health insurance plan (MCHIP) carriers and replace it with a new chapter because the current chapter is outdated and in need of significant style and structure updates. The new chapter will conform to statute, Virginia Administrative Code style, and changes in the regulated industry. Further, the new chapter will be easier to administer by the Virginia Department of Health, will be more easily understood by regulated entities, and will address standards for network adequacy. The state board is considering the development of more specific standards for continuity of care and network accessibility and adequacy. All regulatory language will be reviewed and assessed to ensure that it meets department responsibilities under Article 1.1 (§ 32.1-137.1 et seq.) of Chapter 5 of Title 32.1 of the Code of Virginia.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 32.1-12 and 32.1-137.3 of the Code of Virginia.

Public Comment Deadline: January 14, 2026.

Agency Contact: Peter North, Policy Analyst, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 814-4079, or email regulatorycomment@vdh.virginia.gov.