Title of Regulation: 12VAC30-40. Eligibility Conditions and Requirements (amending 12VAC30-40-290).

Statutory Authority: §§ 32.1-324 and 32.1-325 of the Code of Virginia.

Under direction from Governor Timothy M. Kaine, the Director of the Department of Medical Assistance Services (DMAS) gives notice that, effective February 24, 2009, Governor Kaine rescinded, and DMAS withdrew, the emergency regulation Treatment of Life Estates (12VAC30-40-290: More liberal methods of treating resources under § 1902(r)(2) of the Act: § 1902(f) states).

The Director of the Department of Medical Assistance Services, through the Secretary of Health and Human Resources, implemented this emergency regulation on August 27, 2008 (see 25:1 VA.R. 34-37 September 15, 2008). It was scheduled to expire August 26, 2009. DMAS is withdrawing this emergency regulation due to a determination by the Centers for Medicare and Medicaid Services that this regulation constitutes a limitation on Medicaid eligibility. Such a limitation would disqualify the Commonwealth of Virginia from receiving enhanced federal financial participation under the American Recovery and Reinvestment Act of 2009. This withdrawal will return 12VAC30-40-290, More liberal methods of treating resources under § 1902(r)(2) of the Act: § 1902(f) states, to its original language in effect prior to August 27, 2008.

Agency Contact: Cindy Olson, Project Manager, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 225-4282, FAX (804) 786-1680, or email cindy.olson@dmas.virginia.gov.