Title of Regulation: 12VAC30-120. Waivered Services (amending 12VAC30-120-370, 12VAC30-120-380).

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

Effective Dates: September 1, 2007, through March 3, 2009.

The Department of Medical Assistance Services requested an extension of the emergency regulations, 12VAC30-120, pursuant to § 2.2-4011 of the Code of Virginia. The emergency regulations were published in 23:24 VA.R. 4030-4034 August 6, 2007 (http://legis.state.va.us/codecomm/register/vol23/iss24/v23i24.pdf) with effective dates of September 1, 2007, through August 31, 2008.

Acute and long-term care is a new initiative that has an impact on almost all aspects of the Medicaid program. It is a large and complex overlay on the entire Medicaid program. Although the initiative focuses on the integration of acute and long-term care, the Department of Medical Assistance Services (DMAS) has had to develop and implement the program while integrating its various features into every aspect of Medicaid. The difficulties involved in the seamless integration of acute and long-term care created unforeseen delays, including harmonizing state program features with applicable federal requirements. Quite simply, despite the best efforts of those involved, DMAS has concluded that it will not be able to complete the regulatory process prior to the expiration of the emergency regulations.

The Governor approved the department's request to extend the expiration date of the emergency regulations for six months as provided in § 2.2-4011 D of the Code of Virginia. Therefore, the regulations will continue in effect through March 3, 2009.

Agency Contact: Adrienne Fegans, Program Operations Administrator, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 786-4112, FAX (804) 786-1680, or email adrienne.fegans@dmas.virginia.gov.