Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medical Assistance Services intends to consider amending the following regulations: 12VAC30-40, Eligibility Conditions and Requirements. The purpose of the proposed action is to change the way life estates are evaluated in the Medicaid eligibility determination process per the requirement of the 2008 Appropriation Act. Upon implementation of this change, life estates will be evaluated as a resource for those Medicaid groups that have a resource requirement.

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

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

Public comments: Public comments may be submitted until 5 p.m. on October 15, 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.