Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Behavioral Health and Developmental Services intends to consider promulgating 12VAC35-240, Victims of Sterilization Fund Program. The purpose of the proposed action is to implement Item 307 T of Chapter 665 of the 2015 Acts of Assembly, which establishes compensation for individuals who were involuntarily sterilized pursuant to the 1924 Virginia Eugenical Sterilization Act and who are living as of February 1, 2015. The act enacts requirements for the compensation program, including funding limits on claims and a requirement that disbursements be based on the date at which sufficient documentation is provided, and authorizes the Department of Behavioral Health and Developmental Services to pay claims.

The proposed regulation establishes (i) eligibility criteria, (ii) submission of claims, (iii) appropriate documentation for verification, (iv) compensation, and (v) an administrative process for handling claims

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

Statutory Authority: § 37.2-203 of the Code of Virginia.

Public Comment Deadline: January 13, 2016.

Agency Contact: Ruth Anne Walker, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 11th Floor, Richmond, VA 23219, telephone (804) 225-2252, FAX (804) 786-8623, or email ruthanne.walker@dbhds.virginia.gov.