Vol. 32 Iss. 10 - January 11, 2016

Chapter 120
Notice of Intended Regulatory Action

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 12VAC30-120, Waivered Services, and 12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care and Services. The purpose of the proposed action is to consider standardizing the requirements for qualifications, education, and training for consumer-directed service facilitators across the waivers that require service facilitators (SFs) to ensure the health, safety, and welfare of Medicaid home and community-based waiver enrollees. The proposed amendments include the following: (i) SFs who are not licensed nurses are required to advise, with the permission of the waiver individuals, the primary health care provider that services are being provided; (ii) SFs are required to have sufficient knowledge, skills, and abilities to perform the activities that are required of them; (iii) SFs must have a satisfactory work record and submit to a criminal background check; (iv) SFs must submit to a check of the Department of Social Services Child Protective Services Central Registry; (v) SFs must not be debarred, suspended, other otherwise excluded from participating in this federal health care program; (vi) new SFs, must have, at a minimum, an associate's degree in a health or human services field or be a registered nurse currently licensed in the Commonwealth and possess a minimum of two years of satisfactory direct care experience or hold a bachelor's degree or higher in a non-health or human services field and have at least three years of satisfactory direct care experience; (vii) SFs must complete the DMAS-approved consumer-directed services facilitator training and pass the corresponding competency assessment with at least a score of 80%; and (viii) SFs must have access to a computer with secure Internet access.

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

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Public Comment Deadline: February 10, 2016.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email

VA.R. Doc. No. R16-3805; Filed December 17, 2015, 3:05 p.m.