Vol. 33 Iss. 2 - September 19, 2016

Chapter 80
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:

12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care Services;

12VAC30-60, Standards Established and Methods Used to Assure High Quality Care;

12VAC30-80, Methods and Standards for Establishing Payment Rates; Other Types of Care; and

12VAC30-120, Waivered Services.

The purpose of the proposed action is to redesign three of the department's existing home-based and community-based waivers as follows: the Individual and Family Developmental Disabilities Support Waiver (12VAC30-120-700 et seq.) becomes the Family and Individual Supports Waiver, the Intellectual Disability Waiver (12VAC30-120-1000 et seq.) becomes the Community Living Waiver, and the Day Support Waiver for Individuals with Mental Retardation (12VAC30-120-1500 et seq.) becomes the Building Independence Waiver.

The proposed redesign is intended to (i) better support individuals with disabilities to live integrated and engaged lives in their communities; (ii) standardize and simplify access to services; (iii) cover services that promote community integration and engagement; (iv) improve providers' capacity and quality by increasing compensation as they increase expertise; (v) achieve better outcomes for individuals supported in smaller community settings; (vi) facilitate meeting the Commonwealth's commitments under the community integration mandate of the American with Disabilities Act (42 USC § 12101 et seq.), the United States Supreme Court's decision in Olmstead v. L.C., and the 2012 U.S. Department of Justice Settlement Agreement; and (vii) make technical and clarifying changes.

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.

Public Comment Deadline: October 24, 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. R17-4614; Filed August 24, 2016, 11:15 a.m.