Vol. 33 Iss. 10 - January 09, 2017

Chapter 141
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 12VAC30-141, Family Access to Medical Insurance Security Plan. The purpose of the proposed action is to update the FAMIS and FAMIS MOMS regulations after a periodic review. Regulations currently in place describe the implementation and oversight of the state's Children's Health Insurance Program (CHIP) (known in Virginia as the Family Access to Medical Insurance Security (FAMIS) Plan) and the CHIP waiver program for pregnant women known as FAMIS MOMS. Effective January 1, 2014, the Affordable Care Act required eligibility for health coverage under all health insurance affordability programs, including CHIP, to be based on a new modified adjusted gross income (MAGI) methodology. Calculating an applicant's MAGI eligibility entails defining household composition and executing income-counting procedures based on U.S. Internal Revenue Service rules. Federal law requires these changes to be made in the State Child Health Plan under Title XXI of the Social Security Act. Amendments under consideration would incorporate the required changes in eligibility determination standards and updates to operational processes supporting eligibility and renewal actions. Because the FAMIS MOMS program operates as a CHIP waiver, corresponding regulations related to FAMIS MOMS are also affected.

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.

Public Comment Deadline: February 8, 2017.

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

VA.R. Doc. No. R17-4662; Filed December 19, 2016, 11:57 a.m.