Vol. 33 Iss. 15 - March 20, 2017

Chapter 50
Notice of Intended Regulatory Action

EDITOR'S NOTE: This notice was previously published in 33:9 VA.R. 869 December 26, 2016; however, the last sentence of the first paragraph was inadvertently omitted. The Department of Medical Assistance Services has requested that the notice be republished with an additional 30-day public comment period.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Medical Assistance Services intends to consider amending 12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care Services, and 12VAC30-120, Waivered Services. The purpose of the proposed action is to ensure that Medicaid authorization and reimbursement for consumer-directed personal care, respite, and companion services is limited to 40 hours per week for an attendant serving a single consumer, in accordance with Item 306 PPPP of Chapter 780 of the 2016 Acts of Assembly, the 2016 Appropriation Act. This action will also clarify that the limit will not be applied to live-in attendants consistent with the U.S. Department of Labor's requirements under the Fair Labor Standards Act, as set out in Fact Sheet 79B. This action applies to EPSDT-covered attendant services as well as waiver-covered attendant services.

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: April 19, 2017.

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. R17-4749; Filed March 7, 2017, 2:26 p.m.