Vol. 35 Iss. 5 - October 29, 2018

Chapter 50
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, and 12VAC30-60, Standards Established and Methods Used to Assure High Quality Care. The purpose of the proposed action is to clarify that community mental health rehabilitative services fit under the umbrella of "rehabilitative services" under 42 CFR 440.130(d), services that are recommended by a physician or licensed practitioner for maximum reduction of physical or mental disability and restoration of a beneficiary to the beneficiary's best possible functional level. More specifically, the Centers for Medicare and Medicaid Services required the Department of Medical Assistance Services to more clearly define each service, list and define the subcomponents of each service, specify what type of professional could provide each subcomponent, specify what a unit of service is for each service, and provide the date that existing reimbursement rates were set. In addition, other changes are being considered to help ensure that Virginia offers a range of services that are person centered and meet the needs of Medicaid members, and that services use evidence-based practices and principles, including those that are outcome oriented, trauma informed, recovery oriented, and based upon clear medical necessity criteria.

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: November 28, 2018.

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. R19-5686; Filed September 27, 2018, 8:39 a.m.