Title of Regulation: 12VAC30-20. Administration of Medical Assistance Services (amending 12VAC30-20-210).

Statutory Authority: §§ 32.1-324 and 32.1-325 of the Code of Virginia.

Effective Dates: October 5, 2009, through April 4, 2011.

Pursuant to § 2.2-4011 of the Code of Virginia, the Department of Medical Assistance Services (DMAS) requested an extension of the above-referenced emergency regulation to complete the requirements of the Administrative Process Act. The emergency regulations were published in 26:4 VA.R. 396-399 October 26, 2009 (http://register.dls.virginia.gov/vol26/iss04/v26i04.pdf).

This emergency regulation was implemented on October 5, 2009. Because of the controversial nature of the changes being made to make the Health Insurance Premium Payment Program (HIPP) more cost effective, DMAS has been engaged in both appeals on this issue and in discussions with members of the public. As a result of this process, there was a delay in submitting the proposed regulation for executive review, due in part to the General Assembly and the change in administration. This proposed regulation was approved by the Office of the Attorney General on March 9, 2010, by the Department of Planning and Budget on April 2, 2010, and by the Secretary of Health and Human Resources on June 23, 2010. It has been pending in the Governor's office since that time.

Once the proposed regulation is approved by the Governor, it must be published for a 60-day public comment period, and then made permanent by a follow up final regulation, which includes a 30 post-publication waiting period before the regulation goes into effect. Given this timeline, the regulatory process cannot be completed by October 4, 2010, the expiration date of the previous emergency regulation.

For this reason DMAS requested an extension of six months to complete the necessary changes while maintaining the integrity of the changes made in the emergency action. The Governor approved the department's request to extend the expiration date of the emergency regulation for six months as provided for in § 2.2-4011 D of the Code of Virginia. Therefore, the regulations will continue in effect through April 4, 2011.

Agency Contact: Patricia Taylor, Program Operations Division, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 371-6333, FAX (804) 786-1680, or email patricia.taylor@dmas.virginia.gov.