Titles of Regulations: 12VAC30-50. Amount, Duration, and Scope of Medical and Remedial Care Services (adding 12VAC30-50-131).

12VAC30-80. Methods and Standards for Establishing Payment Rates; Other Types of Care (amending 12VAC30-80-20, 12VAC30-80-200; adding 12VAC30-80-96).

12VAC30-120. Waivered Services (amending 12VAC30-120-360, 12VAC30-120-380).

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Effective Dates: October 29, 2009, through April 28, 2011.

Pursuant to § 2.2-4011 of the Code of Virginia, the Department of Medical Assistance Services requested an extension of the above-referenced emergency regulation to complete the requirements of the Administrative Process Act. The emergency regulations were published in 26:6 VA.R. 651-661 November 23, 2009 (http://register.dls.virginia.gov/vol26/iss06/v26i06.pdf).

The regulation provides operating authority to the Department of Medical Assistance Services for the implementation of new Part C services for preschool children. If the emergency regulation lapses, DMAS will have no state authority to continue the provision of these significant new services to preschool children.

The emergency regulation was effective on October 29, 2009, and is scheduled to expire on October 28, 2010. The Notice of Intended Regulatory Action comment period ended in late November, and the Office of the Attorney General completed its review in early February. The proposed regulation was submitted to the Governor's office for review in May. Once the proposed regulation is approved by the Governor, it must be published for a 60-day public comment period and made permanent by a follow up final regulation that includes a 30-day post publication waiting period before the regulation goes into effect. Given this timeline, the regulatory process cannot be completed by October 28, 2010, the expiration date of the emergency regulation.

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 28, 2011.

Agency Contact: Molly Carpenter, Child and Maternal Health Division, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 786-1493, FAX (804) 225-3961, or email molly.carpenter@dmas.virginia.gov.