The Virginia Register OF
REGULATIONS is an official state publication issued every other week
throughout the year. Indexes are published quarterly, and are cumulative for
the year. The Virginia Register has several functions. The new and
amended sections of regulations, both as proposed and as finally adopted, are
required by law to be published in the Virginia Register. In addition,
the Virginia Register is a source of other information about state
government, including petitions for rulemaking, emergency regulations,
executive orders issued by the Governor, and notices of public hearings on
regulations.
ADOPTION,
AMENDMENT, AND REPEAL OF REGULATIONS
An
agency wishing to adopt, amend, or repeal regulations must first publish in the
Virginia Register a notice of intended regulatory action; a basis,
purpose, substance and issues statement; an economic impact analysis prepared
by the Department of Planning and Budget; the agency’s response to the economic
impact analysis; a summary; a notice giving the public an opportunity to
comment on the proposal; and the text of the proposed regulation.
Following
publication of the proposal in the Virginia Register, the promulgating agency
receives public comments for a minimum of 60 days. The Governor reviews the proposed
regulation to determine if it is necessary to protect the public health, safety
and welfare, and if it is clearly written and easily understandable. If the
Governor chooses to comment on the proposed regulation, his comments must be
transmitted to the agency and the Registrar no later than 15 days following the
completion of the 60-day public comment period. The Governor’s comments, if
any, will be published in the Virginia Register. Not less than 15 days
following the completion of the 60-day public comment period, the agency may
adopt the proposed regulation.
The
Joint Commission on Administrative Rules (JCAR) or the appropriate standing
committee of each house of the General Assembly may meet during the
promulgation or final adoption process and file an objection with the Registrar
and the promulgating agency. The objection will be published in the Virginia
Register. Within 21 days after receipt by the agency of a legislative
objection, the agency shall file a response with the Registrar, the objecting
legislative body, and the Governor.
When
final action is taken, the agency again publishes the text of the regulation as
adopted, highlighting all changes made to the proposed regulation and
explaining any substantial changes made since publication of the proposal. A
30-day final adoption period begins upon final publication in the Virginia
Register.
The
Governor may review the final regulation during this time and, if he objects,
forward his objection to the Registrar and the agency. In addition to or in
lieu of filing a formal objection, the Governor may suspend the effective date
of a portion or all of a regulation until the end of the next regular General
Assembly session by issuing a directive signed by a majority of the members of
the appropriate legislative body and the Governor. The Governor’s objection or
suspension of the regulation, or both, will be published in the Virginia
Register. If the Governor finds that changes made to the proposed
regulation have substantial impact, he may require the agency to provide an
additional 30-day public comment period on the changes. Notice of the
additional public comment period required by the Governor will be published in
the Virginia Register.
The
agency shall suspend the regulatory process for 30 days when it receives
requests from 25 or more individuals to solicit additional public comment,
unless the agency determines that the changes have minor or inconsequential
impact.
A
regulation becomes effective at the conclusion of the 30-day final adoption
period, or at any other later date specified by the promulgating agency, unless
(i) a legislative objection has been filed, in which event the regulation,
unless withdrawn, becomes effective on the date specified, which shall be after
the expiration of the 21-day objection period; (ii) the Governor exercises his
authority to require the agency to provide for additional public comment, in
which event the regulation, unless withdrawn, becomes effective on the date
specified, which shall be after the expiration of the period for which the
Governor has provided for additional public comment; (iii) the Governor and the
General Assembly exercise their authority to suspend the effective date of a
regulation until the end of the next regular legislative session; or (iv) the
agency suspends the regulatory process, in which event the regulation, unless
withdrawn, becomes effective on the date specified, which shall be after the
expiration of the 30-day public comment period and no earlier than 15 days from
publication of the readopted action.
A
regulatory action may be withdrawn by the promulgating agency at any time
before the regulation becomes final.
FAST-TRACK
RULEMAKING PROCESS
Section
2.2-4012.1 of the Code of Virginia provides an exemption from certain
provisions of the Administrative Process Act for agency regulations deemed by
the Governor to be noncontroversial. To use this process, Governor's
concurrence is required and advance notice must be provided to certain
legislative committees. Fast-track regulations will become effective on the
date noted in the regulatory action if no objections to using the process are
filed in accordance with § 2.2-4012.1.
EMERGENCY
REGULATIONS
Pursuant
to § 2.2-4011 of the Code of Virginia, an agency, upon consultation
with the Attorney General, and at the discretion of the Governor, may adopt
emergency regulations that are necessitated by an emergency situation. An
agency may also adopt an emergency regulation when Virginia statutory law or
the appropriation act or federal law or federal regulation requires that a
regulation be effective in 280 days or less from its enactment. The emergency regulation becomes operative upon its
adoption and filing with the Registrar of Regulations, unless a later date is
specified. Emergency regulations are limited to no more than 18 months in
duration; however, may be extended for six months under certain circumstances
as provided for in § 2.2-4011 D. Emergency regulations are published as
soon as possible in the Register.
During
the time the emergency status is in effect, the agency may proceed with the
adoption of permanent regulations through the usual procedures. To begin
promulgating the replacement regulation, the agency must (i) file the Notice of
Intended Regulatory Action with the Registrar within 60 days of the effective
date of the emergency regulation and (ii) file the proposed regulation with the
Registrar within 180 days of the effective date of the emergency regulation. If
the agency chooses not to adopt the regulations, the emergency status ends when
the prescribed time limit expires.
STATEMENT
The
foregoing constitutes a generalized statement of the procedures to be followed.
For specific statutory language, it is suggested that Article 2 (§ 2.2-4006
et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be examined
carefully.
CITATION
TO THE VIRGINIA REGISTER
The Virginia
Register is cited by volume, issue, page number, and date. 34:8 VA.R.
763-832 December 11, 2017, refers to Volume 34, Issue 8, pages 763 through
832 of the Virginia Register issued on
December 11, 2017.
The
Virginia Register of Regulations is
published pursuant to Article 6 (§ 2.2-4031 et seq.) of Chapter 40 of Title 2.2
of the Code of Virginia.
Members
of the Virginia Code Commission: John
S. Edwards, Chair; Gregory D. Habeeb; Ryan T. McDougle; Robert
L. Calhoun; Leslie L. Lilley; E.M. Miller, Jr.; Thomas M. Moncure,
Jr.; Christopher R. Nolen; Timothy Oksman; Charles S. Sharp; Mark J. Vucci.
Staff
of the Virginia Register: Karen
Perrine, Acting Registrar of Regulations; Anne Bloomsburg, Assistant
Registrar; Alexandra Stewart, Regulations Analyst; Rhonda Dyer,
Publications Assistant; Terri Edwards, Operations Staff Assistant.
PUBLICATION SCHEDULE AND DEADLINES
Vol. 34 Iss. 15 - March 19, 2018
March 2018 through April 2019
|
Volume: Issue
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Material Submitted By Noon*
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Will Be Published On
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34:15
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February 28, 2018
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March 19, 2018
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34:16
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March 14, 2018
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April 2, 2018
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34:17
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March 28, 2018
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April 16, 2018
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34:18
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April 11, 2018
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April 30, 2018
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34:19
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April 25, 2018
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May 14, 2018
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34:20
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May 9, 2018
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May 28, 2018
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34:21
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May 23, 2018
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June 11, 2018
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34:22
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June 6, 2018
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June 25, 2018
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34:23
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June 20, 2018
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July 9, 2018
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34:24
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July 3, 2018 (Tuesday)
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July 23, 2018
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34:25
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July 18, 2018
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August 6, 2018
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34:26
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August 1, 2018
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August 20, 2018
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35:1
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August 15, 2018
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September 3, 2018
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35:2
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August 29, 2018
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September17, 2018
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35:3
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September 12, 2018
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October 1, 2018
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35:4
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September 26, 2018
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October 15, 2018
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35:5
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October 10, 2018
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October 29, 2018
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35:6
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October 24, 2018
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November 12, 2018
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35:7
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November 7, 2018
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November 26, 2018
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35:8
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November 19, 2018 (Monday)
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December 10, 2018
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35:9
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December 5, 2018
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December 24, 2018
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35:10
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December 14, 2018 (Friday)
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January 7, 2019
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35:11
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January 2, 2019
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January 21, 2019
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35:12
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January 16, 2019
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February 4, 2019
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35:13
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January 30, 2019
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February18, 2019
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35:14
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February 13, 2019
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March 4, 2019
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35:15
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February 27, 2019
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March 18, 2019
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35:16
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March 13, 2019
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April 1, 2019
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35:17
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March 27, 2019
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April 15, 2019
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35:18
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April 10, 2019
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April 29, 2019
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*Filing deadlines are Wednesdays
unless otherwise specified.
PETITIONS FOR RULEMAKING
Vol. 34 Iss. 15 - March 19, 2018
TITLE
3. ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGE CONTROL AUTHORITY
Initial Agency Notice
Title of Regulation:
3VAC5-70. Other Provisions.
Statutory Authority:
§ 4.1-103 of the Code of Virginia.
Name of Petitioner: Trevor
Shand.
Nature of Petitioner's Request:
I am a married 43-year-old father of two. I live in central Virginia, which has
a great microbrew scene. A few months ago, I picked up an old fridge and
converted it to a kegerator so I could enjoy local brews on tap. But, I quickly
realized, because of the keg laws in Virginia, buying kegs is a pain. When I go
into the grocery store, I have to go to customer service, wait in line, fill
out a tag, pay a deposit, and have them bring up the keg and tag it. I live in
Charlottesville, a college town, and while I am waiting in line, I routinely
watch a couple of college students check out with double-digit numbers of 30-packs,
with no more hassle than showing an ID. I guess I understand the original idea
around the keg tagging laws, but it seems to be more bureaucracy and paperwork
than actually accomplishing what it is supposed to. Can I simply purchase a keg
as I do cases or six-packs? I may be a voice of one, but I for one would
support repealing the keg laws, that is 3VAC5-70-180, Regulation of the sale of
alcoholic beverages in kegs and other containers; permit and registration;
other requirements. Here is a link to an article about Michigan repealing its
similar law: http://www.mlive.com/news/index.ssf/2017/11/michigan_keg_tag_law_repealed.html.
Agency Plan for Disposition of
Request: In accordance with § 2.2-4007 B of the Code of Virginia, the
petition has been filed with the Registrar of Regulations. The petition will be
published in Volume 34, Issue 15 of the Virginia Register of Regulations on
March 19, 2018. Public comment is requested until April 9, 2018. Comment on the
petition may be sent by email or regular mail or posted on the Virginia
Regulatory Town Hall at www.townhall.virginia.gov. Following
receipt of all comments on the petition to amend the regulation, the Alcoholic
Beverage Control Authority will decide whether to make any changes to the
regulatory language. This matter will be considered by the authority when it
next convenes following the end of the comment period, that is, April 27, 2018.
The authority will issue a written decision on the petition within 90 days of
the close of the comment period.
Public Comment Deadline: April
9, 2018.
Agency Contact: LaTonya D.
Hucks, Regulatory Coordinator, Department of Alcoholic Beverage Control, 2901
Hermitage Road, Richmond, VA 23220, telephone (804) 213-4698, or email latonya.hucks@abc.virginia.gov.
VA.R. Doc. No. R18-25; Filed February 15, 2018, 12:37 p.m.
REGULATIONS
Vol. 34 Iss. 15 - March 19, 2018
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
Marine Resources Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;
however, the commission is required to publish the full text of final
regulations.
Title of Regulation: 4VAC20-910. Pertaining to Scup
(Porgy) (amending 4VAC20-910-30, 4VAC20-910-45).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: March 1, 2018.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.
Summary:
The amendments establish the commercial scup landing period
dates, the 2018 commercial summer period quota at 14,296 pounds, and the vessel
trip limit of 5,000 pounds.
4VAC20-910-30. Minimum size limits.
A. The minimum size of scup harvested by commercial fishing
gear shall be nine inches in total length.
B. The minimum size of scup harvested by recreational fishing
gear including, but not limited to, hook and line, rod and reel, spear,
and gig shall be eight inches, in total length.
C. Length shall be measured in a straight line from tip of
nose to tip of tail.
D. It shall be unlawful for any person to catch and retain
possession of any scup smaller of a length less than the above
designated minimum sizes in subsections A and B of this section.
E. It shall be unlawful for any person to sell, trade,
barter, or offer to sell, trade, or barter any scup less than nine
inches, in total length.
4VAC20-910-45. Possession limits and harvest quotas.
A. During the period January 1 through April 30 of each year,
it shall be unlawful for any person to do any of the following:
1. Possess aboard any vessel in Virginia more than 50,000
pounds of scup.
2. Land in Virginia more than a total of 50,000 pounds of scup
during each consecutive seven-day landing period, with the first seven-day
period beginning on January 1.
B. When it is projected and announced that 80% of the
coastwide quota for this period has been attained, it shall be unlawful for any
person to possess aboard any vessel or to land in Virginia more than a total of
1,000 pounds of scup.
C. During the period November October 1 through
December 31 of each year, it shall be unlawful for any person to possess aboard
any vessel or to land in Virginia more than 18,000 pounds of scup.
D. During the period May 1 through October 31 September
30 of each year, the commercial harvest and landing of scup in Virginia
shall be limited to 11,812 14,296 pounds, and it shall be
unlawful for any person to possess aboard any vessel in Virginia more than
5,000 pounds of scup.
E. For each of the time periods set forth in this section,
the Marine Resources Commission will give timely notice to the industry of
calculated poundage possession limits and quotas and any adjustments thereto.
It shall be unlawful for any person to possess or to land any scup for
commercial purposes after any winter period coastwide quota or summer period
Virginia quota has been attained and announced as such.
F. It shall be unlawful for any buyer of seafood to receive
any scup after any commercial harvest or landing quota has been attained and
announced as such.
G. It shall be unlawful for any person fishing with hook and
line, rod and reel, spear, gig, or other recreational gear to possess more than
30 scup. When fishing is from a boat or vessel where the entire catch is held
in a common hold or container, the possession limit shall be for the boat or
vessel and shall be equal to the number of persons on board legally eligible to
fish multiplied by 30. The captain or operator of the boat or vessel shall be
responsible for any boat or vessel possession limit. Any scup taken after the
possession limit has been reached shall be returned to the water immediately.
VA.R. Doc. No. R18-5431; Filed March 1, 2018, 8:55 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
Marine Resources Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;
however, the commission is required to publish the full text of final
regulations.
Title of Regulation: 4VAC20-950. Pertaining to Black
Sea Bass (amending 4VAC20-950-30, 4VAC20-950-47,
4VAC20-950-48).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: March 1, 2018.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.
Summary:
The amendments establish the commercial black sea bass
directed fishery quota for 2018 at 664,000 pounds and set the bycatch fishery
trip limit cap at 1,500 pounds.
4VAC20-950-30. Minimum size limit.
A. The minimum size for black sea bass harvested by
commercial fishing gear shall be 11 inches, in total length. It
shall be unlawful for any person to sell, trade, or barter, or offer to sell,
trade, or barter any black sea bass less than 11 inches, in total
length, except as described in 4VAC20-950-70.
B. The minimum size of black sea bass harvested by recreational
gear, including but not limited to hook and line, rod and reel, spear
and gig, shall be 12-1/2 inches, in total length.
C. It shall be unlawful for any person to possess any black
sea bass smaller than the minimum size limit, as designated respectively, in
subsections A and B of this section, except as described in 4VAC20-950-70.
D. Total length shall be measured along the lateral midline
from tip of nose to tip of tail excluding the caudal fin filament.
4VAC20-950-47. Commercial harvest quotas.
A. The annual commercial black sea bass directed fishery
quota is 784,080 664,000 pounds. When it has been announced that
the directed fishery quota has been projected as reached and the directed
fishery has been closed, it shall be unlawful for any directed commercial black
sea bass fishery permittee to possess aboard any vessel or land in Virginia any
black sea bass.
B. The annual commercial black sea bass bycatch fishery quota
is 40,000 pounds. When it has been announced that the bycatch fishery quota has
been projected as reached and the bycatch fishery has been closed, it shall be
unlawful for any bycatch commercial black sea bass fishery permittee to possess
aboard any vessel or land in Virginia any black sea bass. In the event the
bycatch fishery quota is exceeded, the amount of the quota overage shall be
deducted from the following year's bycatch fishing quota.
4VAC20-950-48. Individual fishery quotas; bycatch limit; at sea
harvesters; exceptions.
A. Each person possessing a directed fishery permit shall be
assigned an individual fishery quota, in pounds, for each calendar year. A
person's individual fishery quota shall be equal to that person's percentage of
the total landings of black sea bass in Virginia from July 1, 1997, through
December 31, 2001, multiplied by the directed commercial fishery black sea bass
quota for the calendar year. Any directed fishery permittee shall be limited to
landings in Virginia in the amount of his individual fishery quota, in pounds,
in any calendar year and it shall be unlawful for any permittee to exceed his
individual fishery quota. In addition to the penalties prescribed by law, any
overages of an individual's fishery quota shall be deducted from that
permittee's individual fishery quota for the following year.
B. In the determination of a person's percentage of total
landings, the commission shall use the greater amount of landings from either
the National Marine Fisheries Service Dealer Weigh-Out Reports or National
Marine Fisheries Service Vessel Trip Reports that have been reported and filed
as of November 26, 2002. If a person's percentage of the total landings of
black sea bass is determined by using the Vessel Trip Reports as the greater
amount, then the person shall provide documentation to the Marine Resources
Commission to verify the Vessel Trip Reports as accurate. This documentation
may include dealer receipts of sales or other pertinent documentation, and such
documentation shall be submitted to the commission by December 1, 2004. In the
event the commission is not able to verify the full amount of the person's
Vessel Trip Reports for the qualifying period, the commission shall use the
greater amount of landings, from either the Dealer Weigh-Out Reports or the
verified portion of the Vessel Trip Reports to establish that person's share of
the quota.
C. It shall be unlawful for any person harvesting black sea
bass to possess aboard any vessel in Virginia waters any amount of black sea
bass that exceeds the combined total of any portion of the Virginia permitted
landing limit, as described in subsection A of this section, and the North
Carolina legal landing limit.
D. It shall be unlawful for any person permitted for the
bycatch fishery to do any of the following:
1. Possess aboard a vessel or land in Virginia more than 200
pounds of black sea bass in addition to the North Carolina legal landing limit
or trip limit, in any one day, except as provided in subdivision 2 of this
subsection;
2. Possess aboard a vessel or land in Virginia more than 1,000
1,500 pounds of black sea bass in addition to the North Carolina legal
landing limit or trip limit, in any one day, provided that the total weight of
black sea bass on board the vessel does not exceed 10%, by weight, of the total
weight of summer flounder, scup, Longfin squid, and Atlantic mackerel on board
the vessel; or
3. Possess aboard a vessel or land in Virginia more than 100
pounds of black sea bass in addition to the North Carolina legal landing limit
or trip limit, when it is projected and announced that 75% of the
bycatch fishery quota has been taken.
E. It shall be unlawful for any person to transfer black sea
bass from one vessel to another while at sea.
F. An individual fishery quota, as described in subsection A
of this section, shall be equal to an individual's current percentage share of
the directed fishery quota, as described in 4VAC20-950-47 A.
VA.R. Doc. No. R18-5430; Filed March 1, 2018, 8:54 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
Marine Resources Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;
however, the commission is required to publish the full text of final
regulations.
Title of Regulation: 4VAC20-960. Pertaining to Tautog (amending 4VAC20-960-30, 4VAC20-960-45,
4VAC20-960-47).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: March 1, 2018.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.
Summary:
The amendments (i) change the second closure of the 2018
commercial season to May 16 through October 31, (ii) change the closure of the
2018 recreational fishing season to May 16 through June 30, and (iii) increase
the recreational possession limit to four fish per person.
4VAC20-960-30. Minimum size limits.
A. The minimum size limit of tautog harvested for commercial
purposes shall be 15 inches in total length.
B. The minimum size of tautog harvested for recreational
purposes shall be 16 inches in total length.
C. It shall be unlawful for any person to possess any tautog smaller
of a length less than the designated minimum size limit.
D. Total length shall be measured in a straight line from tip
of nose to tip of tail.
4VAC20-960-45. Recreational fishing season and possession
limits.
A. It shall be unlawful for any person fishing with hook and
line, rod and reel, spear, gig or other recreational gear to possess more than three
four tautog. When fishing is from a boat or vessel where the entire
catch is held in a common hold or container, the possession limit shall be for
the boat or vessel and shall be equal to the number of persons on board legally
eligible to fish multiplied by three four. The captain or
operator of the boat or vessel shall be responsible for any boat or vessel
possession limit. Any tautog taken after the possession limit has been reached
shall be returned to the water immediately.
B. Possession of any quantity of tautog which that
exceeds the possession limit described in subsection A of this section shall be
presumed to be for commercial purposes.
C. The recreational fishing season shall be closed from May 1
16 through September 19 June 30.
D. It shall be unlawful for any person fishing recreationally
to take, catch, or possess any tautog during any closed recreational fishing
season.
4VAC20-960-47. Commercial fishing season and possession limits.
The commercial fishing season shall be closed from January 22
through the last day of February and May 1 16 through October 31,
and it shall be unlawful for any person to possess tautog for commercial
purposes during this period.
VA.R. Doc. No. R18-5429; Filed March 1, 2018, 8:54 a.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Extension of Emergency Regulation
Titles of Regulations: 12VAC30-50. Amount, Duration,
and Scope of Medical and Remedial Care Services (adding 12VAC30-50-455; repealing
12VAC30-50-440, 12VAC30-50-450, 12VAC30-50-490).
12VAC30-60. Standards Established and Methods Used to Assure
High Quality Care (amending 12VAC30-60-360).
12VAC30-80. Methods and Standards for Establishing Payment
Rates; Other Types of Care (amending 12VAC30-80-110).
12VAC30-120. Waivered Services (amending 12VAC30-120-700, 12VAC30-120-710,
12VAC30-120-750, 12VAC30-120-751, 12VAC30-120-752, 12VAC30-120-754,
12VAC30-120-756, 12VAC30-120-758, 12VAC30-120-759, 12VAC30-120-760,
12VAC30-120-761, 12VAC30-120-762, 12VAC30-120-764, 12VAC30-120-766,
12VAC30-120-770, 12VAC30-120-773, 12VAC30-120-774, 12VAC30-120-775,
12VAC30-120-777, 12VAC30-120-779, 12VAC30-120-1000, 12VAC30-120-1005,
12VAC30-120-1020, 12VAC30-120-1030, 12VAC30-120-1070, 12VAC30-120-1090,
12VAC30-120-1500, 12VAC30-120-1510, 12VAC30-120-1520, 12VAC30-120-1540; adding
12VAC30-120-501, 12VAC30-120-505, 12VAC30-120-514, 12VAC30-120-515,
12VAC30-120-525, 12VAC30-120-535, 12VAC30-120-545, 12VAC30-120-570,
12VAC30-120-580, 12VAC30-120-735, 12VAC30-120-782, 12VAC30-120-1019,
12VAC30-120-1021, 12VAC30-120-1022, 12VAC30-120-1023, 12VAC30-120-1024,
12VAC30-120-1025, 12VAC30-120-1026, 12VAC30-120-1027, 12VAC30-120-1028,
12VAC30-120-1029, 12VAC30-120-1031, 12VAC30-120-1032, 12VAC30-120-1033,
12VAC30-120-1034, 12VAC30-120-1035, 12VAC30-120-1036, 12VAC30-120-1037,
12VAC30-120-1038, 12VAC30-120-1039, 12VAC30-120-1058, 12VAC30-120-1059,
12VAC30-120-1061, 12VAC30-120-1063, 12VAC30-120-1064, 12VAC30-120-1065,
12VAC30-120-1066, 12VAC30-120-1067, 12VAC30-120-1068, 12VAC30-120-1069,
12VAC30-120-1552, 12VAC30-120-1554, 12VAC30-120-1556, 12VAC30-120-1558,
12VAC30-120-1560, 12VAC30-120-1580; repealing 12VAC30-120-720, 12VAC30-120-730,
12VAC30-120-740, 12VAC30-120-753, 12VAC30-120-776, 12VAC30-120-1010,
12VAC30-120-1040, 12VAC30-120-1060, 12VAC30-120-1080, 12VAC30-120-1088,
12VAC30-120-1530, 12VAC30-120-1550).
Statutory Authority: § 32.1-325 of the Code of
Virginia; 42 USC § 1396.
Expiration Date Extended Through: August 30, 2018.
The Governor has approved the Department of Medical Assistance
Services's request to extend the expiration date of the above-referenced
emergency regulation for six months as provided for in § 2.2-4011 D of the
Code of Virginia. Therefore, the emergency regulation will continue in effect
through August 30, 2018. This extension is required in order for Department of
Medical Assistance Services (DMAS) to continue enforcing the legislative
mandate set out in the Item 306 CCCC of Chapter 780 of the 2016 Acts of the
Assembly to amend the Individual and Family Developmental Disabilities Support
(DD), Day Support (DS), and Intellectual Disability (ID) Waivers to initiate
new waiver services. The new waiver services help DMAS meet the Commonwealth's
commitments under the community integration mandate of the Americans with
Disabilities Act (42 USC § 12101 et seq.), the Supreme Court's Olmstead
Decision, and the 2012 Department of Justice Settlement Agreement. The
emergency regulation was published in 33:2 VA.R. 97-249 September 19, 2016.
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 emily.mcclellan@dmas.virginia.gov.
VA.R. Doc. No. R17-4614; Filed February 23, 2018, 11:13 a.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Extension of Emergency Regulation
Titles of Regulations: 12VAC30-50. Amount, Duration,
and Scope of Medical and Remedial Care Services (adding 12VAC30-50-455; repealing
12VAC30-50-440, 12VAC30-50-450, 12VAC30-50-490).
12VAC30-60. Standards Established and Methods Used to Assure
High Quality Care (amending 12VAC30-60-360).
12VAC30-80. Methods and Standards for Establishing Payment
Rates; Other Types of Care (amending 12VAC30-80-110).
12VAC30-120. Waivered Services (amending 12VAC30-120-700, 12VAC30-120-710,
12VAC30-120-750, 12VAC30-120-751, 12VAC30-120-752, 12VAC30-120-754,
12VAC30-120-756, 12VAC30-120-758, 12VAC30-120-759, 12VAC30-120-760,
12VAC30-120-761, 12VAC30-120-762, 12VAC30-120-764, 12VAC30-120-766,
12VAC30-120-770, 12VAC30-120-773, 12VAC30-120-774, 12VAC30-120-775,
12VAC30-120-777, 12VAC30-120-779, 12VAC30-120-1000, 12VAC30-120-1005,
12VAC30-120-1020, 12VAC30-120-1030, 12VAC30-120-1070, 12VAC30-120-1090,
12VAC30-120-1500, 12VAC30-120-1510, 12VAC30-120-1520, 12VAC30-120-1540; adding
12VAC30-120-501, 12VAC30-120-505, 12VAC30-120-514, 12VAC30-120-515,
12VAC30-120-525, 12VAC30-120-535, 12VAC30-120-545, 12VAC30-120-570,
12VAC30-120-580, 12VAC30-120-735, 12VAC30-120-782, 12VAC30-120-1019,
12VAC30-120-1021, 12VAC30-120-1022, 12VAC30-120-1023, 12VAC30-120-1024,
12VAC30-120-1025, 12VAC30-120-1026, 12VAC30-120-1027, 12VAC30-120-1028,
12VAC30-120-1029, 12VAC30-120-1031, 12VAC30-120-1032, 12VAC30-120-1033,
12VAC30-120-1034, 12VAC30-120-1035, 12VAC30-120-1036, 12VAC30-120-1037,
12VAC30-120-1038, 12VAC30-120-1039, 12VAC30-120-1058, 12VAC30-120-1059,
12VAC30-120-1061, 12VAC30-120-1063, 12VAC30-120-1064, 12VAC30-120-1065,
12VAC30-120-1066, 12VAC30-120-1067, 12VAC30-120-1068, 12VAC30-120-1069,
12VAC30-120-1552, 12VAC30-120-1554, 12VAC30-120-1556, 12VAC30-120-1558,
12VAC30-120-1560, 12VAC30-120-1580; repealing 12VAC30-120-720, 12VAC30-120-730,
12VAC30-120-740, 12VAC30-120-753, 12VAC30-120-776, 12VAC30-120-1010,
12VAC30-120-1040, 12VAC30-120-1060, 12VAC30-120-1080, 12VAC30-120-1088,
12VAC30-120-1530, 12VAC30-120-1550).
Statutory Authority: § 32.1-325 of the Code of
Virginia; 42 USC § 1396.
Expiration Date Extended Through: August 30, 2018.
The Governor has approved the Department of Medical Assistance
Services's request to extend the expiration date of the above-referenced
emergency regulation for six months as provided for in § 2.2-4011 D of the
Code of Virginia. Therefore, the emergency regulation will continue in effect
through August 30, 2018. This extension is required in order for Department of
Medical Assistance Services (DMAS) to continue enforcing the legislative
mandate set out in the Item 306 CCCC of Chapter 780 of the 2016 Acts of the
Assembly to amend the Individual and Family Developmental Disabilities Support
(DD), Day Support (DS), and Intellectual Disability (ID) Waivers to initiate
new waiver services. The new waiver services help DMAS meet the Commonwealth's
commitments under the community integration mandate of the Americans with
Disabilities Act (42 USC § 12101 et seq.), the Supreme Court's Olmstead
Decision, and the 2012 Department of Justice Settlement Agreement. The
emergency regulation was published in 33:2 VA.R. 97-249 September 19, 2016.
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 emily.mcclellan@dmas.virginia.gov.
VA.R. Doc. No. R17-4614; Filed February 23, 2018, 11:13 a.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Extension of Emergency Regulation
Titles of Regulations: 12VAC30-50. Amount, Duration,
and Scope of Medical and Remedial Care Services (adding 12VAC30-50-455; repealing
12VAC30-50-440, 12VAC30-50-450, 12VAC30-50-490).
12VAC30-60. Standards Established and Methods Used to Assure
High Quality Care (amending 12VAC30-60-360).
12VAC30-80. Methods and Standards for Establishing Payment
Rates; Other Types of Care (amending 12VAC30-80-110).
12VAC30-120. Waivered Services (amending 12VAC30-120-700, 12VAC30-120-710,
12VAC30-120-750, 12VAC30-120-751, 12VAC30-120-752, 12VAC30-120-754,
12VAC30-120-756, 12VAC30-120-758, 12VAC30-120-759, 12VAC30-120-760,
12VAC30-120-761, 12VAC30-120-762, 12VAC30-120-764, 12VAC30-120-766,
12VAC30-120-770, 12VAC30-120-773, 12VAC30-120-774, 12VAC30-120-775,
12VAC30-120-777, 12VAC30-120-779, 12VAC30-120-1000, 12VAC30-120-1005,
12VAC30-120-1020, 12VAC30-120-1030, 12VAC30-120-1070, 12VAC30-120-1090,
12VAC30-120-1500, 12VAC30-120-1510, 12VAC30-120-1520, 12VAC30-120-1540; adding
12VAC30-120-501, 12VAC30-120-505, 12VAC30-120-514, 12VAC30-120-515,
12VAC30-120-525, 12VAC30-120-535, 12VAC30-120-545, 12VAC30-120-570,
12VAC30-120-580, 12VAC30-120-735, 12VAC30-120-782, 12VAC30-120-1019,
12VAC30-120-1021, 12VAC30-120-1022, 12VAC30-120-1023, 12VAC30-120-1024,
12VAC30-120-1025, 12VAC30-120-1026, 12VAC30-120-1027, 12VAC30-120-1028,
12VAC30-120-1029, 12VAC30-120-1031, 12VAC30-120-1032, 12VAC30-120-1033,
12VAC30-120-1034, 12VAC30-120-1035, 12VAC30-120-1036, 12VAC30-120-1037,
12VAC30-120-1038, 12VAC30-120-1039, 12VAC30-120-1058, 12VAC30-120-1059,
12VAC30-120-1061, 12VAC30-120-1063, 12VAC30-120-1064, 12VAC30-120-1065,
12VAC30-120-1066, 12VAC30-120-1067, 12VAC30-120-1068, 12VAC30-120-1069,
12VAC30-120-1552, 12VAC30-120-1554, 12VAC30-120-1556, 12VAC30-120-1558,
12VAC30-120-1560, 12VAC30-120-1580; repealing 12VAC30-120-720, 12VAC30-120-730,
12VAC30-120-740, 12VAC30-120-753, 12VAC30-120-776, 12VAC30-120-1010,
12VAC30-120-1040, 12VAC30-120-1060, 12VAC30-120-1080, 12VAC30-120-1088,
12VAC30-120-1530, 12VAC30-120-1550).
Statutory Authority: § 32.1-325 of the Code of
Virginia; 42 USC § 1396.
Expiration Date Extended Through: August 30, 2018.
The Governor has approved the Department of Medical Assistance
Services's request to extend the expiration date of the above-referenced
emergency regulation for six months as provided for in § 2.2-4011 D of the
Code of Virginia. Therefore, the emergency regulation will continue in effect
through August 30, 2018. This extension is required in order for Department of
Medical Assistance Services (DMAS) to continue enforcing the legislative
mandate set out in the Item 306 CCCC of Chapter 780 of the 2016 Acts of the
Assembly to amend the Individual and Family Developmental Disabilities Support
(DD), Day Support (DS), and Intellectual Disability (ID) Waivers to initiate
new waiver services. The new waiver services help DMAS meet the Commonwealth's
commitments under the community integration mandate of the Americans with
Disabilities Act (42 USC § 12101 et seq.), the Supreme Court's Olmstead
Decision, and the 2012 Department of Justice Settlement Agreement. The
emergency regulation was published in 33:2 VA.R. 97-249 September 19, 2016.
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 emily.mcclellan@dmas.virginia.gov.
VA.R. Doc. No. R17-4614; Filed February 23, 2018, 11:13 a.m.
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Extension of Emergency Regulation
Titles of Regulations: 12VAC30-50. Amount, Duration,
and Scope of Medical and Remedial Care Services (adding 12VAC30-50-455; repealing
12VAC30-50-440, 12VAC30-50-450, 12VAC30-50-490).
12VAC30-60. Standards Established and Methods Used to Assure
High Quality Care (amending 12VAC30-60-360).
12VAC30-80. Methods and Standards for Establishing Payment
Rates; Other Types of Care (amending 12VAC30-80-110).
12VAC30-120. Waivered Services (amending 12VAC30-120-700, 12VAC30-120-710,
12VAC30-120-750, 12VAC30-120-751, 12VAC30-120-752, 12VAC30-120-754,
12VAC30-120-756, 12VAC30-120-758, 12VAC30-120-759, 12VAC30-120-760,
12VAC30-120-761, 12VAC30-120-762, 12VAC30-120-764, 12VAC30-120-766,
12VAC30-120-770, 12VAC30-120-773, 12VAC30-120-774, 12VAC30-120-775,
12VAC30-120-777, 12VAC30-120-779, 12VAC30-120-1000, 12VAC30-120-1005,
12VAC30-120-1020, 12VAC30-120-1030, 12VAC30-120-1070, 12VAC30-120-1090,
12VAC30-120-1500, 12VAC30-120-1510, 12VAC30-120-1520, 12VAC30-120-1540; adding
12VAC30-120-501, 12VAC30-120-505, 12VAC30-120-514, 12VAC30-120-515,
12VAC30-120-525, 12VAC30-120-535, 12VAC30-120-545, 12VAC30-120-570,
12VAC30-120-580, 12VAC30-120-735, 12VAC30-120-782, 12VAC30-120-1019,
12VAC30-120-1021, 12VAC30-120-1022, 12VAC30-120-1023, 12VAC30-120-1024,
12VAC30-120-1025, 12VAC30-120-1026, 12VAC30-120-1027, 12VAC30-120-1028,
12VAC30-120-1029, 12VAC30-120-1031, 12VAC30-120-1032, 12VAC30-120-1033,
12VAC30-120-1034, 12VAC30-120-1035, 12VAC30-120-1036, 12VAC30-120-1037,
12VAC30-120-1038, 12VAC30-120-1039, 12VAC30-120-1058, 12VAC30-120-1059,
12VAC30-120-1061, 12VAC30-120-1063, 12VAC30-120-1064, 12VAC30-120-1065,
12VAC30-120-1066, 12VAC30-120-1067, 12VAC30-120-1068, 12VAC30-120-1069,
12VAC30-120-1552, 12VAC30-120-1554, 12VAC30-120-1556, 12VAC30-120-1558,
12VAC30-120-1560, 12VAC30-120-1580; repealing 12VAC30-120-720, 12VAC30-120-730,
12VAC30-120-740, 12VAC30-120-753, 12VAC30-120-776, 12VAC30-120-1010,
12VAC30-120-1040, 12VAC30-120-1060, 12VAC30-120-1080, 12VAC30-120-1088,
12VAC30-120-1530, 12VAC30-120-1550).
Statutory Authority: § 32.1-325 of the Code of
Virginia; 42 USC § 1396.
Expiration Date Extended Through: August 30, 2018.
The Governor has approved the Department of Medical Assistance
Services's request to extend the expiration date of the above-referenced
emergency regulation for six months as provided for in § 2.2-4011 D of the
Code of Virginia. Therefore, the emergency regulation will continue in effect
through August 30, 2018. This extension is required in order for Department of
Medical Assistance Services (DMAS) to continue enforcing the legislative
mandate set out in the Item 306 CCCC of Chapter 780 of the 2016 Acts of the
Assembly to amend the Individual and Family Developmental Disabilities Support
(DD), Day Support (DS), and Intellectual Disability (ID) Waivers to initiate
new waiver services. The new waiver services help DMAS meet the Commonwealth's
commitments under the community integration mandate of the Americans with
Disabilities Act (42 USC § 12101 et seq.), the Supreme Court's Olmstead
Decision, and the 2012 Department of Justice Settlement Agreement. The
emergency regulation was published in 33:2 VA.R. 97-249 September 19, 2016.
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 emily.mcclellan@dmas.virginia.gov.
VA.R. Doc. No. R17-4614; Filed February 23, 2018, 11:13 a.m.
TITLE 14. INSURANCE
VIRGINIA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PROGRAM
Final Regulation
REGISTRAR'S NOTICE: The
Virginia Birth-Related Neurological Injury Program is claiming an exemption
from the Administrative Process Act in accordance with § 38.2-5002.1 of
the Code of Virginia, which provides that the procedure for adoption of
regulations by the board of directors of the program shall be consistent with
the provisions of Article 2 (§ 2.2-4006 et seq.) of the Administrative
Process Act.
Title of Regulation: 14VAC10-10. Virginia
Birth-Related Neurological Injury Compensation Program Regulations (amending 14VAC10-10-160).
Statutory Authority: § 38.2-5002.1 of the Code of
Virginia.
Effective Date: March 9, 2018.
Agency Contact: George Deebo, Executive Director,
Virginia Birth-Related Neurological Injury Compensation Program, 7501 Boulders
View Drive, Suite 201, Richmond, VA 23225, telephone (804) 330-2471, FAX (804)
330-3054, or email gdeebo@vabirthinjury.com.
Summary:
The amendments (i) require each admitted claimant's parent
or legal guardian to purchase private health insurance coverage for the actual
medically necessary and reasonable expenses incurred as a result of the
admitted claimant's birth-related neurological injury and for the admitted
claimant's benefit, (ii) permit an admitted claimant's parent or legal guardian
to request the program facilitator to assist in obtaining a suitable health
insurance policy for the admitted claimant if none exists when the admitted claimant
is admitted into the program, and (iii) provide for reimbursement of the
portion of the premiums attributable to the admitted claimant's post-admission
coverage and paid for by the admitted claimant's parent or legal guardian.
Part III
Other Procedures
14VAC10-10-160. Insurance.
A. Because the Virginia Birth-Related Neurological Injury
Compensation Program (Program) generally is a payer of last resort, it
each admitted claimant's parent or legal guardian must purchase private
health insurance to provide coverage for the actual medically necessary and
reasonable expenses as described in § 38.2-5009 A 1 of the Code of Virginia
that were, or are, incurred as a result of the admitted claimant's
birth-related neurological injury and for the admitted claimant's benefit. The
admitted claimant's parent or legal guardian may request the [ Program
facilitator's ] assistance [ of the Program
facilitator ] in obtaining a suitable health insurance policy for
the admitted claimant if he [ or she ] has no
[ pre-existing preexisting ] coverage for the
admitted claimant upon the admitted claimant's admission into the Program. The
Program will reimburse, upon receipt of proof of payment, solely the portion of
the premiums that is attributable to the admitted claimant's post-admission
coverage and paid for by the admitted claimant's parent or legal guardian. The
Program must be provided with a copy of the applicable health insurance
policy, if one exists, or a complete description of applicable coverage,
before benefits are paid by the Program. It is the responsibility of the
parents or guardians to seek benefits for which an admitted claimant is
eligible by submitting requests to the [ Program's
Third-Party Administrator Program third-party administrator ]
or other appropriate staff person, as indicated on the Program's website.
In addition, the parents or guardians of the admitted claimant must identify a
primary care physician.
B. Claimants must utilize the primary insurer's in-network
providers and facilities unless otherwise authorized by the Program. Utilizing
non-network or nonparticipating providers or facilities may result in reduced
payment, nonpayment, or nonreimbursement of incurred expenses.
VA.R. Doc. No. R18-5283; Filed March 6, 2018, 12:16 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
CEMETERY BOARD
Final Regulation
REGISTRAR'S NOTICE: The
Cemetery Board is claiming an exemption from Article 2 of the Administrative
Process Act in accordance with § 2.2-4006 A 6 of the Code of Virginia,
which excludes regulations of the regulatory boards served by the Department of
Professional and Occupational Regulation pursuant to Title 54.1 of the Code of
Virginia that are limited to reducing fees charged to regulants and applicants.
The Cemetery Board will receive, consider, and respond to petitions by any
interested person at any time with respect to reconsideration or revision.
Title of Regulation: 18VAC47-20. Cemetery Board Rules
and Regulations (amending 18VAC47-20-140).
Statutory Authority: §§ 54.1-201 and 54.1-2311 of the
Code of Virginia.
Effective Date: May 1, 2018.
Agency Contact: Christine Martine, Executive Director,
Cemetery Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone
(804) 367-8552, FAX (804) 527-4299, or email cemetery@dpor.virginia.gov.
Summary:
The amendments reduce renewal fees for cemetery company
licenses and sales personnel registrations that expire on May 31, 2018, and
before May 1, 2020, to comply with § 54.1-113 of the Code of Virginia.
18VAC47-20-140. Renewal and reinstatement fees.
A. All fees required by the board are nonrefundable.
The date on which the fee is received by the department or its agent shall
determine whether the licensee or registrant is eligible for renewal or
reinstatement or must reapply as a new applicant.
|
Renewal of cemetery company license
|
$580 per cemetery
|
|
Renewal of sales personnel registration
|
$60 per cemetery
|
|
Reinstatement of cemetery company license
|
$580 per cemetery
|
|
Reinstatement of sales personnel registration
|
$60 per cemetery
|
B. For licenses and registrations expiring on May 31,
2018, and before May 1, 2020, the renewal fees are as follows:
|
Renewal of cemetery company license
|
$250 per cemetery
|
|
Renewal of sales personnel registration
|
$40 per cemetery
|
VA.R. Doc. No. R18-5426; Filed February 27, 2018, 9:50 a.m.