TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-360, Regulations Governing General Educational Development Certificates, and determined that this regulation should be repealed. The board is publishing its report of findings dated October 24, 2024, to support this decision.
This regulation is no longer necessary for the protection of public health, safety, and welfare because it is outdated. The board is required by Virginia statute to promulgate regulations allowing for adult education and for the testing of high school equivalency, thus creating a continued need for regulation concerning the subject matter area. The regular no-cost procurement process ensures that the approved assessments and testing protocols remain compliant with board guidance and the credential retains its rigorous value. However, the statutory and regulatory framework has evolved since this regulation was promulgated, and the regulation is now out of date. The nature or existence of any complaints is unknown, and no comments were received during the periodic review. The regulation was last revised in 2005, and it no longer reflects current statutory framework. The board's decision does not impact small business.
Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-530, Regulations Governing Criteria to Identify Toxic Art Materials; Labeling; Use in Elementary Grades Prohibited, and determined that this regulation should be amended. The board is publishing its report of findings dated October 24, 2024, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare. The board must require school divisions to evaluate all art materials used in schools and identify those that are toxic. All materials used in the public schools that meet the criteria as toxic shall be so labeled and the use of such art materials shall be prohibited in kindergarten through grade five.
The periodic review found that this regulation overlaps, duplicates, and conflicts with federal law in several instances. The periodic review also found that this regulation does not reflect changes made within the Labeling of Hazardous Art Materials Act (LHAMA), 15 USC § 1277 (P.L. 100-695, enacted November 18, 1988), which provided that the requirements for the labeling of art materials set forth in the version of the standard of the American Society for Testing and Materials (ASTM) designated D-4236 that is in effect on November 18, 1988 shall be deemed to be a regulation issued by the Consumer Product Safety Commission under § 3(b) of the Federal Hazardous Substances Act, 15 USC § 1262(b). 16 CFR 1500 now includes the requirements of ASTM D-4236 in 16 CFR 1500.14(b)(8)(i), along with other requirements made applicable to art materials by LHAMA. The substance of the requirements specified in LHAMA became effective on November 18, 1990. As a result, the regulation could be significantly shortened by defaulting to the federal requirements.
The board will consider consolidating 8VAC20-720 for efficiency. There is a continued need for this regulation. The board has not received any complaints or comments concerning the regulation. While the regulation is not overly complex, it overlaps and duplicates federal law in several instances. The regulation has not been revised since it was originally promulgated in 1988.
Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.
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TITLE 12. HEALTH
STATE BOARD OF HEALTH
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-215, Rules and Regulations Governing Health Data Reporting, and determined that this regulation should be amended. The board is publishing its report of findings dated July 1, 2024, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare of the citizens of the Commonwealth. The establishment of effective health care data analysis and reporting initiatives is essential to improving the quality and efficiency of health care, fostering competition among health care providers, and increasing consumer choice with regard to health care services in the Commonwealth. Accurate and valuable health care data can best be identified by representatives of state government and the consumer, provider, insurance, and business communities.
This regulation is clearly written and understandable. The board will amend the regulation to align with the current practices regarding specifications for health care institutions, filing requirements, due dates, fee structure, and financial information that is periodically published and disseminated regarding health data. The board will also incorporate the provisions of Methodology to Measure Efficiency and Productivity of Health Care Institutions (12VAC5-216), into this regulation. Additionally, amendments that reduce regulatory requirements will be considered where possible.
There is a continued need for the regulation as the board is required to administer the health care data reporting initiatives. The board has not received complaints or comments concerning this regulation but has identified the need to amend this regulation to maintain an accurate and robust health care data system. The regulation does not conflict with state law or regulation. The regulation requires a comprehensive review to reflect changes in the health care industry, technology, and economic conditions.
Contact Information: Kindall Bundy, Policy Analyst, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 986-5270, FAX (804) 864-7022, or email kindall.bundy@vdh.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-216, Methodology to Measure Efficiency and Productivity of Health Care Institutions, and determined that this regulation should be repealed. The board is publishing its report of findings dated July 1, 2024, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare of the citizens of the Commonwealth. The establishment of effective health care data analysis and reporting initiatives is essential to improving the quality and efficiency of health care, fostering competition among health care providers, and increasing consumer choice with regard to health care services in the Commonwealth. Accurate and valuable health care data can best be identified by representatives of state government and the consumer, provider, insurance, and business communities. As written, the regulation is not clear or easily understandable. Outdated regulatory language and technical deficiencies have been identified and should be addressed through regulatory action.
The board is recommending that the regulation be repealed, and the provisions be incorporated into Rules and Regulations Governing Health Data Reporting (12VAC5-215). After review, the need for several significant amendments to the provisions of the regulation have been identified. Repealing this regulation is necessary to better align regulatory requirements with current practice, to overhaul existing regulatory language to conform to the form and style requirements of the Virginia Administrative Code, and to identify opportunities for regulatory reduction while continuing to fulfill the board's statutory mandate to protect the citizens of the Commonwealth. The board believes that repealing the regulation and incorporating its provisions into 12VAC5-215 will be more efficient and effective than amending the current chapter.
This regulation is necessary for the board to provide members of the public and health service purchasers vital information to identify the most efficient and productive health care providers. No complaints or comments have been received concerning the regulation. The regulation does not conflict with any known federal or state law or regulation. Regulations are evaluated on an ongoing basis, and this regulation was last amended in September 2012 as a result of periodic review. The board does not anticipate that repealing the regulation will have an adverse economic impact on small businesses in the Commonwealth of Virginia.
Contact Information: Kindall Bundy, Policy Analyst, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 986-5270, FAX (804) 864-7022, or email kindall.bundy@vdh.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-217, Regulations of the Patient Level Data System, and determined that this regulation should be amended. The board is publishing its report of findings dated October 17, 2024, to support this decision.
This action is being used to conform this regulation to the provision of Chapter 552 of the 2021 Acts of Assembly, Special Session I, Item 307(D1). The advantage to the public and the Commonwealth is that the regulation will be in compliance with legislative changes enacted by the 2021 General Assembly and will provide helpful information regarding inpatient psychiatric admissions. There are no disadvantages to individual private citizens or businesses not subject to the regulation, the agency, or the Commonwealth. The primary disadvantages to the regulated community are the projected costs of implementing the requirements of the regulation and additional workflows required to complete the new fields.
The board will amend this regulation to better align with current practice, update existing regulatory language to conform to the form and style requirements of the Virginia Registrar of Regulations, and identify opportunities for regulatory reduction, while continuing to fulfill the board's statutory mandate to protect the citizens of the Commonwealth. This regulatory action is the least burdensome method identified to conform the regulation to statute.
The proposed amendments will conform the regulation to current practice and therefore may have an impact on affected entities. All Virginia-licensed hospitals are required to submit acute discharges. There is a cost for hospitals associated with submitting this data. Hospitals incur internal costs and may incur vendor costs as well as costs from Virginia Health Information for data processing if the submission does not meet a 95% accuracy rate. There are approximately 102 licensed hospitals in the Commonwealth some of which are independently owned (private) and operated with less than 500 full-time employees having a gross annual sales of less than $6 million.
Contact Information: Kindall Bundy, Policy Analyst, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 986-5270, FAX (804) 864-7022, or email kindall.bundy@vdh.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-220, Virginia Medical Care Facilities Certificate of Public Need Rules and Regulations, and determined that this regulation should be repealed and replaced. The board is publishing its report of findings dated August 9, 2024, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because the Certificate of Public Need (COPN) program ensures that the health care marketplace in Virginia is not saturated with unneeded medical care facilities, services, or equipment, that charity care is being provided to indigent persons, that new medical care facilities, services, and equipment are encouraged in geographic areas not served or not sufficiently served by existing medical facilities, and that there is public input regarding proposed changes to new or existing health care services in a community. The regulation is fairly complex due to the subject matter and will require revisions in form and style to make it more easily understandable.
The board will repeal and replace this regulation to incorporate various statutory and legislative mandates that have been omitted from previous actions, to conform to the form and style requirements of the Virginia Administrative Code, and to consider opportunities for regulatory reduction where possible.
There is a continued need for this regulation as the board is mandated to regulate the COPN program in Virginia. The nature of many of the comments received were generally focused on the perceived burdens of the COPN program and that it is out of date. The regulation is complex and difficult to read, making the choice to repeal and replace the least burdensome regulatory pathway to update the regulation. The regulation does not conflict with federal law or regulation, though it currently does not meet all state mandates, which prompted the board to decide repeal and replace it. The regulation has been incrementally amended as changes to the Code of Virginia occurred; however, more comprehensive changes to the regulation are needed. During the most recent licensure renewal period, 14 general hospitals, 37 outpatient surgical hospitals, and 110 nursing homes self-reported that they meet the definition of "small business"; given that some self-reported small businesses are part of larger health systems or corporations, the Virginia Department of Health (VDH) is unable to ensure the validity of the self-reported data. VDH is unable to quantify how many physician offices qualify as small businesses due to lack of available data, self-reported or otherwise. The board was not able to identify any alternatives for small businesses that would be more equitable while still protecting the health, safety, and welfare of the public and has put forth thoughtful consideration about the burdens of the regulatory requirements that have a cost.
Contact Information: Val Hornsby, Policy Planning Specialist II, Office of Licensure and Certification, Virginia Department of Health, 9960 Mayland Drive, Henrico, VA 23233, telephone (804) 367-2102, or email val.hornsby@vdh.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-391, Regulations for the Licensure of Hospice, and determined that this regulation should be amended. The board is publishing its report of findings dated August 7, 2024, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because it requires hospices to meet minimum standards for personnel, clinical and nonclinical services, treatment of patients, and facility safety. These standards protect members of the public who utilize hospice services. Improvements are needed to achieve greater clarity and readability of the regulation. Additionally, updates are needed to the regulation to include current clinical and industry practices. The board will amend the regulation to conform to the form and style requirements of the Virginia Administrative Code, update provisions to include current clinical and industry practices, and consider opportunities for regulatory reduction where possible.
There is a continued need for the regulation as the board is required by § 32.1-162.5 of the Code of Virginia to promulgate regulations governing the hospices. The board received one comment concerning the regulation from the public. The regulation is of moderate complexity, which is not an unexpected outcome given the overall complexity of the health care industry. The regulation does not conflict with federal or state law or regulation. There are 80 licensed hospices in the Commonwealth of Virginia, 35 of which have self-reported that they are small businesses. The Virginia Department of Health does not validate whether these self-reports are accurate. All licensed hospices in the Commonwealth are federally certified, so even in the absence of state hospice regulations, these hospices would have to comply with federal requirements, which are as strict as or stricter than the Commonwealth's.
Contact Information: Val Hornsby, Policy Planning Specialist II, Office of Licensure and Certification, Virginia Department of Health, 9960 Mayland Drive, Henrico, VA 23233, telephone (804) 367-2102, or email val.hornsby@vdh.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-405, Rules Governing Private Review Agents, and determined that this regulation should be amended. The board is publishing its report of findings dated August 9, 2024, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because it establishes the process by which private review agents conduct utilization review. The regulation requires updates to the form and style in order to make the language clear and understandable. The board will amend the regulation to conform to the form and style requirements of the Virginia Administrative Code and consider opportunities for regulatory reduction where possible.
There is a continued need for the regulation as the board is mandated to regulate private review agents. The board did not receive any comments concerning the regulation during the public comment period. The regulation is neither complex nor overlaps, duplicates, or conflicts with federal or state law or regulation. The regulation was last reviewed in 2015 and has not been updated since its promulgation in 1999. The board is not aware of any private review agents that would meet the definition of a small business.
Contact Information: Val Hornsby, Policy Planning Specialist II, Office of Licensure and Certification, Virginia Department of Health, 9960 Mayland Drive, Henrico, VA 23233, telephone (804) 367-2102, or email val.hornsby@vdh.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-407, Procedures for the Submission of Health Maintenance Organization Quality of Care Performance Information, and determined that this regulation should be amended. The board is publishing its report of findings dated July 1, 2024, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare of the citizens of the Commonwealth. The establishment of effective health care data analysis and reporting initiatives is essential to improving the quality and efficiency of health care, fostering competition among health care providers, and increasing consumer choice with regard to health care services in the Commonwealth. Accurate and valuable health care data can best be identified by representatives of state government and the consumer, provider, insurance, and business communities.
The board will amend the regulation to make format and style changes, update code references, align provisions of the chapter with current practices and procedures, add clarifying language, and remove any unnecessary, duplicative, or nonregulatory language. This regulation does not overlap or duplicate a federal or state law or regulation. The regulation was last reviewed on May 8, 2013. The proposed amendments will conform the regulation to current practice and therefore will not have an impact on small business entities.
Contact Information: Kindall Bundy, Policy Analyst, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 986-5270, FAX (804) 864-7022, or email kindall.bundy@vdh.virginia.gov.