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 12VAC5-67, Advance Health Care Directive Registry, and determined that this regulation should be amended. The board is publishing its report of findings dated July 1, 2024, to support this decision.
The board will amend this regulation to conform it to provisions of Article 9 (§ 54.1-2994 et seq.) of Chapter 29 of Title 54.1 of the Code of Virginia that clarify the document types that may be stored in the Advance Healthcare Directive Registry and state when a provider may access documents in the Advance Healthcare Directive Registry.
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 advance health care directive registration. There are no disadvantages to individual private citizens or businesses not subject to the regulation, the agency, or the Commonwealth.
The Advance Healthcare Directive Registry 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. The regulation is mostly clearly written and understandable. It requires some clarifying language with regard to allowable documentation and provider access to the registry.
The board will amend the regulation to better align the chapter with current practice, update existing regulatory language to conform to the form and style requirements of the Virginia Administrative Code, consider opportunities for regulatory reduction, and amend the chapter to clarify advance care planning documentation that may be stored in the Advance Healthcare Directory Registry and who may access the documentation.
There is a continued need for these regulations as the board is required to make available an Advance Healthcare Directive Registry. The board has received neither complaints nor comments concerning this regulation. The regulatory language contained in this chapter is not complex. 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, or email kindall.bundy@vdh.virginia.gov.
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TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-293, Locality Groupings, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated October 30, 2024, to support this decision.
This regulation is clearly written and easily understandable. The Temporary Assistance for Needy Families (TANF) program and regulation are essential to protecting the welfare of vulnerable citizens. The regulation is necessary because it provides a mechanism for a locality to switch grouping when there is evidence to support that need. This regulation will protect families by allowing them access to greater resources in certain situations. This regulation establishes criteria using data that is easily obtainable and readily available. This results in a system that is more equitable to families across the Commonwealth.
This regulation continues to be necessary and should stay in effect without change. Without the regulation, there would be no means of reviewing or changing the TANF payment level for a specific locality. Since this regulation has been in effect, 12 localities have switched to higher paying locality groupings, directly benefiting the citizens of those areas.
No comments have been received in the past concerning this regulation. This regulation is clearly written and easily understandable. This regulation does not overlap, duplicate, or conflict with any federal or state law or regulation. While economic conditions as well as local cost of living standards continue to change, this regulation provides a means for a locality to change locality groupings as a result of such changes. This regulation was last reviewed in 2020. It has no impact on small businesses.
Contact Information: Mark Golden, Temporary Assistance for Needy Families Program Manager, Department of Social Services, 5600 Cox Road, Glen Allen, VA 23060, telephone (804) 726-7385, or email mark.golden@dss.virginia.gov.
Agency Notice
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 22VAC40-675, Personnel Policies for Local Departments of Social Services. The review will be guided by the principles in Executive Order 19 (2022). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
Public comment period begins December 16, 2024, and ends January 6, 2025.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.
Contact Information: Leighann Smigielski, Senior Human Resources Policy Analyst, Department of Social Services, 5600 Cox Road, Glen Allen, VA 23060, telephone (804) 726-7059, or email r.leighann.smigielski@dss.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-685, Virginia Energy Assistance Program - Home Energy Assistance Program, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated October 16, 2024, to support this decision.
The Home Energy Assistance Program (HEAP) protects the welfare of eligible citizens of the Commonwealth by providing funding to augment the Low-Income Home Energy Assistance Program (LIHEAP), which provides critical heating, cooling, and crisis assistance that ensures the safety, health, and welfare of Virginia's low-income citizens. This regulation is necessary to provide a framework for the program. The regulation is clear and concise and written in a manner easily understood.
The regulation should be retained without changes at this time to ensure that procedures regarding current program administration and fund disbursement are in place. The regulation grants authority to the Department of Social Services to receive and disburse HEAP funds. These funds are used to supplement the LIHEAP federal funding used to offer and administer the Energy Assistance Program (EAP). In addition, HEAP funds may be used to leverage additional federal funds.
The department did not receive any complaints or comments during the public comment period. Because this regulation makes revenue available to over 400 vendors, the impact of the regulation on small business is positive. The regulation provides eligible EAP vendors, which includes vendors from the small business community, access to revenue made available through the federally funded LIHEAP. The regulation is not complex and does not overlap, duplicate, or conflict with other federal or state laws or regulations. The last evaluation of this regulation occurred in 2019. Business entities that provide EAP goods and services are eligible to participate as vendors in the EAP. Payments to vendors are determined by their respective products, self-designated service areas and by customer selection. There is no need to amend or repeal the regulation to minimize the economic impact on small businesses.
Contact Information: Denise Surber, Interim Program Manager, Department of Social Services, 5600 Cox Road, Glen Allen, VA 23060, telephone (804) 726-7386, or email denise.t.surber@dss.virginia.gov.