NOTICES OF INTENDED REGULATORY ACTION
Vol. 32 Iss. 12 - February 08, 2016

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities
Withdrawal of Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Corrections has WITHDRAWN the Notice of Intended Regulatory Action (NOIRA) for 6VAC15-80, Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities, which was published in 25:20 VA.R. 3474 June 8, 2009. The NOIRA has been replaced by a current action to repeal 6VAC15-80 and replace it with a new regulation, 6VAC15-81, as described in the NOIRA published in 32:8 VA.R. 1336 December 14, 2015.

Agency Contact: Jim Bruce, Agency Regulatory Coordinator, Department of Corrections, P.O. Box 26963, Richmond, VA 23261-6963, telephone (804) 887-8215, or email james.bruce@vadoc.virginia.gov.

VA.R. Doc. No. R09-1823; Filed January 14, 2016, 11:16 a.m.
TITLE 12. HEALTH
Virginia's Rules and Regulations Governing Cooperative Agreements
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider promulgating a new regulation, 12VAC5-221, Virginia's Rules and Regulations Governing Cooperative Agreements. The purpose of the proposed action is to implement Chapter 741 of the 2015 Acts of Assembly, which mandates that the new regulation include, at a minimum, provisions regarding (i) the review of applications for proposed cooperative agreements; (ii) the process by which applications for proposed cooperative agreements are approved or denied; (iii) post-approval monitoring; and (iv) a schedule establishing the amount of the annual fee that the commissioner is authorized to assess from the parties to a cooperative agreement. The emergency regulations contain provisions that meet these requirements. To address the unique health care challenges that exist in the southwest region of Virginia, the General Assembly enacted Chapter 741, which authorizes the Commissioner of Health to approve cooperative agreements that are beneficial to individuals served by the Southwest Virginia Health Authority and to actively supervise cooperative agreements to ensure compliance with the provisions that have been approved. The intent of this regulatory action is to promote and protect the health and safety of individuals within the Southwest Virginia Health Authority's geographic area by ensuring that any cooperative agreements entered into by hospitals foster improvements in the quality of health care, moderate increases in health care cost, improve access to needed health care services, and promote improvements in population health status in the Southwest Virginia Health Authority's geographic area.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 32.1-12 of the Code of Virginia; Chapter 741 of the 2015 Acts of Assembly.

Public Comment Deadline: March 9, 2016.

Agency Contact: Susan Puglisi, Policy Analyst, Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2157, FAX (804) 527-4502, or email susan.puglisi@vdh.virginia.gov.

VA.R. Doc. No. R16-4430; Filed January 18, 2016, 5:40 p.m.
TITLE 12. HEALTH
Regulations for the Licensure of Hospitals in Virginia
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending 12VAC5-410, Regulations for the Licensure of Hospitals in Virginia. The purpose of the proposed action is to amend the regulation to comply with § 32.1-127 B 18 of the Code of Virginia, enacted by Chapter 661 of the 2015 Acts of Assembly, which requires the board to adopt regulations requiring each hospital that provides obstetrical services to establish policies to follow when a stillbirth occurs. The policies must meet the guidelines pertaining to counseling patients and their families and other aspects of managing stillbirths as may specified by the board.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 32.1-123 and 32.1-127 of the Code of Virginia.

Public Comment Deadline: March 11, 2016.

Agency Contact: Susan Puglisi, Policy Analyst, Department of Health, 9960 Mayland Drive, Richmond, VA 23233, telephone (804) 367-2157, FAX (804) 527-4502, or email susan.puglisi@vdh.virginia.gov.

VA.R. Doc. No. R16-4620; Filed January 11, 2016, 10:08 a.m.
TITLE 16. LABOR AND EMPLOYMENT
Confined Space Standard for Agriculture
Withdrawal of Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Safety and Health Codes Board has WITHDRAWN the Notice of Intended Regulatory Action for 16VAC25-185, Confined Space Standard for Agriculture, which was published in 24:11 VA.R. 1342-1343 February 4, 2008.

Agency Contact: Regina P. Cobb, Agency Management Analyst Senior, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-0610, FAX (804) 786-8418, TTY (804) 786-2376, or email cobb.regina@dol.gov.

VA.R. Doc. No. R08-1045; Filed January 20, 2016, 11:30 a.m.
TITLE 22. SOCIAL SERVICES
Standards for Licensed Family Day Homes
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider amending 22VAC40-111, Standards for Licensed Family Day Homes. The purpose of the proposed action is to align the regulation with the federal Child Care and Development Block Grant Act of 2014, which requires 10 health and safety topics to be addressed for providers receiving federal child care and development funds. The intent is to align requirements of licensed programs with requirements for providers receiving child care and development funds; this includes unregulated and unlicensed programs. Amending the existing regulation to reflect federal health and safety standards will provide additional protections of the health, safety, and welfare of children in care.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Public Comment Deadline: March 9, 2016.

Agency Contact: Sharon Smith-Basey, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7037, FAX (804) 726-7132, or email sharon.basey@dss.virgnia.gov.

VA.R. Doc. No. R16-4604; Filed January 11, 2016, 12:25 p.m.
TITLE 22. SOCIAL SERVICES
Standards for Licensed Child Day Centers
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider amending 22VAC40-185, Standards for Licensed Child Day Centers. The purpose of the proposed action is to align the regulation with the federal Child Care and Development Block Grant Act of 2014, which requires 10 health and safety topics to be addressed for providers receiving federal child care and development funds. The intent is to align requirements of licensed programs with requirements for providers receiving child care and development funds; this includes unregulated and unlicensed programs. Amending the existing regulation to reflect federal health and safety standards will provide additional protections of the health, safety, and welfare of children in care. The agency has a pending regulatory action to repeal 22VAC40-185 and replace it with a new regulation, as part of a comprehensive review and update.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Public Comment Deadline: March 9, 2016.

Agency Contact: Tatanishia Armstrong, Licensing Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7152 ext: 7, FAX (804) 726-7132, or email tatanishia.armstrong@dss.virginia.gov.

VA.R. Doc. No. R16-4596; Filed January 13, 2016, 7:57 a.m.
TITLE 22. SOCIAL SERVICES
Child Care Program
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider repealing 22VAC40-661, Child Care Program, and adopting 22VAC40-665, Child Care Program, to replace it. The purpose of the proposed action is to align Virginia's child care subsidy program requirements with the federal Child Care and Development Block Grant Act of 2014. The goals of this action are to broaden the purposes of the program by emphasizing child development; increase the number of children receiving healthy, safe, and quality care; and implement family-friendly policies. The new regulation will strengthen the child care subsidy program's dual role as both an early childhood development program and a work support program for low-income families. Key changes in the new regulation include, but are not limited to, supporting and protecting the health and safety of children in care through more consistent standards for child care providers and monitoring of those standards. The changes will also focus on improving the quality of care statewide through increased supports for child care providers and enabling eligible families to more easily access stable and continuous care.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 63.2-217 of the Code of Virginia.

Public Comment Deadline: March 9, 2016.

Agency Contact: Mary Ward, Subsidy Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7638, FAX (804) 726-7655, or email mary.ward@dss.virginia.gov.

VA.R. Doc. No. R16-4602; Filed January 11, 2016, 12:20 p.m. 
TITLE 22. SOCIAL SERVICES
Child Care Program
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider repealing 22VAC40-661, Child Care Program, and adopting 22VAC40-665, Child Care Program, to replace it. The purpose of the proposed action is to align Virginia's child care subsidy program requirements with the federal Child Care and Development Block Grant Act of 2014. The goals of this action are to broaden the purposes of the program by emphasizing child development; increase the number of children receiving healthy, safe, and quality care; and implement family-friendly policies. The new regulation will strengthen the child care subsidy program's dual role as both an early childhood development program and a work support program for low-income families. Key changes in the new regulation include, but are not limited to, supporting and protecting the health and safety of children in care through more consistent standards for child care providers and monitoring of those standards. The changes will also focus on improving the quality of care statewide through increased supports for child care providers and enabling eligible families to more easily access stable and continuous care.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 63.2-217 of the Code of Virginia.

Public Comment Deadline: March 9, 2016.

Agency Contact: Mary Ward, Subsidy Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7638, FAX (804) 726-7655, or email mary.ward@dss.virginia.gov.

VA.R. Doc. No. R16-4602; Filed January 11, 2016, 12:20 p.m.