NOTICES OF INTENDED REGULATORY ACTION
Vol. 33 Iss. 2 - September 19, 2016

TITLE 12. HEALTH
Regulations for Disease Reporting and Control
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 12VAC5-90, Regulations for Disease Reporting and Control and promulgating 12VAC5-101, Virginia Cancer Reporting Regulation. The purpose of the proposed action is to remove provisions related to the Virginia Cancer Registry from 12VAC5-90, the Regulations for Disease Reporting and Control, and establish a separate chapter for the Virginia Cancer Registry in 12VAC5-101 to reflect the organizational structure and operating procedures of the Department of Health and update and clarify the regulation. Changes being considered include (i) clarifying when physicians are required to report, (ii) clarifying when a report will be rejected, (ii) requiring electronic reporting, and (iii) addressing the department's actions when a required reporter does not report.

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 and 32.1-35 of the Code of Virginia.

Public Comment Deadline: October 19, 2016.

Agency Contact: Susan Puglisi, Policy Analyst, Office of Family Health Services, Virginia Department of Health, 109 Governor Street, 10th Floor, Richmond, VA 23219, telephone (804) 864-7175, FAX (804) 864-7647, or email susan.puglisi@vdh.virginia.gov.

VA.R. Doc. No. R17-4857; Filed August 19, 2016, 3:19 p.m.
TITLE 12. HEALTH
Virginia Cancer Reporting Regulation
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 12VAC5-90, Regulations for Disease Reporting and Control and promulgating 12VAC5-101, Virginia Cancer Reporting Regulation. The purpose of the proposed action is to remove provisions related to the Virginia Cancer Registry from 12VAC5-90, the Regulations for Disease Reporting and Control, and establish a separate chapter for the Virginia Cancer Registry in 12VAC5-101 to reflect the organizational structure and operating procedures of the Department of Health and update and clarify the regulation. Changes being considered include (i) clarifying when physicians are required to report, (ii) clarifying when a report will be rejected, (ii) requiring electronic reporting, and (iii) addressing the department's actions when a required reporter does not report.

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 and 32.1-35 of the Code of Virginia.

Public Comment Deadline: October 19, 2016.

Agency Contact: Susan Puglisi, Policy Analyst, Office of Family Health Services, Virginia Department of Health, 109 Governor Street, 10th Floor, Richmond, VA 23219, telephone (804) 864-7175, FAX (804) 864-7647, or email susan.puglisi@vdh.virginia.gov.

VA.R. Doc. No. R17-4857; Filed August 19, 2016, 3:19 p.m.
TITLE 12. HEALTH
Virginia Radiation Protection Regulations: Fee Schedule
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 12VAC5-490, Virginia Radiation Protection Regulations: Fee Schedule. The purpose of the proposed action is to establish (i) a fee for the registration of an individual who inspects x-ray devices in the Commonwealth and (ii) an application change fee for the modification of an inspector's certificate each time an addition or change is requested by that individual.

In addition, this regulation will undergo a periodic review pursuant to Executive Order 17 (2014) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia to determine whether this regulation should be terminated, 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.

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

Statutory Authority: § 32.1-229.1 of the Code of Virginia.

Public Comment Deadline: October 19, 2016.

Agency Contact: Steve Harrison, Director, Division of Radiological Health, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-8151, FAX (804) 864-8155, or email steve.harrison@vdh.virginia.gov.

VA.R. Doc. No. R17-4856; Filed August 19, 2016, 3:08 p.m.
TITLE 12. HEALTH
Amount, Duration, and Scope of Medical and Remedial Care Services
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 Medical Assistance Services intends to consider amending:

12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care Services;

12VAC30-60, Standards Established and Methods Used to Assure High Quality Care;

12VAC30-80, Methods and Standards for Establishing Payment Rates; Other Types of Care; and

12VAC30-120, Waivered Services.

The purpose of the proposed action is to redesign three of the department's existing home-based and community-based waivers as follows: the Individual and Family Developmental Disabilities Support Waiver (12VAC30-120-700 et seq.) becomes the Family and Individual Supports Waiver, the Intellectual Disability Waiver (12VAC30-120-1000 et seq.) becomes the Community Living Waiver, and the Day Support Waiver for Individuals with Mental Retardation (12VAC30-120-1500 et seq.) becomes the Building Independence Waiver.

The proposed redesign is intended to (i) better support individuals with disabilities to live integrated and engaged lives in their communities; (ii) standardize and simplify access to services; (iii) cover services that promote community integration and engagement; (iv) improve providers' capacity and quality by increasing compensation as they increase expertise; (v) achieve better outcomes for individuals supported in smaller community settings; (vi) facilitate meeting the Commonwealth's commitments under the community integration mandate of the American with Disabilities Act (42 USC § 12101 et seq.), the United States Supreme Court's decision in Olmstead v. L.C., and the 2012 U.S. Department of Justice Settlement Agreement; and (vii) make technical and clarifying changes.

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

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

Public Comment Deadline: October 24, 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 August 24, 2016, 11:15 a.m.
TITLE 12. HEALTH
Standards Established and Methods Used to Assure High Quality Care
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 Medical Assistance Services intends to consider amending:

12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care Services;

12VAC30-60, Standards Established and Methods Used to Assure High Quality Care;

12VAC30-80, Methods and Standards for Establishing Payment Rates; Other Types of Care; and

12VAC30-120, Waivered Services.

The purpose of the proposed action is to redesign three of the department's existing home-based and community-based waivers as follows: the Individual and Family Developmental Disabilities Support Waiver (12VAC30-120-700 et seq.) becomes the Family and Individual Supports Waiver, the Intellectual Disability Waiver (12VAC30-120-1000 et seq.) becomes the Community Living Waiver, and the Day Support Waiver for Individuals with Mental Retardation (12VAC30-120-1500 et seq.) becomes the Building Independence Waiver.

The proposed redesign is intended to (i) better support individuals with disabilities to live integrated and engaged lives in their communities; (ii) standardize and simplify access to services; (iii) cover services that promote community integration and engagement; (iv) improve providers' capacity and quality by increasing compensation as they increase expertise; (v) achieve better outcomes for individuals supported in smaller community settings; (vi) facilitate meeting the Commonwealth's commitments under the community integration mandate of the American with Disabilities Act (42 USC § 12101 et seq.), the United States Supreme Court's decision in Olmstead v. L.C., and the 2012 U.S. Department of Justice Settlement Agreement; and (vii) make technical and clarifying changes.

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

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

Public Comment Deadline: October 24, 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 August 24, 2016, 11:15 a.m.
TITLE 12. HEALTH
Methods and Standards for Establishing Payment Rates; Other Types of Care
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 Medical Assistance Services intends to consider amending:

12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care Services;

12VAC30-60, Standards Established and Methods Used to Assure High Quality Care;

12VAC30-80, Methods and Standards for Establishing Payment Rates; Other Types of Care; and

12VAC30-120, Waivered Services.

The purpose of the proposed action is to redesign three of the department's existing home-based and community-based waivers as follows: the Individual and Family Developmental Disabilities Support Waiver (12VAC30-120-700 et seq.) becomes the Family and Individual Supports Waiver, the Intellectual Disability Waiver (12VAC30-120-1000 et seq.) becomes the Community Living Waiver, and the Day Support Waiver for Individuals with Mental Retardation (12VAC30-120-1500 et seq.) becomes the Building Independence Waiver.

The proposed redesign is intended to (i) better support individuals with disabilities to live integrated and engaged lives in their communities; (ii) standardize and simplify access to services; (iii) cover services that promote community integration and engagement; (iv) improve providers' capacity and quality by increasing compensation as they increase expertise; (v) achieve better outcomes for individuals supported in smaller community settings; (vi) facilitate meeting the Commonwealth's commitments under the community integration mandate of the American with Disabilities Act (42 USC § 12101 et seq.), the United States Supreme Court's decision in Olmstead v. L.C., and the 2012 U.S. Department of Justice Settlement Agreement; and (vii) make technical and clarifying changes.

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

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

Public Comment Deadline: October 24, 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 August 24, 2016, 11:15 a.m.
TITLE 12. HEALTH
Waivered Services
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 Medical Assistance Services intends to consider amending:

12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care Services;

12VAC30-60, Standards Established and Methods Used to Assure High Quality Care;

12VAC30-80, Methods and Standards for Establishing Payment Rates; Other Types of Care; and

12VAC30-120, Waivered Services.

The purpose of the proposed action is to redesign three of the department's existing home-based and community-based waivers as follows: the Individual and Family Developmental Disabilities Support Waiver (12VAC30-120-700 et seq.) becomes the Family and Individual Supports Waiver, the Intellectual Disability Waiver (12VAC30-120-1000 et seq.) becomes the Community Living Waiver, and the Day Support Waiver for Individuals with Mental Retardation (12VAC30-120-1500 et seq.) becomes the Building Independence Waiver.

The proposed redesign is intended to (i) better support individuals with disabilities to live integrated and engaged lives in their communities; (ii) standardize and simplify access to services; (iii) cover services that promote community integration and engagement; (iv) improve providers' capacity and quality by increasing compensation as they increase expertise; (v) achieve better outcomes for individuals supported in smaller community settings; (vi) facilitate meeting the Commonwealth's commitments under the community integration mandate of the American with Disabilities Act (42 USC § 12101 et seq.), the United States Supreme Court's decision in Olmstead v. L.C., and the 2012 U.S. Department of Justice Settlement Agreement; and (vii) make technical and clarifying changes.

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

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

Public Comment Deadline: October 24, 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 August 24, 2016, 11:15 a.m.