TITLE 3. ALCOHOLIC BEVERAGES
Retail Operations
Notice of Intended Regulatory Action
Notice is hereby given in accordance with § 2.2-4007.01 of the
Code of Virginia that the Alcoholic Beverage Control Authority intends to
consider amending 3VAC5-50, Retail Operations. The purpose of the
proposed action is to amend 3VAC5-50-160 to permit advertising of happy hour so
long as the advertisement neither advertises pricing nor induces minors or
other interdicted individuals to drink, nor encourages persons to drink in
excess. Further amendments (i) delete provisions that appear in other authority
regulations and (ii) add a provision regarding consistent adherence with other
authority regulations.
The agency does not intend to hold a public hearing on the
proposed action after publication in the Virginia Register.
Statutory Authority: §§ 4.1-103 and 4.1-111 of the
Code of Virginia.
Public Comment Deadline: November 1, 2018.
Agency Contact: LaTonya D. Hucks, Legal Liaison,
Department of Alcoholic Beverage Control, 2901 Hermitage Road, Richmond, VA
23220, telephone (804) 213-4698, FAX (804) 213-4574, or email
latonya.hucks@abc.virginia.gov.
VA.R. Doc. No. R19-5585; Filed August 30, 2018, 12:17 p.m.
TITLE 8. EDUCATION
Regulations Governing Certification of Certain Institutions to Confer Degrees, Diplomas and Certificates
Notice of Intended Regulatory Action
Notice is hereby given in accordance with § 2.2-4007.01 of the
Code of Virginia that the State Council of Higher Education for Virginia
intends to consider amending 8VAC40-31, Regulations Governing Certification
of Certain Institutions to Confer Degrees, Diplomas and Certificates. The
purpose of the proposed action is to amend the regulation governing
postsecondary schools to include enrollment agreements between students and
regulated institutions as mandated by Chapter 298 of the 2017 Acts of Assembly.
Amendments include required elements, including disclosures, to be incorporated
into enrollment agreements as prescribed by the council.
The agency does not intend to hold a public hearing on the
proposed action after publication in the Virginia Register.
Statutory Authority: § 23-276.3 of the Code of Virginia.
Public Comment Deadline: October 31, 2018.
Agency Contact: Sylvia Rosa-Casanova, State Council of
Higher Education for Virginia, James Monroe Building, 101 North 14 Street,
Richmond, VA 23219, telephone (804) 225-3399, FAX (804) 225-2604, or email
sylviarosacasanova@schev.edu.
VA.R. Doc. No. R19-5154; Filed August 30, 2018, 11:56 a.m.
TITLE 9. ENVIRONMENT
Virginia Pollution Abatement Regulation and General Permit for Poultry Waste Management
Notice of Intended Regulatory Action
Notice is hereby given in accordance with § 2.2-4007.01 of the
Code of Virginia that the State Water Control Board intends to consider
amending 9VAC25-630, Virginia Pollution Abatement Regulation and General
Permit for Poultry Waste Management. The purpose of the proposed action is
to reissue, and amend if necessary, the existing regulation and general permit
in order to continue the general permit coverage of nearly 1,000 confined
poultry feeding operations. The current Virginia pollution abatement (VPA)
general permit expires on November 30, 2020. The VPA Regulation and General
Permit for Poultry Waste Management governs the management of poultry feeding
operations that confine 200 or more animal units (20,000 chickens or 11,000
turkeys) and establishes the utilization, storage, tracking, and accounting
requirements related to poultry waste.
In addition, this regulation will undergo a periodic review
pursuant to Executive Order 14 (2018) 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 intends to hold a public hearing on the proposed
action after publication in the Virginia Register.
Statutory Authority: §§ 62.1-44.15 and
62.1-44.17:1.1 of the Code of Virginia.
Public Comment Deadline: October 31, 2018.
Agency Contact: Betsy Bowles, Department of
Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4059, FAX (804) 698-4032, or email
betsy.bowles@deq.virginia.gov.
VA.R. Doc. No. R19-5666; Filed September 10, 2018, 2:34 p.m.
TITLE 12. HEALTH
Regulations for Licensure of Abortion Facilities
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 12VAC5-412,
Regulations for Licensure of Abortion Facilities, which governs the
licensure of facilities that perform five or more first trimester abortions per
month. The purpose of the proposed action is to assess all current regulation
content and determine whether it should be amended or retained in its current
form. This action may address comments received during the public comment
period for this Notice of Intended Regulatory Action and subsequent stages of
this action as well as comments received during the public hearing.
The agency intends to hold a public hearing on the proposed
action after publication in the Virginia Register.
Statutory Authority: §§ 32.1-12 and 32.1-127 of the Code
of Virginia.
Public Comment Deadline: October 31, 2018.
Agency Contact: Ruthanne Risser, Acute Care Division
Director, Office of Licensure and Certification, Virginia Department of Health,
9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2156, FAX
(804) 527-4502, or email regulatorycomment@vdh.virginia.gov.
VA.R. Doc. No. R19-5664; Filed September 7, 2018, 11:21 a.m.
TITLE 12. HEALTH
Private Well Regulations
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 12VAC5-630, Private Well Regulations. The purpose of the
proposed action is to amend the regulation based on current industry standards,
comments received during the periodic review process, and comments received
from the Private Well Regulations Workgroup to ensure the regulations (i) are
protective of public health and the environment, (ii) address changes in
current standards and practices, (iii) clarify regulatory language, and (iv)
improve consistency with other regulations related to private wells and
groundwater resources.
This Notice of Intended Regulatory Action serves as the report
of the findings of the regulatory review pursuant to § 2.2-4007.1 of the
Code of Virginia.
The agency does not intend to hold a public hearing on the
proposed action after publication in the Virginia Register.
Statutory Authority: § 32.1-176.4 of the Code of
Virginia.
Public Comment Deadline: October 31, 2018.
Agency Contact: Dwayne Roadcap, Director, Division of
Onsite Sewage and Water Services, Virginia Department of Health, 109 Governor
Street, Richmond, VA 23219, telephone (804) 864-7470, FAX (804) 864-7475, or
email dwayne.roadcap@vdh.virginia.gov.
VA.R. Doc. No. R19-5654; Filed August 30, 2018, 2:32 p.m.
TITLE 12. HEALTH
Methods and Standards for Establishing Payment Rates-Inpatient Hospital 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 12VAC30-70, Methods and Standards for Establishing Payment
Rates-Inpatient Hospital Services, and 12VAC30-80, Methods and Standards
for Establishing Payment Rates; Other Types of Care, and promulgating 12VAC30-160,
Hospital Assessment. The purpose of the proposed action is to
authorize the Department of Medical Assistance Services to levy assessments
upon private acute care hospitals operating in Virginia to fund new Medicaid
coverage for adults as well as new Medicaid hospital supplemental payments,
establish new supplemental inpatient and outpatient payments for qualifying
private acute care hospitals, and sunset supplemental payments made to certain
private teaching hospitals to avoid overlapping supplemental payments. The
proposed action implements §§ 3-5.15 and 3-5.16 and Item 303 XX 6 C of the
Appropriation Act (Chapter 2 of the 2018 Acts of Assembly).
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 et seq.
Public Comment Deadline: October 31, 2018.
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. R19-5591; Filed September 11, 2018, 11:18 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 12VAC30-70, Methods and Standards for Establishing Payment
Rates-Inpatient Hospital Services, and 12VAC30-80, Methods and Standards
for Establishing Payment Rates; Other Types of Care, and promulgating 12VAC30-160,
Hospital Assessment. The purpose of the proposed action is to
authorize the Department of Medical Assistance Services to levy assessments
upon private acute care hospitals operating in Virginia to fund new Medicaid
coverage for adults as well as new Medicaid hospital supplemental payments,
establish new supplemental inpatient and outpatient payments for qualifying
private acute care hospitals, and sunset supplemental payments made to certain
private teaching hospitals to avoid overlapping supplemental payments. The
proposed action implements §§ 3-5.15 and 3-5.16 and Item 303 XX 6 C of the
Appropriation Act (Chapter 2 of the 2018 Acts of Assembly).
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 et seq.
Public Comment Deadline: October 31, 2018.
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. R19-5591; Filed September 11, 2018, 11:18 a.m.
TITLE 12. HEALTH
Hospital Assessment
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 12VAC30-70, Methods and Standards for Establishing Payment
Rates-Inpatient Hospital Services, and 12VAC30-80, Methods and Standards
for Establishing Payment Rates; Other Types of Care, and promulgating 12VAC30-160,
Hospital Assessment. The purpose of the proposed action is to
authorize the Department of Medical Assistance Services to levy assessments
upon private acute care hospitals operating in Virginia to fund new Medicaid
coverage for adults as well as new Medicaid hospital supplemental payments,
establish new supplemental inpatient and outpatient payments for qualifying
private acute care hospitals, and sunset supplemental payments made to certain
private teaching hospitals to avoid overlapping supplemental payments. The
proposed action implements §§ 3-5.15 and 3-5.16 and Item 303 XX 6 C of the
Appropriation Act (Chapter 2 of the 2018 Acts of Assembly).
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 et seq.
Public Comment Deadline: October 31, 2018.
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. R19-5591; Filed September 11, 2018, 11:18 a.m.