NOTICES OF INTENDED REGULATORY ACTION
Vol. 35 Iss. 3 - October 01, 2018

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.