NOTICES OF INTENDED REGULATORY ACTION
Vol. 35 Iss. 5 - October 29, 2018

TITLE 1. ADMINISTRATION
Campaign Finance and Political Advertisements
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 Elections intends to consider amending 1VAC20-90, Campaign Finance and Political Advertisements. The purpose of the proposed action is to define "express advocacy" for the purpose of administering Virginia campaign finance law. The term is not defined in the Code of Virginia or in regulation. The State Board of Elections currently provides a definition of "express advocacy" in campaign finance summaries that the board is required to provide to candidates and the public. The board now seeks to adopt the federal definition of "express advocacy" in regulation to provide continuity and clarity to campaign finance interpretation and application. The proposed regulation will align Virginia's interpretation of express advocacy with the operative definition as provided in 11 CFR 100.22, the Federal Election Commission's regulation.

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

Statutory Authority: § 24.2-103 of the Code of Virginia.

Public Comment Deadline: November 28, 2018.

Agency Contact: David Nichols, Director of Election Services, Department of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8952, or email david.nichols@elections.virginia.gov.

VA.R. Doc. No. R19-5607; Filed October 5, 2018, 1:42 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, and 12VAC30-60, Standards Established and Methods Used to Assure High Quality Care. The purpose of the proposed action is to clarify that community mental health rehabilitative services fit under the umbrella of "rehabilitative services" under 42 CFR 440.130(d), services that are recommended by a physician or licensed practitioner for maximum reduction of physical or mental disability and restoration of a beneficiary to the beneficiary's best possible functional level. More specifically, the Centers for Medicare and Medicaid Services required the Department of Medical Assistance Services to more clearly define each service, list and define the subcomponents of each service, specify what type of professional could provide each subcomponent, specify what a unit of service is for each service, and provide the date that existing reimbursement rates were set. In addition, other changes are being considered to help ensure that Virginia offers a range of services that are person centered and meet the needs of Medicaid members, and that services use evidence-based practices and principles, including those that are outcome oriented, trauma informed, recovery oriented, and based upon clear medical necessity criteria.

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: November 28, 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. R19-5686; Filed September 27, 2018, 8:39 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, and 12VAC30-60, Standards Established and Methods Used to Assure High Quality Care. The purpose of the proposed action is to clarify that community mental health rehabilitative services fit under the umbrella of "rehabilitative services" under 42 CFR 440.130(d), services that are recommended by a physician or licensed practitioner for maximum reduction of physical or mental disability and restoration of a beneficiary to the beneficiary's best possible functional level. More specifically, the Centers for Medicare and Medicaid Services required the Department of Medical Assistance Services to more clearly define each service, list and define the subcomponents of each service, specify what type of professional could provide each subcomponent, specify what a unit of service is for each service, and provide the date that existing reimbursement rates were set. In addition, other changes are being considered to help ensure that Virginia offers a range of services that are person centered and meet the needs of Medicaid members, and that services use evidence-based practices and principles, including those that are outcome oriented, trauma informed, recovery oriented, and based upon clear medical necessity criteria.

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: November 28, 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. R19-5686; Filed September 27, 2018, 8:39 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Pharmacy
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 Pharmacy intends to consider amending 18VAC110-20, Regulations Governing the Practice of Pharmacy. The purpose of the proposed action is to amend 18VAC110-20-275 pertaining to the procedure for identifying all pharmacies involved in the filling and dispensing of a prescription. The proposed amendment would specify that a unique identifier on the prescription label is not required to identify a pharmacy solely involved in the holding of a prescription for pick-up or further delivery when that pharmacy has not shared in other filling or dispensing functions. The proposed action is the result of a petition for rulemaking.

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

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Public Comment Deadline: November 28, 2018.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

VA.R. Doc. No. R18-08; Filed October 4, 2018, 12:03 p.m.
TITLE 22. SOCIAL SERVICES
Permanency Services - Prevention, Foster Care, Adoption and Independent Living
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 22VAC40-201, Permanency Services - Prevention, Foster Care, Adoption and Independent Living. The purpose of the proposed action is to make changes to the permanency regulation, which provides standards for local departments of social services for prevention, foster care, adoption, and independent living services, consistent with the establishment of the Kinship Guardianship Assistance Program, § 63.2-1305 of the Code of Virginia, and clarifying the procedure for the filing of petitions related to foster care court proceedings. The intent of this action is to conform the regulation to the Code of Virginia and federal laws and to make any other changes the agency deems necessary after comments and review.

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 63.2-319 of the Code of Virginia.

Public Comment Deadline: November 28, 2018.

Agency Contact: Em Parente, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7895, FAX (804) 726-7538, or email em.parente@dss.virginia.gov.

VA.R. Doc. No. R19-5722; Filed October 10, 2018, 10:40 a.m.