VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Board for Asbestos, Lead, and Home Inspectors is conducting a periodic review and small business impact review of each listed regulation. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

18VAC15-11, Public Participation Guidelines

18VAC15-20, Virginia Asbestos Licensing Regulations

18VAC15-30, Virginia Lead-Based Paint Activities Regulations

18VAC15-40, Home Inspector Licensing Regulations

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each 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.

Public comment period begins June 10, 2019, and ends July 1, 2019.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Trisha Henshaw, Executive Director, Virginia Board for Asbestos, Lead, and Home Inspectors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (866) 350-5354, or email alhi@dpor.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the review will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

COMMON INTEREST COMMUNITY BOARD

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Common Interest Community Board is conducting a periodic review and small business impact review of 18VAC48-30, Condominium Regulations. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

The purpose of this review is to determine whether this regulation should be repealed, 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.

Public comment period begins June 10, 2019, and ends July 1, 2019.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Trisha Henshaw, Executive Director, Common Interest Community Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510, FAX (866) 490-2723, or email cic@dpor.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

STATE CORPORATION COMMISSION

Bureau of Insurance

May 17, 2019

Administrative Letter 2019-02

TO: All Health Carriers Licensed in Virginia and Interested Parties

RE: External Review of Adverse Coverage Determinations for Cancer Patients

The purpose of this Administrative Letter is to provide guidance for the submission of complaint system filings, notice and policy form requirements to comply with the provisions of Chapter 826 (House Bill 1915) and Chapter 840 (Senate Bill 1161) enacted by the General Assembly during its 2019 legislative session.

Chapter 826 (House Bill 1915) and Chapter 840 (Senate Bill 1161) of the Acts of General Assembly, became effective April 3, 2019, and amend the following sections within Title 38.2 of the Code of Virginia: §§ 38.2-3559, 38.2-3560, 38.2-3561 and 38.2-3562. The bills establish that a covered person is not required to exhaust the health carrier's internal appeal process before seeking a standard or expedited external review of an adverse determination involving the treatment of cancer. In the event of an adverse determination, the health carrier must notify the covered person of this right. The bills are applicable to all plans offered by health carriers except those specifically excluded in § 38.2-3557 of the Code of Virginia.

Complaint System Filings

Section 38.2-5804 of the Code of Virginia requires all Managed Care Health Insurance Plans (MCHIPs) to file their complaint systems with the State Corporation Commission and the State Health Commissioner.  The State Corporation Commission's Bureau of Insurance (Bureau) anticipates that all health carriers will need to revise existing complaint and appeal procedures, and that all MCHIPs that are health carriers will need to refile for approval revised complaint and appeal procedures. The Bureau's Complaint System and Appeal Procedures/MCHIP Filing Requirements checklist has been updated to incorporate the new legislative requirements. The checklist can be found on the Bureau's website at http://www.scc.virginia.gov/boi/co/index.aspx.

In order to expedite and facilitate the review and approval of MCHIP complaint and appeal procedure filings, the Bureau requests that applicable MCHIPs complete and return the checklist with the filing of its new or revised procedures. MCHIPs should provide a red-line identification of the changes made to its procedures. Revised complaint system and appeal procedure filings that comply with this new requirement must be filed with the Bureau by June 3, 2019.

External Review Request Form

The External Review Request Form, Form 216-A, has been updated to allow the covered person to request a standard or expedited external review if an adverse determination involves treatment of cancer. The revised Form 216-A can be found on the Bureau's website at http://www.scc.virginia.gov/boi/omb/ext_review.aspx.

Policy Forms

In lieu of carriers filing endorsements to 2019 policy forms, health carriers may use the attached notice to inform policyholders of the external review process change. If a carrier chooses not to use this notice, or if a carrier has already sent a notice, the carrier should submit its sent or intended notice to the Bureau for review and approval. The Bureau will not penalize a carrier for sending a notice without our approval if such notice was sent prior to this Administrative Letter and accurately reflects the new requirements. If a carrier wishes to amend its policy forms instead of using the attached general notice, the carrier must submit the amendment to the Bureau by May 28, 2019, for review and approval.

Please contact the Bureau with any questions or requests for clarification. Questions or clarification regarding the external review process should be addressed to Kim Naoroz, Principal Insurance Market Examiner, Office of Independent External Review, Life and Health Division, Bureau of Insurance, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9913, FAX (804) 371-9915, or email kim.naoroz@scc.virginia.gov.

Questions or clarification regarding complaint system filings should be addressed to Todd Bryant, Principal Insurance Market Examiner, Office of the Managed Care Ombudsman, Life and Health Division, Bureau of Insurance, P. O. Box 1157, Richmond, VA 23218, telephone (804) 371-9760, FAX (804) 371-9944, or email todd.bryant@scc.virginia.gov.

/s/ Scott A. White
Commissioner of Insurance

Attachment

Notice to Policyholder and Dependents of

Revision to Your Appeal Process

This Notice Advises You of Expanded Protection to Your Appeal Process due to a Newly Enacted Virginia Law. Keep this Notice with Your Policy Documents.

Effective April 3, 2019, Virginia law requires that should you receive an "adverse determination" from [name of carrier or the utilization review entity] involving the treatment of cancer, you are not required to exhaust [name of carrier's] internal appeal process before requesting a standard or expedited independent external review. The notice you receive with an adverse determination will inform you of this right and provide you with necessary information.

"Adverse determination" means a determination by a health carrier or its designee utilization review entity that an admission, availability of care, continued stay, or other health care service that is a covered benefit has been reviewed and, based upon the information provided, does not meet the health carrier's requirements for medical necessity, appropriateness, health care setting, level of care, or effectiveness, and the requested service or payment for the service is therefore denied, reduced, or terminated.

You can find additional information concerning the appeal and external review process in your policy/certificate. Please direct any questions to:  ___________________.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Reams Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Dinwiddie County

Reams Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Dinwiddie County pursuant to 9VAC15-60. The project is located on approximately 1,500-2,000 acres west of Interstate 95, and approximately eight miles east of the town of Dinwiddie. The project conceptually consists of approximately 234,000
435-watt modules across 82.8 megawatts alternating current arrays, providing a facility net capacity of 80 megawatts alternating current.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4319, or email mary.major@deq.virginia.gov.

Walnut Solar I LLC Revised Notice of Intent for Small Renewable Energy Project (Solar)
Permit by Rule - King and Queen County

Walnut Solar I LLC has submitted a revised notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in King and Queen County pursuant to 9VAC15-60. The revised notice increases the size of the project to 149.90 megawatts. The project is located approximately two miles southeast of the community of Shacklefords on the south side of State Route 14 in King and Queen County. The project will be constructed on multiple parcels of land totaling approximately 1,800 acres and will use conventional solar panels to deliver up to 149.90 megawatts of electricity (alternating current) to an existing transmission line. Previous notices of intent on this project were published in the Virginia Register of Regulations on August 21, 2017 (33:26 VA.R. 3011) and October 1, 2018 (35:3 VA.R. 498).

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Public Hearing

Pursuant to § 2.2-4006 A 12 and § 36-100 of the Code of Virginia, the Board of Housing and Community Development will hold a public hearing on the Virginia Amusement Device Regulations (13VAC5-31), Virginia Statewide Fire Prevention Code (13VAC5-51), Virginia Uniform Statewide Building Code (13VAC5-63), and the Virginia Industrialized Building Safety Regulations (13VAC5-91).

At the public hearing, the board will also receive comments regarding the regulatory actions for Virginia Certification Standards (13VAC5-21), the Virginia Manufactured Home Safety Regulations (13VAC5-95), and the emergency cooling amendment to the Virginia Uniform Statewide Building Code (13VAC5-63-540). Public hearings regarding these three regulations will also be held after publication of the proposed regulations as stated in their respective Notices of Intended Regulatory Action.

The purpose of the public hearing is to consider updating the listed codes to the newest editions of the model codes and standards and to consider related proposals prior to the publication of proposed regulations.

The public hearing will be held at the Virginia Housing Center, 4224 Cox Road, Glen Allen, VA 23060, beginning at 10 am on July 22, 2019. For more information, please contact Kyle Flanders, telephone (804) 786-6761 or email kyle.flanders@dhcd.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Opportunity for Public Comment on the Draft Pharmacy (Appendix D) Provider Manual for Stakeholder Input

The new Pharmacy Appendix D provider manual is now posted on the Department of Medical Assistance Services website at http://www.dmas.virginia.gov/#/manualdraft for public comment through June 12, 2019.

Public comment period: May 13, 2019, through June 12, 2019.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Professional and Occupational Regulation is conducting a periodic review and small business impact review of 18VAC120-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

The purpose of this review is to determine whether this regulation should be repealed, 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.

Public comment period begins June 10, 2019, and ends July 1, 2019.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Mary Broz-Vaughan, Acting Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8519, FAX (804) 527-4408, or email director@dpor.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

STATE BOARD OF SOCIAL SERVICES

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services is conducting a periodic review and small business impact review of each listed regulation. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each 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.

22VAC40-680, Virginia Energy Assistance Program - Low Income Home Energy Assistance Program (LIHEAP)

Contact Information: Denise Surber, Energy Assistance Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7386, FAX (804) 726-7358, or email denise.t.surber@dss.virginia.gov.

22VAC40-780, Eligibility for Direct Social Services

Contact Information: Nikki Clarke Callaghan, Program Manager for Legislation and Regulations, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7943, FAX (804) 726-7499, or email nikki.clarke@dss.virginia.gov.

22VAC40-901, Community Services Block Grant Program

Contact Information: Matt Fitzgerald, Community Service Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7142, FAX (804) 726-7088, or email matt.fitzgerald@dss.virginia.gov.

Public comment period begins June 10, 2019, and ends July 1, 2019.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to the agency contacts listed in this notice.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the review will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

TREASURY BOARD

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of the Treasury and Treasury Board are conducting a periodic review and small business impact review of 1VAC75-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

The purpose of this review is to determine whether this regulation should be repealed, 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.

Public comment period begins June 10, 2019, and ends July 2, 2019.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to William Watt, Senior Policy Analyst, Treasury Board, 101 North 14th Street, 3rd Floor, Richmond, VA 23219, telephone (804) 371-6242, FAX (804) 225-3167, or email william.watt@trs.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

VIRGINIA WASTE MANAGEMENT BOARD

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality is conducting a periodic review and small business impact review of 9VAC20-81, Solid Waste Management Regulations. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

The purpose of this review is to determine whether this regulation should be repealed, 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.

Public comment period begins June 10, 2019, and ends July 1, 2019.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

STATE WATER CONTROL BOARD

Proposed Consent Order for Greensville County Water and Sewer Authority

An enforcement action has been proposed for Greensville County Water and Sewer Authority (WSA) for alleged violations that occurred at the Falling Run Wastewater Treatment Plant in Emporia, Virginia. The State Water Control Board proposes to issue a consent special order to Greensville County WSA to address noncompliance with State Water Control Board law. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Cynthia Akers will accept comments by email at cynthia.akers@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from June 10, 2019, to July 10, 2019.

Proposed Consent Order for Herndon
Car Wash LLC

An enforcement action has been proposed for Herndon Car Wash LLC for violations of the State Water Control Law and regulations at the Flagship Car Wash facility located in Herndon, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Flagship Car Wash facility. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Benjamin Holland will accept comments by email at benjamin.holland@deq.virginia.gov, or by postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from June 11, 2019, through July 11, 2019.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at https://commonwealthcalendar.virginia.gov.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents
/cumultab.pdf.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.