DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Public Comment Opportunity on Proposed Variances to the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services
Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115), hereafter referred to as the "Human Rights Regulations," is announcing an opportunity for public comment on applications for proposed variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC). The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.
Each variance application references the specific part of the Human Rights Regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. After considering all available information including comments, the SHRC intends to prepare a written decision deferring, disapproving, modifying, or approving each variance application. All variances shall be approved for a specific time period. The decision and reasons for the variance will be published in a later issue of this Register.
Purpose of notice: The SHRC is seeking comment on the following applications for proposed variances to the Human Rights Regulations:
1. Renewal of Variances for DBHDS Western State Hospital (WSH).
Variance to Procedures for Behavioral Treatment Plans:
12VAC35-115-105 H: Providers shall not use seclusion in a behavioral treatment plan.
Variance to Procedures for Use of Seclusion, Restraint, and Time Out:
12VAC35-115-110 C 3: Only residential facilities for children that are licensed under the Regulations for Children's Residential Facilities (12VAC35-46) and inpatient hospitals may use seclusion and only in an emergency.
Explanation: The requested variances will allow WSH to place an individual in an environment of seclusion, at the individual's request, and not as related to an emergency, in order to prevent self-injurious harm to the individual and to the staff members responsible for his care.
2. New Variance for DBHDS Commonwealth Center for Children and Adolescents (CCCA).
Variance to Procedures for Behavioral Treatment Plans:
12VAC35-115-105 H: Providers shall not use seclusion in a behavioral treatment plan.
Explanation: The requested variance will allow CCCA to place the individual (youth) in seclusion when different alternatives have been attempted without sustained success in maintaining safe behaviors as part of the behavioral treatment plan.
Variances to these regulations by the state facilities listed are reviewed by the SHRC at least annually, with reports to the SHRC regarding the variances as requested.
3. New Variance for Youth for Tomorrow New Life Center, Inc.
Variance to Procedures to Ensure Dignity:
12VAC35-115-50 C 7 and C 8: Generally granting an individual the right to communicate privately with anyone via telephone and to have or refuse visitors, unless certain listed exceptions are met.
Explanation: In order to maintain the safety and security of individuals (youth), the program may restrict communication via telephone and in person visitation to only those names placed on a list generated by the parent or legal guardian and the resident.
The requested variance will allow Youth for Tomorrow New Life Center, Inc. to utilize an approved contact list for phone calls and an approved contact list for visitation for each individual. The lists shall be developed by the individual's parent or legal guardian in order to protect the best interests of the individual. The individual shall be present and given the opportunity to participate with the parent or legal guardian in creating the phone and visitation lists.
Public comment period: December 6, 2021, through January 6, 2022.
Description of proposal: The proposed variance applications must comply with the general requirements of Part VI, Variances (12VAC35-115-220), of the Human Rights Regulations.
How to comment: The SHRC accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DBHDS, who will provide them to the SHRC, by the last day of the comment period. All information received is part of the public record.
To review a proposal: Variance applications and any supporting documentation may be obtained by contacting the DBHDS representative listed.
Contact Information: Taneika Goldman, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-3988, FAX (833) 734-1241, or email taneika.goldman@dbhds.virginia.gov.
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
Public Hearing Announcement
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 Uniform Statewide Building Code (13VAC5-63), Virginia Statewide Fire Prevention Code (13VAC5-51), Virginia Amusement Device Regulations (13VAC5-31), and the Virginia Industrialized Building Safety Regulations (13VAC5-91).
The purpose of the public hearing is to consider updating the 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 Virginia Housing Development Authority, 601 South Belvidere Street, Richmond, VA 23220, beginning at 10 a.m. on January 10, 2022. For more information, contact Kyle Flanders at telephone (804) 786-6761 or email kyle.flanders@dhcd.virginia.gov. See the Virginia Regulatory Town Hall website for additional details at https://townhall.virginia.gov/.
Contact Information: Kyle Flanders, Senior Policy Analyst, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804) 371-7090.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Intent to Amend the Virginia State Plan for Medical Assistance Pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13)) - Personal Care Rate Increase
The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates; Other Types of Care (12VAC30-80).
This notice is intended to satisfy the requirements of 42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review from the contact listed at the end of the notice.
Comment period began on November 12, 2021, and ends December 12, 2021.
DMAS is specifically soliciting input from stakeholders, providers and beneficiaries, on the potential impact of the proposed changes discussed in this notice. Comments or inquiries may be submitted, in writing to Meredith Lee and such comments are available for review at the same address. Comments may also be submitted, in writing, on the Town Hall public comment forum at https://townhall.virginia.gov/L/generalnotice.cfm.
In accordance with Amendment Item 313 #17c, DMAS is increasing the rates for agency-directed and consumer-directed personal care services under the Early Periodic Screening, and Diagnosis and Treatment (EPSDT) benefit by 12.5%, effective January 1, 2022. A corresponding rate increase of 12.5% will be provided for these services and for companion and respite services provided under home and community-based waivers, however, the increase is not included in a state plan amendment but via waiver documentation.
The expected increase in annual aggregate expenditures is $41,365,521 in state general funds, $155,872 in special funds and $42,793,026 in federal funds in federal fiscal year 2022.
Contact Information: Meredith Lee, Policy, Regulations, and Manual Supervisor, 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.
STATE WATER CONTROL BOARD
Proposed Judicial Consent Decree Amendment for Hampton Roads Sanitation District
The Commonwealth of Virginia and the United States of America are proposing to amend a judicial consent decree with Hampton Roads Sanitation District (HRSD) for violations of the Commonwealth's State Water Control Law and regulations and the Clean Water Act related to the HRSD sanitary sewer system and sewage treatment plants serving Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, Gloucester, Isle of Wight, James City, York, and Smithfield, Virginia. The proposed consent decree amendment is available at the office listed or online at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. Comments will be accepted by the contact person from December 6, 2021, through January 5, 2022.
Contact Information: Kristen Sadtler, 1111 East Main Street, Richmond, VA 23219, telephone (804) 698-4149, FAX (804) 698-4178, or email kristen.sadtler@deq.virginia.gov.
Proposed Enforcement Action for Norfolk Southern Railway Company
An enforcement action has been proposed for Norfolk Southern Railway Company for violations related to railway maintenance located approximately 0.16 miles southwest of the Gap Road and Dismal Hollow Road intersection in Warren County, Virginia. The State Water Control Board proposes to issue a consent order with penalty to Norfolk Southern Railway Company to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact will accept comments by email, fax, or postal mail from December 6, 2021, to January 8, 2022.
Contact Information: Eric Millard, Enforcement Specialist, Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX (804) 698-4178, or email eric.millard@deq.virginia.gov.
Proposed Enforcement Action for Norfolk Southern Railway Company
An enforcement action has been proposed for Norfolk Southern Railway Company for violations related to railway maintenance located near McIntire Park Drive in the City of Charlottesville, Virginia. The State Water Control Board proposes to issue a consent order with penalty to Norfolk Southern Railway Company to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact will accept comments by email, fax or postal mail from December 6, 2021, to January 5, 2022.
Contact Information: Eric Millard, Enforcement Specialist, Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX (804) 698-4178, or email eric.millard@deq.virginia.gov.
Proposed Enforcement Action for Titan Virginia Ready-Mix LLC
An enforcement action has been proposed for Titan Virginia Ready-Mix LLC for violations of the State Water Control Law and regulations at the Titan Virginia Ready-Mix LLC - Springfield located in Springfield, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Titan Virginia Ready-Mix LLC - Springfield facility. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact will accept comments by email or postal mail from December 7, 2021, through January 6, 2022.
Contact Information: Benjamin Holland, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22201, or email benjamin.holland@deq.virginia.gov.
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.