STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Initial Draft of a New Center-Based Service Specific Chapter for 12VAC35-105, Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services, Available for Review
To: Providers Licensed by the Department of Behavioral Health and Developmental Services
From: Jae Benz, Director, Office of Licensing
Subject: Response to Periodic Review: Overhaul of Licensing Regulations to Service
Specific Chapters - Initial drafts of Center-Based Chapter and Case Management Chapter
Background. In late 2017, the Department of Behavioral Health and Developmental Services (DBHDS) conducted a periodic review of the Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (12VAC35-105) (Licensing Regulations). At the completion of that review, the department decided amendments to the regulation were needed. After researching other states and other agencies within Virginia, the Office of Licensing decided to split the regulation into several separate regulatory chapters, revising both the structure and the content.
In response to significant public comment, the structure will include one overarching General Chapter that will apply to all providers and five service specific chapters: Residential, Home/Non-Center Based, Center-Based, Case Management, and Crisis. Please see the list of chapters at the end of this notice. This methodology allows DBHDS to write more detailed service specific regulations that will assist providers in understanding exactly which regulatory provisions apply to their services.
In late 2019, the Office of Licensing published an initial draft of the General Chapter for public comment and also held two regulatory advisory panel (RAP) meetings to receive technical assistance on the content of that initial draft. Since reviewing the public comments received and the feedback provided by the RAP, DBHDS published in 2021 a revised draft of the General Chapter and also initial drafts of a Residential Chapter and a Home/Non-Center Based Chapter.
Drafts for Comment. DBHDS is releasing initial drafts of the Center-Based and the Case Management chapters for public comment.
Public comment: August 15, 2022, to September 30, 2022.
All drafts are accessible at https://townhall.virginia.gov/L/generalnotice.cfm. The link to the initial draft of the Center-Based Chapter is https://dbhds.virginia.gov/wp-content/uploads/2022/07/Center-Based-Service-Chapter.2022.7.12.pdf. Both drafts and this memo are posted at https://dbhds.virginia.gov/quality-management/Office-of-Licensing.
Provide feedback via the public comment forums for any of the draft chapters using the links or by emailing Susan Puglisi, Regulatory Research Specialist, DBHDS Office of Regulatory Affairs, at susan.puglisi@dbdhs.virginia.gov. Public comments may also be submitted by fax (804) 371-4609, or by postal mail to Susan Puglisi, DBHDS, Jefferson Building, Room 411, 1220 Bank Street, Richmond, VA 23219. Direct questions to Susan Puglisi or to Ruth Anne Walker, Director of the Office of Regulatory Affairs at ruthanne.walker@dbhds.virginia.gov.
Future Drafts. Work continues on the last of the newly structured chapter, the initial draft Crisis Chapter, and continued revisions to previously published chapters.
Response to Periodic Review versus Behavioral Health Redesign. It is important to distinguish this drafting effort of the response to periodic review of the Licensing Regulations from other current discussions and regulatory actions regarding only behavioral health redesign (Project BRAVO).
Response to Periodic Review: Draft changes for the response to periodic review will be in a separate action and are not expected to take effect until 2024 following the rulemaking process of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), which takes an average of 18 months to two years to complete. These are only drafts at this time; no formal regulatory action has been filed.
Behavioral Health Redesign (Project BRAVO): The Licensing Regulations will be the vehicle for any required department regulatory changes that come from the behavioral health redesign, currently in effect through emergency regulations authorized by the General Assembly at http://register.dls.virginia.gov/details.aspx?id=9389.
List of Drafts in Progress.
Initial Draft for Services by chapter:
Center-Based Chapter:
• Center-based day support service
• Mental health intensive outpatient service
• Mental health outpatient service
• Mental health partial hospitalization
• Substance abuse partial hospitalization
• Psychosocial rehabilitation service
• Substance abuse intensive outpatient
• Substance abuse outpatient
• Center based therapeutic day treatment for children and adolescents
• Center based respite service
• Medication assisted opioid treatment programs
Case Management Chapter:
• Case management
Drafts Under Development for Crisis Chapter:
• 23-Hour crisis stabilization
• Crisis intervention
• Emergency services
• Community based crisis stabilization
• Crisis stabilization unit
• Residential crisis stabilization
• Non-residential crisis stabilization
• REACH
Contact Information: Susan H. Puglisi, Regulatory Research Specialist, Office of Regulatory Affairs, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Room 411, Richmond, VA 23219, telephone (804) 371-8043, FAX (804) 371-4609, TDD (804) 371-8977, or email susan.puglisi@dbhds.virginia.gov.
Initial Draft of a New Case Management Service Specific Chapter for 12VAC35-105, Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services, Available for Review
To: Providers Licensed by the Department of Behavioral Health and Developmental Services
From: Jae Benz, Director, Office of Licensing
Subject: Response to Periodic Review: Overhaul of Licensing Regulations to Service Specific Chapters - Initial DRAFTS of Center-Based Chapter' and 'Case Management Chapter
Background. In late 2017, the Department of Behavioral Health and Developmental Services (DBHDS) conducted a periodic review of the Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (12VAC35-105) (Licensing Regulations). At the completion of that review, the department decided amendments to the regulation were needed. After researching other states and other agencies within Virginia, the Office of Licensing decided to split the regulations into several separate regulatory chapters, revising both the structure and the content.
In response to significant public comment, the structure will include one overarching General Chapter that will apply to all providers and five service specific chapters: Residential, Home/Non-Center Based, Center-Based, Case Management, and Crisis. Please see the list of chapters at the end of this notice. This methodology allows DBHDS to write more detailed service specific regulations that will assist providers in understanding exactly which regulatory provisions apply to their services.
In late 2019, the Office of Licensing published an initial draft of the General Chapter for public comment and also held two regulatory advisory panel (RAP) meetings to receive technical assistance on the content of that initial draft. Since reviewing the public comments received and the feedback provided by the RAP, DBHDS published in 2021 a revised draft of the General Chapter and also initial drafts of a Residential Chapter and a Home/Non-Center Based Chapter.
Drafts for Comment. DBHDS is releasing initial drafts of the Center-Based and the Case Management chapters for public comment.
Public comment: August 15, 2022, to September 30, 2022.
All drafts are accessible at https://townhall.virginia.gov/L/generalnotice.cfm. The link to the initial draft of the Center-Based Chapter is https://dbhds.virginia.gov/wp-content/uploads/2022/07/Case-Management-Service-Chapter.2022.07.12.pdf. Both drafts and this memo are posted at https://dbhds.virginia.gov/quality-management/Office-of-Licensing.
Provide feedback via the public comment forums for any of the draft chapters using the links or by emailing Susan Puglisi, Regulatory Research Specialist, DBHDS Office of Regulatory Affairs, at susan.puglisi@dbdhs.virginia.gov. Public comments may also be submitted by fax (804) 371-4609, or by postal mail to Susan Puglisi, DBHDS, Jefferson Building, Room 411, 1220 Bank Street, Richmond, VA 23219. Direct questions to Susan Puglisi or to Ruth Anne Walker, Director of the Office of Regulatory Affairs at ruthanne.walker@dbhds.virginia.gov.
Future Drafts. Work continues on the last of the newly structured chapter, the initial draft Crisis Chapter, and continued revisions to previously published chapters.
Response to Periodic Review versus Behavioral Health Redesign. It is important to distinguish this drafting effort of the response to periodic review of the Licensing Regulations from other current discussions and regulatory actions regarding only behavioral health redesign (Project BRAVO).
Response to Periodic Review: Draft changes for the response to periodic review will be in a separate action and are not expected to take effect until 2024, following the rulemaking process of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), which takes an average of 18 months to two years to complete. These are only drafts at this time; no formal regulatory action has been filed.
Behavioral Health Redesign (Project BRAVO): The Licensing Regulations will be the vehicle for any required department regulatory changes that come from the behavioral health redesign, currently in effect through emergency regulations authorized by the General Assembly at http://register.dls.virginia.gov/details.aspx?id=9389.
List of Drafts in Progress.
Initial Draft for Services by chapter:
Center-Based Chapter:
• Center-based day support service
• Mental health intensive outpatient service
• Mental health outpatient service
• Mental health partial hospitalization
• Substance abuse partial hospitalization
• Psychosocial rehabilitation service
• Substance abuse intensive outpatient
• Substance abuse outpatient
• Center based therapeutic day treatment for children and adolescents
• Center based respite service
• Medication assisted opioid treatment programs
Case Management Chapter:
• Case management
Drafts Under Development for Crisis Chapter:
• 23-Hour crisis stabilization
• Crisis intervention
• Emergency services
• Community based crisis stabilization
• Crisis stabilization unit
• Residential crisis stabilization
• Non-residential crisis stabilization
• REACH
Contact Information: Susan H. Puglisi, Regulatory Research Specialist, Office of Regulatory Affairs, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Room 411, Richmond, VA 23219, telephone (804) 371-8043, FAX (804) 371-4609, TDD (804) 371-8977, or email susan.puglisi@dbhds.virginia.gov.
Notice of Periodic Review
A periodic review will be conducted as part of a regulatory action to amend 12VAC35-230, Operation of the Individual and Family Support Program at https://townhall.virginia.gov/l/ViewAction.cfm?actionid=5999.
Contact Information: Ruth Anne Walker, Director of Regulatory Affairs, Jefferson Building, Department of Behavioral Health and Developmental Services, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252, FAX (804) 371-4609.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Enforcement Action for Chaney Enterprises Limited Partnership
An enforcement action has been proposed for Chaney Enterprises Limited Partnership for violations of State Water Control Law and regulations and applicable permit at the Chaney Enterprises facility located in Gainesville, Virginia. The proposed consent order is available from the Department of Environmental Quality (DEQ) contact or at www.deq.virginia.gov/permits-regulations/public-notices. The DEQ contact will accept written comments from August 16, 2022, to September 15, 2022.
Contact Information: Jim Datko, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email james.datko@deq.virgnia.gov.
Proposed Enforcement Action for the Fort Powhatan Solar Project
The Department of Environmental Quality (DEQ) proposes to issue a consent special order to Virginia Electric and Power Company doing business as Dominion Energy Virginia for alleged violation of the State Water Control Law at the Fort Powhatan Solar Project located off Wards Creek Road and Fort Powhatan Road in Prince George County, Virginia. A description of the proposed action is available at the DEQ office listed or online at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact person will accept comments by email from August 15, 2022, through September 15, 2022.
Contact Information: Matt Richardson, Enforcement Specialist, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 659-2696, or email matthew.richardson@deq.virginia.gov.
Proposed Enforcement Action for LGI Homes - Virginia LLC
The Department of Environmental Quality proposes to issue a consent special order to LGI Homes - Virginia LLC for alleged violation of the State Water Control Law at the Meadows Sections 3 site located off Meadowview Boulevard in Prince George County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact person will accept comments by email or postal mail from August 15, 2022, through September 14, 2022.
Contact Information: Matt Richardson, Enforcement Specialist, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 659-2696, or email matthew.richardson@deq.virginia.gov.
Shifting Sands Solar Project Notice of Intent for Small Renewable Energy Project (Solar) - Henry County
Shifting Sands Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documents for a permit by rule for a small renewable energy project (solar) in Henry County. Shifting Sands Solar Project will be located in Ridgeway, Virginia. Latitude and longitude coordinates are 36.617650, -79.850742. The proposed project is an approximately 18.8-megawatt alternative current photovoltaic ground-mounted solar facility. The footprint area of the project is approximately 260 acres. The solar array will use approximately 51,000 photovoltaic solar panels.
Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 664-3470, FAX (804) 698-4178, or email susan.tripp@deq.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Draft Nursing Facilities Provider Manual
The draft Nursing Facilities Provider Manual Chapter II and Appendix H are now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/ for public comment until August 18, 2022.
Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.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.