DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for Red Hill Utility LLC

The Virginia Department of Environmental Quality (DEQ) proposes to issue a consent special order to Red Hill Utility LLC for alleged violation of the State Water Control Law at 3812 Puddledock Drive, Prince George County, Virginia. A description of the proposed action is available at the DEQ office named in this notice or online at www.deq.virginia.gov. DEQ will accept comments from April 8, 2024, to May 8, 2024.

Contact Information: Jeff Reynolds, Regional Enforcement Manager, Department of Environmental Quality, 4949A Cox Road, Glen Allen, Virginia 23060, telephone (804) 720-4754, or email jefferson.reynolds@deq.virginia.gov.

STATE BOARD OF HEALTH

Annual Adjustment of Capital Expenditure Threshold for Certificate of Public Need Program Available

Section 32.1-102.1:2 C of the Code of Virginia states:

"No general hospital shall make any capital expenditure of $5 million or more and no medical care facility other than a general hospital shall make any capital expenditure between $5 million and the amount established by the [State Board of Health] as the minimum capital expenditure by a medical care facility other than a general hospital for which a certificate is required pursuant to subdivision B 8 of § 32.1-102.1:3 without first registering such capital expenditure with the [State Health Commissioner] pursuant to regulations of the Board. The amounts specified in this subsection shall be revised annually to reflect inflation using appropriate measures incorporating construction costs and medical inflation."

Section 32.1-102.1:3 B of the Code of Virginia states, in relevant part:

"The following actions undertaken by or on behalf of a medical care facility described in subsection A shall constitute a project for which a certificate of public need is required pursuant to subsection A of § 32.1-102.1:2:

8. Any capital expenditure of $15 million or more, not defined as reviewable in subdivisions 1 through 7 [of this subsection], by or on behalf of a medical care facility described in subsection A other than a general hospital. The amounts specified in this subdivision shall be revised annually to reflect inflation using appropriate measures incorporating construction costs and medical inflation…"

12VAC5-220-110 B states that the capital expenditure threshold is annually adjusted:

"…using the percentage increase listed in the Consumer Price Index for All Urban Consumers (CPI-U) for the most recent year as follows:

A x (1+B)

where:

A = the capital expenditure threshold amount for the previous year

and

B = the percent increase for the expense category "Medical Care" listed in the most recent year available of the CPI-U of the U.S. Bureau of Labor Statistics."

Additionally, 12VAC5-220-110 D requires the Virginia Department of Health to annually "(i) publish the threshold amount in the General Notices section of the Virginia Register of Regulations and (ii) post the threshold amount on its website."

The previous year's threshold requiring a certificate of public need was $22,068,371 and the threshold requiring registration was $7,343,590. Using the calculation of A x (1+B) listed in 12VAC5-220-110 B and the 2023 CPI-U percentage of 0.5% for medical care, the current year's thresholds are as follows:

Threshold for capital expenditures requiring a certificate of public need is $22,178,713.

Threshold for capital expenditures requiring registration is $7,380,308.

Contact Information: Erik Bodin, Certificate of Public Need Division Director, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Henrico, VA 23233, telephone (804) 367-1889, FAX (804) 527-4502, or email erik.bodin@vdh.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Announcing Intent to Amend State Plan - Removal of Duplicative Language

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 § 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 DMAS staff member listed in this notice.

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 within 30 days of this notice publication to the DMAS staff member listed and such comments are available for review at the DMAS office listed in this notice. Comments may also be submitted in writing on the Virginia Regulatory Town Hall at: https://townhall.virginia.gov/L/generalnotice.cfm.

Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80).

DMAS is revising the state plan to remove redundant language. DMAS submitted a previous state plan amendment (SPA) related to School Services (SPA 21-017), which was approved by Centers for Medicare and Medicaid Services on September 26, 2023. In that SPA, DMAS inadvertently included some of the old school services text, intended for removal. Consequently, this SPA will repeal the outdated language, which is duplicative and unnecessary.

Contact Information: Jimeequa H. Williams, Regulatory Coordinator, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 225-3508, or email jimeequa.williams@dmas.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North Ninth Street, Fourth 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.