TITLE 12. HEALTH

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Extension of Emergency Regulation

Titles of Regulations: 12VAC30-50. Amount, Duration, and Scope of Medical and Remedial Care Services (amending 12VAC30-50-140, 12VAC30-50-150, 12VAC30-50-180; adding 12VAC30-50-228, 12VAC30-50-491).

12VAC30-60. Standards Established and Methods Used to Assure High Quality Care (adding 12VAC30-60-180, 12VAC30-60-185).

12VAC30-80. Methods and Standards for Establishing Payment Rates; other Types of Care (adding 12VAC30-80-32).

12VAC30-120. Waivered Services (amending 12VAC30-120-310, 12VAC30-120-380).

Statutory Authority: §§32.1-324 and 32.1-325 of the Code of Virginia.

Effective Dates: July 1, 2007, through December 29, 2008.

The Department of Medical Assistance Services requested an extension of the above-referenced emergency regulations pursuant to §2.2-4011 of the Code of Virginia. The emergency regulations were published in 23:21 3510-3519 June 25, 2007 (http://legis.state.va.us/codecomm/register/vol23/iss21/v23i21.pdf) with effective dates of July 1, 2007, through June 30, 2008.

The 2007 Acts of Assembly, Chapter 847, Item 302 PPP required that the Department of Medical Assistance Services (DMAS) amend the State Plan for Medical Assistance to provide coverage of substance abuse treatment services for children and adults, effective July 1, 2007.  Substance Abuse Treatment Services were implemented on that date, with a proposed regulation following the emergency regulation.  Following the implementation of the services, DMAS submitted to the Centers for Medicare and Medicaid Services (CMS), the federal agency that authorizes states to make changes to their Medicaid programs, would require substantial changes to Virginia’s new coverage of Substance Abuse Treatment Services (SAS).  DMAS is still involved in protracted negotiations with CMS regarding reimbursement for SAS, as well the implementation of case management services for SAS. This last issue is one of national importance, with Congress currently passing legislation to put a moratorium on CMS’ regulations on this issue.  The final nature of the SAS regulations is therefore yet to be determined.

The Governor approved the department's request to extend the expiration date of the emergency regulations for six months as provided in §2.2-4011 D of the Code of Virginia.  Therefore, the regulations will continue in effect through December 29, 2008.

Agency Contact: Catherine Hancock, Policy & Research Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 225-4272, FAX (804) 786-1680, or email catherine.hancock@dmas.virginia.gov.

VA.R. Doc. No. R07-262; Filed September 16, 2008, 10:10 a.m.