Virginia



For more information, please visit: . REGULATIONSDepartment for Aging and Rehabilitative Services (DARS):STATUSCHAPTERDESCRIPTIONAmend - Final (Exempt)22VAC30-40 Protections for Participants in Human ResearchThe 2020 Acts of Assembly, Chapter 728, added area agencies on aging (AAAs) to listing of entities subject to the department’s human research review committee. This final exempt package carries the change through the regulatory chapter. The package is currently under review with the Department of Planning and Budget (DPB). Proposed In Process 22VAC30-60 Grants to AAAsPeriodic Review completed 1/14/2019 after a 21-day comment period. Agency result is to amend. A Notice of Intended Regulatory Action (NOIRA) was published on 7/22/2019 for a 30-day public comment. DARS pulled together a Regulatory Action Panel (RAP) to consider comments on proposed regulations. Proposed regulations are due by 2/17/2020. DARS is researching sections and finalizing proposed regulations.FinalIn Process22VAC30-100 Adult Protective ServicesFinal Regulations for a comprehensive revision are under review by the Secretary of Health and Human Resources (SHHR).Proposed In Process22VAC30-110 Assessments in Assisted Living FacilitiesProposed Regulations will be published in the Registrar on 9/14/2020 for a 60-day public comment period. ProposedIn Process22VAC30-120 Adult Services Approved ProvidersProposed Regulations for a comprehensive revision are under review by SHHR.Final In Process22VAC30-130 Adult Services Standards Final Regulations to establish the chapter are under review with SHHR.Proposed In Process22VAC30-140 State Long-Term Care Ombudsman Program NOIRA to establish a new chapter completed in March 2019. This is in response to Older Americans Act and federal regulatory changes. A Regulatory Action Panel (RAP) is underway now to consider comments on draft proposed regulations. DARS is researching sections and finalizing proposed regulations.Department of Health:STATUSCHAPTERDESCRIPTIONFinal In Process12VAC5-371 Regulations for the Licensure of Nursing FacilitiesThis regulatory action updates building and architecture standards for nursing facilities and comports them with other requirements. It is currently under review with SHHR. Amend -Final Exempt12VAC5-371 Regulations for the Licensure of Nursing FacilitiesChapter 846 of the 2020 Acts of Assembly amends Va. Code § 32.1-127(B), required the State Board ofHealth to promulgate regulations for cannabidioloil or THC-A oil in accordance with subsection B of § 54.1-3408.3. This exempt action is being utilized to conform 12VAC5-371-10 et seq. to the Code of Virginia. This regulation took effect 8/6/2020.Amend Fast Track12VAC5-371 Regulations for the Licensure of Nursing FacilitiesThis package makes changes following a Periodic Review of the chapter. References to outdated vaccination protocols and Documents Incorporated by Reference have been updated, a new section and additional definitions has been added to address the criminal background checks, and changes have been made for consistency with statutes and definitions in 12VAC5-371-10. This is currently under review in the Governors’ Office. NOIRAIn Process12VAC5-381 Licensure of Home Care Organizations A Notice of Intended Regulatory Action (NOIRA) was published on 10/14/2019. This action includes a Periodic Review and assesses current regulation content to determine whether it should be amended or retained in its current form. A 30-day comment period ran until 11/13/2019. Three comments were submitted on Town Hall. Amend Fast Track12VAC5-391 Regulations for the Licensure of HospicesThis package makes changes following a Periodic Review of the chapter. The changes include removing a requirement that a hospice’s medical director have admitting privileges at one or more hospitals or nursing homes that serve the hospice’s patients. A reference to an outdated Personal Care Aide Training Curriculum is also replaced by a new training option for hospice program volunteers. This is currently under review by SHHR. Amend -Final Exempt12VAC5-391 Regulations for the Licensure of HospicesChapter 846 of the 2020 Acts of Assembly amends Va. Code § 32.1-127(B), required the State Board ofHealth to promulgate regulations for cannabidioloil or THC-A oil in accordance with subsection B of § 54.1-3408.3. This exempt action is being utilized to conform 12VAC5-371-10 et seq. to the Code of Virginia. This regulation took effect 8/6/2020.Department of Health Professions: STATUSCHAPTERDESCRIPTIONProposed In Process 18VAC90-26 Regulations for Nurse Aide Education ProgramsFollowing a periodic review, the changes would clarify definitions, require all programs to implement the Board-approved curriculum, clarify requirements for instructional personnel, designate a skills acquisition minimum requirement and increase total program hours, and move advanced nurse aide education program regulations to the chapter. Proposed Regulations will be published in the Registrar on 9/14/2020 for a 60-day public comment period.Department of Medical Assistance Services: STATUSCHAPTERDESCRIPTIONFinal Exempt 12VAC30?50 Amount, Duration, and Scope of Medical and Remedial Care and ServicesThe purpose of this action is to amend 12VAC30-50-335 (General PACE Plan Requirements) and12VAC30-50-345 (Pace Enrollee Rights), in order to align the regulations with the federal PACE regulations. This was published in the Registrar on 8/17/2020 and takes effect 9/16/2020. Final Exempt 12VAC30?50 Amount, Duration, and Scope of Medical and Remedial Care and ServicesCMS amended its regulations for Home Health on May 8, 2020 (in 85 Federal Register 27626) to allow practitioners other than physicians to order and certify home health services. DMAS must change its regulations to maintain compliance with the new federal rules. This was published in the Registrar on 7/20/2020 and took effect 8/19/2020.Final In Process12VAC30-60 Utilization Review Changes Regulations would provide additional details on fee-for-service utilization review, including how a utilization review is initiated, what letters or communications are sent, and what the deadlines for document submission are. This package is under review with the Governor’s Office. Proposed In Process12VAC30-60 Electronic Visit VerificationThis is response to the 21st Century Cures Act requirements for Medicaid personal and home care. Proposed regulations were published on 1/20/2020 and were open for a 60-day public comment through 3/21/2020. There were over 1,100 comments on Town Hall. Fast Track In Progress12VAC30-80-30 Incontinence Supplies This action removes regulatory text that indicates that DMAS reimburses incontinence supplies based on a selective contract with one vendor. DMAS has a one-vendor contract for these supplies that will end on December 31, 2019, and as of January 1, 2020, DMAS will allow multiple vendors to provide incontinence supplies to Medicaid members. The rate and pricing for incontinence supplies will not change, and the oversight and controls of these providers will remain the same. This is currently under review with SHHR. Proposed In Process12VAC30-120 CCC Plus Waiver The expiration date for the emergency regulation was extended until 6/28/2020. Final In Process12VAC30-120 CCC Plus – Part 1 [Managed Care Program]Emergency Regulations were extended until 6/16/2019. Proposed Regulations were open for 30-day comment until 3/22/2019. Final Regulations are under review with the SHHR. Department of Social Services:STATUSCHAPTERDESCRIPTIONFinal Exempt22VAC40-73 Standards for Licensed Assisted Living FacilitiesThis regulatory action will make the Standards for Licensed Assisted Living Facilities consistent with theCode of Virginia, as amended by Chapter 938 of the Acts of Assembly (SB686) regarding changes to individual service plans (ISPs.). This will be published in the Registrar on 9/14/2020 and has an effective date of 10/15/2020. Final Exempt 22VAC40-295 Temporary Assistance for Needy Families (TANF) The purpose of this action is to amend 22VAC40-295-150, Temporary Assistance for Needy Families Emergency Assistance (TANF-EA), to increase the maximum amount of assistance to $1,500 and to add eviction prevention as a qualifying circumstance for eligibility. TANF-EA provides assistance in emergency situations. This will be published in the Registrar on 9/14/2020 and has an effective date of 10/15/2020.Proposed In Progress22VAC40-677 State Response When a Local Department of Social Services (LDSS) Fails to Provide Services The purpose of this proposed regulation is to provide the Commissioner of the Department of Social Services with regulatory authority to direct and oversee the provision of public assistance and social services in a LDSS, in the event the LDSS fails, refuses, or is unable to provide such services. This action will establish a permanent replacement regulation for an emergency regulation that became effective 12/17/2018 and that is set to expire, following an extension, on 12/15/2020. The Proposed Regulations are currently under review with the Governor’s Office. Final In Process22VAC40-920 Appeals of Financial Recoveries for Local Departments of Social Services (LDSSThis regulatory action will provide the LDSS the statutory right to appeal a sanction levied by the Virginia Department of Social Services. The stage is currently under review with the Governor’s Office.POLICY AND GUIDANCEDepartment of Health Professions:Requirements Imposed on Hospitals, Other Health Care Institutions and Organizations, and Assisted Living Facilities to Report Disciplinary Actions Against, Allegations of Misconduct by, and Impairment of Certain Health Care Practitioners to the Virginia Department of Health Professions or the Office of Licensure and Certification of the Virginia Department of HealthUpdated version on guidance for mandated reports from health care institutions.Link: . ................
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