reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part III - Location, Design, Construction, Operation and Maintenance Criteria › Article 2 - Design Requirements › Section 12VAC5-640-460 - Design requirements for system components

Current through Register Vol. 40, No. 24, July 15, 2024
A. All discharging systems shall be equipped
					 with a means of disinfecting the effluent which is acceptable to the division
					 and meets the performance requirements of this chapter.
1. All discharging systems utilizing chlorine
					 as a disinfectant shall be equipped with a chlorinator and contact chamber.
					 Dechlorination is to be supplied if required by the General Permit.
a. Chlorinator capacity shall be based on the
					 degree of treatment, flow variations, and other variables in the treatment
					 processes. For disinfection, the capacity shall be adequate to maintain a total
					 chlorine residual between 1.0 mg/l and 3.0 mg/l in the effluent after the
					 required contact period. All chlorinators shall be designed to provide the
					 appropriate dose of chlorine and mix the chlorine with the effluent. All
					 chlorine products used to disinfect effluent from a discharging system shall be
					 approved by the U.S. Environmental Protection Agency for use as a sewage
					 disinfectant; products unapproved for wastewater disinfection are not
					 acceptable. Use of unapproved products shall constitute a violation of this
					 chapter.
b. The chlorine contact
					 chamber shall have a length to width ratio of 20:1 and shall provide a contact
					 time of 30 minutes based on peak hourly flow, or 60 minutes based on peak daily
					 flow. The length to width ratio may be reduced on a case-by-case basis when
					 increased chlorine contact times are utilized.
c. When required by the General Permit,
					 dechlorination capacity shall be adequate to dechlorinate the maximum chlorine
					 residual anticipated and achieve the required General Permit effluent limits
					 for total residual chlorine by providing at least 1-1/2 parts sulfite salt to
					 one part chlorine. Provisions shall be made to thoroughly mix the
					 dechlorinating agent with the contact tank effluent within a period of
					 approximately one minute.
d. To
					 meet Reliability Class I or Class II, all chlorination and dechlorination units
					 shall be alarmed to notify the operator when tablets are not present in the
					 dosing chamber or equipped with duplicate units that automatically switch over
					 to the redundant unit if the primary unit is not operating.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part III - Location, Design, Construction, Operation and Maintenance Criteria › Article 3 - Construction Requirements › Section 12VAC5-640-480

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12 and 32.1-164
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part III - Location, Design, Construction, Operation and Maintenance Criteria › Article 4 - Monitoring, Operation, and Maintenance Requirements › Section 12VAC5-640-500 - Operation and maintenance requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Due to the potential for degrading surface
					 water and groundwater quality or jeopardizing the public health, or both,
					 routine operation and maintenance of discharging systems is required. In order
					 to assure the treatment system is operated, maintained, monitored, and reported
					 properly, the permit holder shall engage a licensed operator as defined in
					 subsection E of this section. Reporting in accordance with
					 12VAC5-640-490 and
					 12VAC5-640-510 is sufficient
					 evidence of an ongoing contract. Owners with existing monitoring waivers that
					 allow the owner to collect formal compliance samples as of December 16, 2015,
					 may be extended, but no new waivers shall be issued. In the event the
					 individual fails to collect three or more of any of the required samples in any
					 five-year period, the department will void the waiver and require evidence of
					 an operation and maintenance contract that includes monitoring.
B. It is the owner's responsibility to do the
					 following:
1. Have the system operated and
					 maintained by a licensed operator;
2. Have an operator visit the system at the
					 frequency required by this chapter (at least semiannually);
3. Have an operator collect and analyze any
					 samples required by this chapter;
4. Provide prompt maintenance and repair of
					 the treatment works. If an owner is notified by the operator of a repair or
					 maintenance need pursuant to subdivision C 4 of this section and the discharge
					 does not comply with the effluent requirements of the General Permit, then the
					 owner shall begin pump and haul of the sewage and take other actions as may be
					 directed by the local health department until the treatment works returns to
					 normal function;
5. Keep a copy of
					 the log provided by the operator on the property where the system is located in
					 electronic or hard copy form, make the log available to the department upon
					 request, and make a reasonable effort to transfer the log to any future
					 owner;
6. Follow the O & M
					 manual (where available) and keep a copy of the O & M manual in electronic
					 or hard copy form for the system on the property where the system is located,
					 make the O & M manual available to the department upon request, and make a
					 reasonable effort to transfer the O & M manual to any future owner;
					 and
7. Comply with the VPDES permit
					 requirements contained in 9VAC25-110.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part III - Location, Design, Construction, Operation and Maintenance Criteria › Article 4 - Monitoring, Operation, and Maintenance Requirements › Section 12VAC5-640-510 - Information to be reported electronically

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every owner issued an operation permit for
					 a discharging system is responsible for having the results of all mandated
					 testing and inspections submitted to the department in the form and format
					 acceptable to the department.
B.
					 All formal compliance testing, informal testing, repairs, modifications,
					 alterations, expansions and routine maintenance must be reported.
C. All reports and test results must be
					 submitted by the 15th of the month following the month in which the activity
					 occurred.
D. All reports and test
					 results shall be submitted electronically. When formal testing indicates that a
					 discharge limit established in the General Permit is being exceeded or when
					 informal testing indicates a discharging system may be in violation of the
					 General Permit requirements, the owner shall notify the maintenance provider
					 and the department within 24 hours.
Statutory Authority: §§ 32.1-12 and 32.1-164
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part III - Location, Design, Construction, Operation and Maintenance Criteria › Article 4 - Monitoring, Operation, and Maintenance Requirements › Section 12VAC5-640-520 - Failure to submit information

Current through Register Vol. 40, No. 24, July 15, 2024
Failure to conduct mandatory monitoring or to report
						monitoring results as required in
						12VAC5-640-490 and
						12VAC5-640-510 may result in the
						revocation of the owner's operation permit. The department shall notify the
						Department of Environmental Quality of the revocation of the operation
						permit.
Statutory Authority: §§ 32.1-12 and 32.1-164
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part III - Location, Design, Construction, Operation and Maintenance Criteria › Article 4 - Monitoring, Operation, and Maintenance Requirements › Form - FORMS (12VAC5-640)

Current through Register Vol. 40, No. 24, July 15, 2024
Combined
						Application-Virginia Department of Health Discharging System Application for
						Single Family Dwellings Discharging Sewage Less Than or Equal to 1,000 Gallons
						Per Day and State Water Control Board Virginia Pollutant Discharge Elimination
						System General Permit Registration Statement for Domestic Sewage Discharges
						Less Than or Equal to 1,000 Gallons Per Day (rev. 4/2014)
Permit
						Transfer under 12 VAC 5-640-220.E (rev. 2/2016)
Completion
						Statement (rev. 4/2014)
Statutory Authority: §§ 32.1-12 and 32.1-164
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 640 - ALTERNATIVE DISCHARGING SEWAGE TREATMENT REGULATIONS FOR INDIVIDUAL SINGLE FAMILY DWELLINGS › Part III - Location, Design, Construction, Operation and Maintenance Criteria › Article 4 - Monitoring, Operation, and Maintenance Requirements › Section - DOCUMENTS INCORPORATED BY REFERENCE (12VAC5-640)

Current through Register Vol. 40, No. 24, July 15, 2024
Individual Aerobic Wastewater Treatment Plants, ANSI/NSF
						40, American National Standard/NSF International Standard, February
						1991.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 650 - SCHEDULE OF CIVIL PENALTIES › Section 12VAC5-650-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms used in this chapter have the
				  following meanings unless the context clearly indicates otherwise:
"Board" means the State Board of Health.
"Department" means the Virginia Department of Health.
"Modify" means to alter a treatment works, excluding actions
				  taken to "operate" the treatment works and "maintenance" activities as those
				  terms are defined in § 32.1-163 of the Code of Virginia.
"Transportation of sewage or septage" means actions
				  associated with removing septage, sludge, or sewage from an onsite sewage
				  system, a sewerage system, or other treatment works, including, but not limited
				  to, using a pump or other device or gravity flow to collect septage, sludge, or
				  sewage in a tank or other vessel intended to contain the septage, sludge, or
				  sewage during transport to another location.
Statutory Authority
§§ 32.1-12 and 32.1-164 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 650 - SCHEDULE OF CIVIL PENALTIES › Section 12VAC5-650-20 - Purpose and authority

Current through Register Vol. 40, No. 24, July 15, 2024
The board has promulgated this chapter to:
1. Establish a uniform schedule of civil
				penalties for violations of 12VAC5-610, the Sewage Handling and Disposal
				Regulations (or successor), and 12VAC5-640, the Alternative Discharging Sewage
				Treatment Regulations for Individual Single Family Dwellings (or
				successor);
2. Support enforcement
				activities necessary to discharge the board's responsibility to supervise and
				control the safe and sanitary collection, conveyance, transportation,
				treatment, and disposal of sewage as they affect the public health and
				welfare;
3. Support enforcement
				activities necessary to discharge the board's responsibility to exercise due
				diligence to protect the quality of ground and surface waters; and
4. Guide the State Health Commissioner in
				charging civil penalties.
Statutory Authority
§§ 32.1-12 and 32.1-164 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 650 - SCHEDULE OF CIVIL PENALTIES › Section 12VAC5-650-30 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				applies only in those localities where the local government has entered into a
				contract with the department for the operation of local and district health
				departments. It does not apply in any locality that has not entered into such a
				contract.
B. This chapter applies
				to those activities conducted pursuant to 12VAC5-610 and 12VAC5-640 or
				successor regulations promulgated by the board as described herein. Except as
				provided in § 32.1-164J of the Code of Virginia, this chapter may not be
				construed to limit the board's or the commissioner's authority to enforce any
				law or regulation administered by the board or to enforce any order of the
				board.
Statutory Authority
§§ 32.1-12 and 32.1-164 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 650 - SCHEDULE OF CIVIL PENALTIES › Section 12VAC5-650-40 - Administration

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board has
				the responsibility to promulgate, amend, and repeal regulations necessary to
				ensure the safe and sanitary handling and disposal of sewage via onsite sewage
				systems and alternative discharging sewage systems as these affect public
				health. Nothing in this chapter may be construed to limit the board's authority
				to enforce any law administered by it, any regulation promulgated by it, or any
				case decision rendered by it or by the commissioner.
B. The State Health Commissioner is the chief
				executive officer of the department. The commissioner has the authority to act,
				within the scope of regulations promulgated by the board, for the board when it
				is not in session. The department is designated as the primary agent of the
				commissioner for the purpose of administering this chapter. The commissioner
				may delegate his powers under this chapter.
C. Section 32.1-30 of the Code of Virginia
				requires each county and city to establish and maintain a local department of
				health that is responsible for enforcing all health laws of the Commonwealth
				and regulations of the board. With the concurrence of each county and city
				government affected, the commissioner may create a district health department
				composed of such local health departments. The commissioner appoints the local
				or district health director in those localities that enter into a contract with
				the department for the operation of the local or district health department. In
				such localities the local or district health director is responsible for
				implementing this chapter. The authority to implement this chapter is hereby
				delegated to local and district health directors who are employees of the
				department; such local and district health directors may delegate to
				subordinates as they deem necessary. Nothing in this section may be construed
				as limiting the commissioner's authority to delegate his powers as provided in
				law.
Statutory Authority
§§ 32.1-12 and 32.1-164 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 650 - SCHEDULE OF CIVIL PENALTIES › Section 12VAC5-650-50 - Conduct declared unlawful

Current through Register Vol. 40, No. 24, July 15, 2024
The following conduct is hereby declared unlawful and subject
				  to civil penalties in accordance with this chapter:
1. Violation of any provision of 12VAC5-610,
				the Sewage Handling and Disposal Regulations or successor regulation
				promulgated by the board, including failure to comply with the provisions,
				requirements, conditions, or standards contained in a construction permit or in
				an operating permit.
2. Violation
				of any provision of 12VAC5-640, the Alternative Discharging Sewage Treatment
				Regulations for Individual Single Family Dwellings or successor regulation
				promulgated by the board, including failure to comply with the provisions,
				requirements, conditions, or standards contained in a construction permit or in
				an operating permit.
3. Failure to
				comply with any order issued by the board or commissioner.
Statutory Authority
§§ 32.1-12 and 32.1-164 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 650 - SCHEDULE OF CIVIL PENALTIES › Section 12VAC5-650-60 - Uniform schedule of civil penalties

Current through Register Vol. 40, No. 24, July 15, 2024
A. There is hereby established a uniform
				schedule of civil penalties for the following violations of the board's
				regulations:
1. Install or cause to install,
				modify or cause to modify, use or operate an onsite or alternative discharging
				sewage system without a permit issued by the commissioner: $100 for the first
				violation, $150 for each additional violation.
2. Discharge treated or untreated sewage on
				the surface of the ground or into the waters of the Commonwealth without a
				permit: $100 for the initial violation, $150 for each additional
				violation.
3. Fail to obtain or
				keep a contract for operation, maintenance, or monitoring of an onsite or
				alternative discharging system to the extent that such contract is a
				requirement of the board's regulations: $50 for the initial violation, $100 for
				each additional violation.
4. Fail
				to submit to the department a laboratory test result, or an inspection or other
				report to the extent that such report is a requirement of the board's
				regulations: $50 for the initial violation, $100 for each additional
				violation.
5. To the extent such
				activities are not regulated by another agency of the Commonwealth, engage in
				unlawful transportation or handling of sewage or septage: $100 for the initial
				violation, $150 for each additional violation.
6. Any unlawful act described in
				12VAC5-650-50 not specifically
				described in this subsection: $25 for the initial violation, $50 for each
				additional violation.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 650 - SCHEDULE OF CIVIL PENALTIES › Section 12VAC5-650-70 - Criminal prosecution precluded

Current through Register Vol. 40, No. 24, July 15, 2024
In accordance with § 32.1-164J of the Code of Virginia,
				  designation of a particular violation for a civil penalty pursuant to this
				  chapter must be in lieu of criminal penalties, except for any violation that
				  contributes to or is likely to contribute to the pollution of public or private
				  water supplies or the contraction or spread of infectious, contagious, or
				  dangerous diseases.
Statutory Authority
§§ 32.1-12 and 32.1-164 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 650 - SCHEDULE OF CIVIL PENALTIES › Section 12VAC5-650-80 - Civil summons ticket

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				department must prepare a civil summons ticket for use in implementing this
				chapter.
B. In addition to any
				information the department deems necessary, the ticket must contain the
				following information:
1. A statement
				notifying the recipient that he may make an appearance in person or in writing
				by mail to the department prior to the date fixed for trial in court;
2. A statement that any person so appearing
				may enter a waiver of trial, admit liability, and pay the civil penalty
				established for the offense charged;
3. The physical address, hours of operation,
				and mailing address for the local or district health department responsible for
				issuing the civil summons;
4. A
				statement that civil penalties may be paid only by cashier's check or certified
				check made payable to the Treasurer of Virginia; and
5. The date fixed for trial in general
				district court.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 650 - SCHEDULE OF CIVIL PENALTIES › Section 12VAC5-650-90 - Authority to issue civil summons ticket; penalties collected

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any employee of
				the department who has been delegated authority pursuant to this chapter may
				issue a civil summons ticket in accordance with this chapter.
1. The civil summons ticket may be delivered
				in person after presentation of proper credentials.
2. The department may deliver a civil summons
				ticket in any other manner provided by law.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 650 - SCHEDULE OF CIVIL PENALTIES › Section 12VAC5-650-100 - Requirements for civil summons ticket

Current through Register Vol. 40, No. 24, July 15, 2024
A. Before the department may issue any civil
				summons ticket pursuant to this chapter, the following must occur:
1. The department shall notify the alleged
				violator as required in the board's regulations;
2. At least 30 days shall have passed from
				the date the alleged violator received notice of the violation; and
3. The violation must remain
				uncorrected.
Virginia Administrative Code › Title 12 - HEALTH › Agency 25 - VIRGINIA HEALTH SERVICES COST REVIEW COUNCIL [REPEALED] › Chapter 20 - RULES AND REGULATIONS OF THE VIRGINIA HEALTH SERVICES COST REVIEW COUNCIL [REPEALED] › Section 12VAC25-20-10 to 12VAC25-20-410

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 25 - VIRGINIA HEALTH SERVICES COST REVIEW COUNCIL [REPEALED] › Chapter 30 - METHODOLOGY TO MEASURE EFFICIENCY AND PRODUCTIVITY OF HEALTH CARE INSTITUTIONS [REPEALED] › Section 12VAC25-30-10 to 12VAC25-30-130

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 25 - VIRGINIA HEALTH SERVICES COST REVIEW COUNCIL [REPEALED] › Chapter 40 - VIRGINIA HEALTH SERVICES COST REVIEW COUNCIL PATIENT LEVEL DATA SYSTEM [REPEALED] › Section 12VAC25-40-10 to 12VAC25-40-100

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 12VAC30-5-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Department of Medical Assistance Services. This chapter does not apply to
					 regulations, guidelines, or other documents exempted or excluded from the
					 provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the
					 Code of Virginia).
Statutory Authority
§§ 2.2-4007.02 and 32.1-324 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 12VAC30-5-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency
				  shall maintain a list of persons who have requested to be notified of
				  regulatory actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 32.1-324 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 12VAC30-5-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons
				  electing to receive electronic notification or notification through a postal
				  carrier as described in
				  12VAC30-5-30, the agency shall
				  send the following information:
1. A notice
				  of intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC30-5-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to submit data, views, and arguments,
				  either orally or in writing, to the agency. Such opportunity to comment shall
				  include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
3. The agency shall
				  afford all interested persons the opportunity to be accompanied by and
				  represented by their own counsel or representative in such
				  activities.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC30-5-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC30-5-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC30-5-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC30-5-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 32.1-324 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC30-5-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action. During such hearings, the agency shall afford all interested
				  persons the opportunity to be accompanied by and represented by their own
				  counsel or other representative.
C.
				  An agency is required to hold a public hearing following the publication of the
				  proposed regulatory action when:
1. The
				  agency's basic law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 5 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC30-5-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 10 - STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT MEDICAL ASSISTANCE PROGRAM; GENERAL PROVISIONS › Part I - Single State Agency Organization › Section 12VAC30-10-10 - Designation and authority

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  Department of Medical Assistance Services (DMAS) is the single state agency
				  designated to administer or supervise the administration of the Medicaid
				  program under Title XIX of the Social Security Act. (All references in this
				  plan to "the Medicaid agency" mean the agency named in this subsection.)
12VAC30-20-10
					 is a certification signed by the State Attorney General identifying the single
					 state agency and citing the legal authority under which it administers or
					 supervises administration of the program.
B. The entire plan under Title XIX is
				  administered or supervised by the state agency named in subsection A of this
				  section.
C. No waivers of the
				  single state agency requirements have ever been granted.
D. Eligibility determinations (including any
				  delegations).
1. The entities that conduct
				  determinations of eligibility for families, adults, and individuals younger
				  than 21 years of age are DMAS, the single state agency under Title IV-A (TANF),
				  and the Exchange, which is a government agency established under §
				  1311(b)(1) or 1321(c)(1) of the Patient Protection and Affordable Care Act
				  (42
				  USC §
												18001) .
2. The entities that conduct determinations
				  of eligibility based on age, blindness, and disability are DMAS and the single
				  state agency under Title IV-A (TANF).
3. DMAS makes the following assurances with
				  regard to eligibility determinations:
a. DMAS
				  is responsible for all Medicaid eligibility determinations.
b. There is a written agreement between DMAS,
				  the Exchange, and the single state agency under Title IV-A. The Exchange and
				  the single state agency under Title IV-A have been delegated authority to
				  determine eligibility for Medicaid eligibility in compliance with
				  42 CFR
				  431.10(d).
c. DMAS does not delegate authority to make
				  eligibility determinations to entities other than government entities that
				  maintain personnel standards on a merit basis.
d. The delegated entity is capable of
				  performing the delegated functions.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 10 - STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT MEDICAL ASSISTANCE PROGRAM; GENERAL PROVISIONS › Part I - Single State Agency Organization › Section 12VAC30-10-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 32.1-325 of the Code of
						Virginia;
						42 USC §
													1396 et
						seq.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 10 - STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT MEDICAL ASSISTANCE PROGRAM; GENERAL PROVISIONS › Part I - Single State Agency Organization › Section 12VAC30-10-30 - Statewide operation

Current through Register Vol. 40, No. 24, July 15, 2024
The plan is in operation on a Statewide basis in
					 accordance with all requirements of
					 42 CFR
					 431.50.
The plan is State administered.
Statutory Authority
Social Security Act Title XIX; 42 CFR 430 to end; all
						other applicable Statutory and regulatory sections.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 10 - STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT MEDICAL ASSISTANCE PROGRAM; GENERAL PROVISIONS › Part I - Single State Agency Organization › Section 12VAC30-10-50 - Pediatric immunization program

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The state has implemented a program for the distribution of pediatric vaccines
				  to program-registered providers for the immunization of federally
				  vaccine-eligible children in accordance with § 1928 as indicated below.
1. The state program will provide each
				  vaccine-eligible child with medically appropriate vaccines according to the
				  schedule developed by the Advisory Committee on Immunization Practices and
				  without charge for the vaccines.
2.
				  The state will outreach and encourage a variety of providers to participate in
				  the program and to administer vaccines in multiple settings, e.g., private
				  health care providers, providers that receive funds under Title V of the Indian
				  Health Care Improvement Act, health programs or facilities operated by Indian
				  tribes, and maintain a list of program-registered providers.
3. With respect to any population of
				  vaccine-eligible children a substantial portion of whose parents have limited
				  ability to speak the English language, the state will identify
				  program-registered providers who are able to communicate with this
				  vaccine-eligible population in the language and cultural context which is most
				  appropriate.
4. The state will
				  instruct program-registered providers to determine eligibility in accordance
				  with § 1928(b) and (h) of the Social Security Act.
5. The state will assure that no
				  program-registered provider will charge more for the administration of the
				  vaccine than the regional maximum established by the Secretary. The state will
				  inform program-registered providers of the maximum fee for the administration
				  of vaccines.
6. The state will
				  assure that no vaccine-eligible child is denied vaccines because of an
				  inability to pay an administration fee.
7. Except as authorized under § 1915(b)
				  of the Social Security Act or as permitted by the Secretary to prevent fraud or
				  abuse, the state will not impose any additional qualifications or conditions,
				  in addition to those indicated above, in order for a provider to qualify as a
				  program-registered provider.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 10 - STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT MEDICAL ASSISTANCE PROGRAM; GENERAL PROVISIONS › Part II - Coverage and Eligibility › Section 12VAC30-10-60 - Application; determination of eligibility and furnishing Medicaid

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Medicaid
				  agency meets all requirements of 42 CFR Part 435, Subpart J for processing
				  applications, determining eligibility and furnishing Medicaid.
B.
1.
				  Except as provided in subdivisions 2 and 3 of this subsection, individuals are
				  entitled to Medicaid services under the plan during the three months preceding
				  the month of application, if they were, or on application would have been,
				  eligible. The effective date of prospective and retroactive eligibility is
				  specified in
				  12VAC30-40-10.
2. For individuals who are eligible for
				  Medicaid cost sharing expenses as qualified Medicare beneficiaries under §
				  1902(a)(10)(E)(i) of the Act, coverage is available for services furnished
				  after the end of the month in which the individual is first determined to be a
				  qualified Medicare beneficiary.
				  12VAC30-40-10
				  specifies the requirements for determination of eligibility for this
				  group.
3. Pregnant women are not
				  entitled to ambulatory prenatal care under the plan during a presumptive
				  eligibility in accordance with § 1920 of the Act.
				  12VAC30-40-10
				  specifies the requirements for determination of eligibility of this
				  group.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 10 - STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT MEDICAL ASSISTANCE PROGRAM; GENERAL PROVISIONS › Part II - Coverage and Eligibility › Section 12VAC30-10-70 - Coverage and conditions of eligibility

Current through Register Vol. 40, No. 24, July 15, 2024
Medicaid is available to the groups specified in
					 12VAC30-30-10 et seq., that is,
					 the mandatory categorically needy, other required special groups, specified
					 optional groups, and the medically needy.*
The conditions of eligibility that must be met are
					 specified in
					 12VAC30-40-10.
All applicable requirements of 42 CFR 435 and §
					 1902(a)(10)(A)(i)(IV), (V), and (VI), 1902(a)(10)(A)(ii)(XI), 1902(a)(10)(E),
					 1902(l) and (m), 1905(p), (q) and (s), 1920, and 1925 of the Act are
					 met.
*Medicaid is available to the groups as identified in
					 12VAC30-30-10, except for the
					 following: eligibility will be denied any individual for a period of twelve
					 (12) months following the date of their conviction for fraud against the
					 Program.
Statutory Authority
Social Security Act Title XIX; 42 CFR 430 to end; all
						other applicable Statutory and regulatory sections.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 10 - STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT MEDICAL ASSISTANCE PROGRAM; GENERAL PROVISIONS › Part II - Coverage and Eligibility › Section 12VAC30-10-80 - Residence

Current through Register Vol. 40, No. 24, July 15, 2024
Medicaid is furnished to eligible individuals who are
					 residents of the State under 42 CFR 435.403, regardless of
					 whether or not the individuals maintain the residence permanently or maintain
					 it at a fixed address.
See
					 12VAC30-20-230.
Statutory Authority
Social Security Act Title XIX; 42 CFR 430 to end; all
						other applicable Statutory and regulatory sections.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 10 - STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT MEDICAL ASSISTANCE PROGRAM; GENERAL PROVISIONS › Part II - Coverage and Eligibility › Section 12VAC30-10-90 - Blindness

Current through Register Vol. 40, No. 24, July 15, 2024
All of the requirements of
					 42 CFR
					 435.530 and
					 42 CFR
					 435.531 are met. The more restrictive
					 definition of blindness in terms of ophthalmic measurement used in this plan is
					 specified in
					 12VAC30-30-10.
Statutory Authority
Social Security Act Title XIX; 42 CFR 430 to end; all
						other applicable Statutory and regulatory sections.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 10 - STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT MEDICAL ASSISTANCE PROGRAM; GENERAL PROVISIONS › Part II - Coverage and Eligibility › Section 12VAC30-10-100 - Disability

Current through Register Vol. 40, No. 24, July 15, 2024
All of the requirements of
					 42 CFR
					 435.540 and
					 435.541 are met. The State uses
					 the same definition of disability used under the SSI program unless a more
					 restrictive definition of disability is specified in
					 12VAC30-30-10 item 13 of this
					 plan.
Statutory Authority
Social Security Act Title XIX; 42 CFR 430 to end; all
						other applicable Statutory and regulatory sections.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 10 - STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT MEDICAL ASSISTANCE PROGRAM; GENERAL PROVISIONS › Part II - Coverage and Eligibility › Section 12VAC30-10-110 - Financial eligibility

Current through Register Vol. 40, No. 24, July 15, 2024
The Financial eligibility conditions for Medicaid-only
					 eligibility groups and for persons deemed to be cash assistance recipients are
					 described in
					 12VAC30-40-10 et
					 seq.
Statutory Authority
Social Security Act Title XIX; 42 CFR 430 to end; all
						other applicable Statutory and regulatory sections.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 10 - STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT MEDICAL ASSISTANCE PROGRAM; GENERAL PROVISIONS › Part II - Coverage and Eligibility › Section 12VAC30-10-120 - Medicaid furnished out of state

Current through Register Vol. 40, No. 24, July 15, 2024
Medicaid is furnished under the conditions specified in
					 42 CFR
					 431.52 to an eligible individual who is a
					 resident of the State while the individual is in another State, to the same
					 extent that Medicaid is furnished to residents in the State.
Statutory Authority
Social Security Act Title XIX; 42 CFR 430 to end; all
						other applicable Statutory and regulatory sections.
Virginia Administrative Code › Title 12 - HEALTH › Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES › Chapter 10 - STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT MEDICAL ASSISTANCE PROGRAM; GENERAL PROVISIONS › Part II - Coverage and Eligibility › Section 12VAC30-10-130 - Requirements for advance directives

Current through Register Vol. 40, No. 24, July 15, 2024
An advance directive shall be defined as a written
					 instruction, such as a living will or durable power of attorney for health
					 care, recognized under state law and relating to the provision of medical care
					 when the individual is incapacitated. Each specified provider receiving funds
					 under this Plan must maintain written policies, procedures, and materials
					 concerning advance directives to ensure compliance with the law. The specified
					 providers shall be: hospitals, nursing facilities, providers of home health
					 care or personal care services, hospices, health maintenance organizations and
					 health insuring organizations.
Refer to
					 12VAC30-20-70 for further
					 requirements.
Statutory Authority
Social Security Act Title XIX; 42 CFR 430 to end; all
						other applicable Statutory and regulatory sections.