Virginia Regulatory Town Hall View Chapter

Department of Medical Assistance Services

Board of Medical Assistance Services

Waivered Services [12 VAC 30 ‑ 120]

Chapter Information

Description	This chapter contains provisions for the following waivered services: Family and Individual Supports Waiver, Community Living Waiver, and the Building Independence Waiver. This chapter also contains the requirements for MEDALLION managed care.
State Authority	COV 32.1-325 et seq .
Federal Authority	Title XIX of the Social Security Act (42 U.S.C. 1396)
Exempt from APA	No, changes to this chapter are subject to the Administrative Process Act.
Text of Regulation	Link to Virginia Administrative Code
Goals of Regulation	None entered
Meetings	See all meetings (4) relating to this chapter.

Contact Information

Name / Title:	Emily McClellan / Regulatory Supervisor
Address:	Policy Division, DMAS 600 E. Broad Street, Suite 1300 Richmond, VA 23219
Email Address:	Emily.McClellan@DMAS.Virginia.gov
Telephone:	(804)371-4300 FAX: (804)786-1680 TDD: ()-

Action Title	Latest Stage	Status
Current Actions
CCC Plus WAIVER	Final	Secretary of Health and Human Resources review in progress.
Cardinal Care Managed Care Program	-
Home and Community Based Elderly Plus Waiver	-

Action Title	Latest Stage	Status
Past Actions
Repeal of Alzheimer's Assisted Living Waiver Regulations	Fast-Track	Stage complete. This regulation became effective on 03/04/2022.
Client Appeals Update	Emergency/NOIRA	Stage complete. This regulation became effective on 09/08/2022 and expires on 03/07/2024.
Electronic Visit Verification	Final	Stage complete. This regulation became effective on 08/18/2021.
Three Waivers (ID, DD, DS) Redesign	Final	Stage complete. This regulation became effective on 03/31/2021.
CCC Plus - Part 1	Final	Stage complete. This regulation became effective on 03/31/2021.
Medallion Updates	Fast-Track	Stage complete. This regulation became effective on 04/18/2019.
Consumer Directed Services Facilitators	Final	Stage complete. This regulation became effective on 10/27/2018.
EPSDT Behavioral Therapy Services	Final	Stage complete. This regulation became effective on 12/12/2018.
2015 Technology Assisted Waiver Updates	Final	Stage complete. This regulation became effective on 09/06/2017.
Managed Care ARTS	Fast-Track	Stage complete. This regulation became effective on 05/04/2017.
Mandatory Capitated Managed Care (Medallion 3.0)	Final	Stage complete. This regulation became effective on 07/27/2016.
Exceptional Rate for ID Waiver Individuals	Final	Stage complete. This regulation became effective on 06/30/2016.
2011 Exceptions to Personal Care Service Limit	Final	Stage complete. This regulation became effective on 12/31/2015.
Alzheimer's Assisted Living Waiver Changes	Final	Stage complete. This regulation became effective on 09/09/2015.
MFP Cover First Month's Rent	Fast-Track	Stage complete. This regulation became effective on 01/01/2016.
Change Administration of DD Waiver and Other Technical Corrections	Final	Stage complete. This regulation became effective on 04/10/2014.
Repeal MEDALLION Primary Care Case Management Program	Fast-Track	Stage complete. This regulation became effective on 03/28/2014.
Waiver Skilled Nursing Services in Quarter Hour Increments	Final	Stage complete. This regulation became effective on 01/02/2014.
Repeal Assisted Living Services for AG-Individuals in Adult Care Residences	Fast-Track	Stage complete. This regulation became effective on 09/26/2013.
Technology Assisted Waiver Update	Final	Stage complete. This regulation became effective on 03/13/2014.
Elderly or Disabled with Consumer Direction Waiver Updates	Final	Stage complete. This regulation became effective on 02/12/2015.
MCO Rural Exception	Final	Stage complete. This regulation became effective on 01/02/2014.
Repeal HIV/AIDS Waiver	Fast-Track	Stage complete. This regulation became effective on 06/20/2013.
Add FC/AA Kids in MCOs	Fast-Track	Stage complete. This regulation became effective on 01/02/2014.
Mental Retardation/Intellectual Disability Waiver Changes	Final	Stage complete. This regulation became effective on 07/04/2013.
EDCD Respite Services in Children's Residential Facilities	Final	Stage complete. This regulation became effective on 01/01/2012.
Foster Care Children Enrolled into Medallion II	Emergency/NOIRA	Stage complete. Emergency regulation expired on 05/01/2013.
Coverage and Reimbursement of Early Intervention Services under Part C of IDEA	Final	Stage complete. This regulation became effective on 10/25/2012.
2011 Budget Changes for Respite and Personal Care Services	Final	Stage complete. This regulation became effective on 07/01/2011.
Alzheimer's Assisted Living Waiver Update	Final	Stage complete. This regulation became effective on 07/05/2012.
Provider Felony Convictions	Final	Stage complete. This regulation became effective on 11/10/2010.
Substance Abuse Treatment Services	Final	Stage complete. This regulation became effective on 01/21/2010.
Money Follows the Person	Final	Stage complete. This regulation became effective on 07/09/2009.
Remove 21 hour Personal Care Requirement for EDCD Waiver Enrollees Receiving Hospice Services	Final	Stage complete. This regulation became effective on 07/01/2009.
Attorney General Regulatory Reform Task Force Changes	Final	Stage complete. This regulation became effective on 04/15/2009.
Acute and Long-Term Care Services	Final	Stage complete. This regulation became effective on 03/04/2009.
Program of All Inclusive Care (PACE) as State Plan Service	Fast-Track	Stage complete. This regulation became effective on 02/05/2009.
2008 Reimbursement Changes	Final	Stage complete. This regulation became effective on 10/15/2008.
Alzheimer’s Assisted Living (AAL) Waiver	Final	Stage complete. This regulation became effective on 07/11/2007.
IFDDS Waiver Changes	Final	Stage complete. This regulation became effective on 07/11/2007.
Day Support Waiver for Individuals with MR	Final	Stage complete. This regulation became effective on 12/26/2007.
Program of All-Inclusive Care for the Elderly (PACE)	Fast-Track	Stage complete. This regulation became effective on 07/01/2007.
Program of All Inclusive Care for the Elderly (PACE)	Fast-Track	Stage withdrawn on 10/10/2006 before DPB completed its review.
Home and Community Based Services for Persons with Mental Retardaton	Final	Stage complete. This regulation became effective on 06/28/2006.
Elderly/Disabled Waiver Combined with Consumer-Directed Waiver	Final	Stage complete. This regulation became effective on 02/22/2006.
Revisions to MEDALLION Regulations as a Result of a Periodic Review	Fast-Track	Stage complete. This regulation became effective on 11/20/2006.
Transitional funding for AIDS Waiver, IFDDS Waiver, MR Waiver, and Technology Assisted Waiver	Fast-Track	Stage withdrawn on 12/21/2005 before DPB completed its review.
Exclusion of Birth Injury Fund Participants from Medicaid and FAMIS Managed Care	Fast-Track	Stage complete. This regulation became effective on 03/11/2006.
Pediatric Dental Program	Emergency/NOIRA	Stage complete. Emergency regulation expired on 06/30/2006.
Medallion II BBA changes	Final	Stage complete. This regulation became effective on 03/10/2005.
AIDS/HIV Waiver	Final	Stage complete. This regulation became effective on 03/11/2004.
Individual and Family Developmental Disabilities Support Waiver (IFDDS)	Final	Stage complete. This regulation became effective on 10/01/2003.
Elderly & Disabled Waiver PERS Service	Final	Stage complete. This regulation became effective on 02/01/2003.
Managed Care: Medallion II	Final	Stage complete. This regulation became effective on 12/01/2002.
Mental Retardation Waiver Program	Final	Stage complete. This regulation became effective on 10/16/2002.
Individual and Family Developmental Disabilities Support Waiver	Final	Stage complete. This regulation became effective on 07/01/2001.
CBC Waiver Service for Recipients with Mental Retardation: Reduce Patient Pay Amount	NOIRA	Stage withdrawn on 09/04/2001 after the Governor's office completed its review.
Program of All-Inclusive Care for the Elderly (PACE)	Final	Stage complete. This regulation became effective on 07/01/2000.
Family Planning Waiver Services	NOIRA	Stage withdrawn on 06/13/2002 after the comment period had ended.

Action Title	Latest Stage	Status
Withdrawn Actions
No Coverage of Overtime Hours for CD Personal Assistance, Respite, and Companion Services	Proposed	Stage withdrawn on 11/20/2020 before the Governor's office completed its review.
Medallion Coverage for State Psychiatric Hospitals
CCC Plus - Part 2 (2nd Emergency Regulation)
Repeal Family Planning Waiver Regulations	Final	Stage withdrawn on 10/13/2016 prior to submitting for AG review.
Technical Fix for Part C Children	Final	Stage withdrawn on 10/13/2016 before submission to the Registrar.
Increase Personal Maintenance Allowance (PMA)	Final	Stage withdrawn on 10/06/2016 before submission to the Registrar.
2015 Technology Assisted Waiver Changes
Omnibus Waiver Regulatory Changes	NOIRA	Stage withdrawn on 11/12/2013 after the comment period had ended.
Federal MR Waiver Changes
CH 120 Money Follows the Person -- Modifying the Emergency Regulation
CH 0070 2008 Reimbursement Changes
Exceptional Rate for ID Waiver Individuals
2011 Exceptions to Personal Care Service Limit
Pediatric Dental Program	Proposed	Stage withdrawn on 11/03/2005 before DPB completed its review.
Personal Maintenance Allowance Increase	Final	Stage withdrawn on 11/04/2008 after submission to the Registrar.