COMMONWEALTH OF VIRGINIA
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
NOTICE OF INTENT TO AMEND
(Pursuant to §1902(a)(13) of the Act (U.S.C. 1396a(a)(13))
THE VIRGINIA STATE PLAN FOR MEDICAL ASSISTANCE
This Notice was posted on June 29, 2023
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 – Long-Term Care (12 VAC 30-90).
This notice is intended to satisfy the requirements of 42 C.F.R. § 447.205 and of § 1902(a)(13) of the Social Security Act, 42 U.S.C. § 1396a(a)(13). A copy of this notice is available for public review from Meredith Lee, DMAS, 600 Broad Street, Suite 1300, Richmond, VA 23219, or via e-mail at: Meredith.Lee@dmas.virginia.gov.
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 Meredith Lee and such comments are available for review at the same address. Comments may also be submitted, in writing, on the Town Hall public comment forum attached to this notice.
This notice is available for public review on the Regulatory Town Hall (https://townhall.virginia.gov) on the General Notices page, found at: https://townhall.virginia.gov/L/generalnotice.cfm
Methods & Standards for Establishing Payment Rates-Long-Term Care (12 VAC 30-90)
In accordance with the 2022 Special Session, Item 304.OOO, DMAS revised the state plan in 2022 to establish a unified, value-based purchasing (VBP) program that includes enhanced funding for facilities that meet or exceed performance and/or improvement thresholds as developed, reported, and consistently measured by DMAS in cooperation with participating facilities. During the first year of this program, half of the available funding was distributed to participating nursing facilities to be invested in functions, staffing, and other efforts necessary to build their capacity to enhance the quality of care furnished to Medicaid members. This funding was administered as a Medicaid rate add-on. The remaining funding was allocated based on performance criteria as designated under the nursing facility VBP program.
Pursuant to 2022 Special Session, Item 304.OOO, the state plan is being revised again to reflect the second year of the nursing facility VBP program. The amount of funding devoted to nursing facility quality of care investments shall be 25 percent of available funding in the second year of the program before the program transitions to payments based solely on nursing facility performance criteria in the third year of the program.
The department shall convene the stakeholders no less than annually through at least the first two years of the program to review program progress and discuss potential modifications to components of the arrangement, including, but not limited to, timing of enhanced payments, performance metrics, and threshold determinations.
Complete details including technical information regarding program eligibility, performance measures, performance thresholds and payments are available on DMAS’ website at the following address: https://www.dmas.virginia.gov/about-us/value-based-purchasing/and will be effective beginning July 1, 2023.
The expected increase in annual aggregate expenditures is $162,558 in state general funds, $418 in special funds, and $188,179 in federal funds in federal fiscal year 2023, and $3,026,007 in state general funds, $1,671 in special funds, and $3,240,471 in federal funds in federal fiscal year 2024.