Regulatory and Policy Updates – August 2018

Updates from Magellan of Virginia

Please note the provider updates below sent by Magellan. They are available for viewing on the Magellan of Virginia provider page and you may also sign up to receive these email notices directly.

Public Comment on Model Family Foster Home Licensing Standards

VCOPPA recently received this communication from VDSS:

As the Three Branch Team is working towards the implementation of the Family First Prevention Services Act in Virginia, we have an opportunity to provide critical and time-sensitive feedback to the Administration for Children and Families, HHS.  The Administration for Children and Families solicits public comment on Proposed Model Family Foster Home Licensing Standards.  Please see the attachment regarding currently available information and the request for comment.

The VCOPPA Child Placement Shared Interest Group will also be collecting comments, so please forward any comments that your agency makes and/or would like the SIG to take into consideration to

DBHDS and DMAS Redesign of Medicaid Mental Health Continuum of Care

The Virginia Dept. of Behavioral Health and Developmental Services (DBHDS) and the Dept. of Medical Assistance Services (DMAS) is looking at a full redesign of the Medicaid Mental Health Continuum of care.  They met with the MCO’s and stakeholders recently, including representatives of VCOPPA.  The meeting was run by the Farley Center out of Colorado.  After introductions, DMAS & DBHDS left the room so that the providers could be open and direct with the Farley Center staff.  This meeting was very much just an opportunity for the Farley Center to meet with folks, and get a better idea on who to talk to, and how to talk to them.  Things to know:

  • They have been reviewing our data for months.  This was the first time they have been in Virginia.
  • They want this transformation to go hand in hand with Medicaid expansion.
  • This is primarily about resource allocation.  There will not be a lot of resources that will be entering the system.
  • They want to develop measures to track treatment efficacy.
  • There will be regulation changes through this process.
  • This is really about what will be in place in 2020, as 2019 would be too quickly to implement anything new.

The recommendations are due to the general assembly in January.  Their goal is to have something on paper by the end of Sept. so that they can work through things between Oct. 1 & January.  The goal is to continue this group from here on, including past the January date, so that they can remain involved with the ongoing process of transformation.

Please see these resources from the meeting:

Request for Public Comment Regarding DBHDS Licensing Regulations in Response to DOJ Settlement Agreement

PUBLIC NOTICE: Request for Comment following a Notice of Intended Regulatory Action (NOIRA) for Amendments to the DBHDS Licensing Regulations (12VAC35-105) to Comply with Requirements of the U.S. Department of Justice’s Settlement Agreement with Virginia, and a Request for Comment on Draft Guidance Documents related to the regulatory action.

On July 11, 2018, the State Board of Behavioral Health and Developmental Services approved an emergency regulatory action to take effect on September 1, 2018.  As part of that action, a Notice of Intended Regulatory Action (NOIRA) was also approved for permanent adoption of the amendments.  (See Stage 1 on this chart outlining the process for permanent adoption.)

Therefore, pursuant to Chapter 599 of the 2017 Acts of Assembly, notice is given of:

A new action to initiate change to the following regulations relating to licensed providers and a corresponding public comment forum is opening on Virginia’s Town Hall today, August 6, 2018.

It is anticipated that the change shall have an impact on staffing matters.

Draft guidance documents related to these regulatory changes are also posted for comment through a general notice and can be found here.  DBHDS requests specific comments regarding an appropriate time frame for the implementation of such changes.

Please see the following attachments:

VDOE Vendor Opportunity: Partners in Progress

VDOE is accepting applications for vendors for this conference. Vendors register here.

Full conference notice:

The Virginia Department of Education (VDOE) will offer a two-day training opportunity to administrators and staff of private schools for students with disabilities on Thursday, September 20, 2018, between 8:30 a.m. and 5 p.m., and Friday, September 21, 2018, between 8:30 a.m. and 12:30 p.m.  Registration on both dates begins at 7:30 a.m.  The training conference will be held at the Four Points by Sheraton Richmond Airport Hotel at 4700 South Laburnum Avenue Richmond, Virginia 23231.  This training is designed for individuals who are currently engaged in educating students with disabilities in private schools.  Participants will receive training on current laws and regulations regarding the education of students enrolled in these facilities; as well as technical assistance related to improving student outcomes.  Specifically, training will be provided on how to create reading remediation programs, best practices in medication management, transition, involving parents, and academic and career planning.

This is a free opportunity for all participants and breakfast will provided to all registered participants on both days of the conference, with lunch provided on September 20, 2018, only. Parking is free for all participants on both dates and a “limited” block of rooms, at the state rate, has been set aside for conference attendees for the nights of September 19, 2018, and September 20, 2018.  However, all room reservations are the responsibility of each individual attendee. To reserve a room using this web link or register by calling the hotel reservation number (804) 226-4300, let the clerk know you are reserving a room for the private school conference.  We are requesting that anyone interested in attending these trainings pre-register using the following web link:

This conference is designed for persons who are currently employed by a private school for students with disabilities.  No on-site registration will be accommodated.  Individuals registered will not be permitted to send a substitute if they are unable to attend.  No audio or videotaping of the training sessions will be allowed.  The VDOE reserves the right to cancel the registration of any person who does not meet the registration criteria.

Participant materials and an agenda will be provided at the training venue.  Questions regarding online registration or general questions regarding these trainings should be directed to Hank Millward, Director, Office of Specialized Education Facilities and Family Engagement (SEFFE), VDOE, by email, at; telephone (804) 371- 0525.