12VAC30-10 State Plan Under Title XIX of the Social Security Act Medical Assistance Program; General Provisions

REGULATIONS

Vol. 25 Iss. 4 - October 27, 2008

TITLE 12. HEALTH

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Chapter 10

Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations provided such regulations do not differ materially from those required by federal law or regulation. The Department of Medical Assistance Services will receive, consider and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 12VAC30-10. State Plan Under Title XIX of the Social Security Act Medical Assistance Program; General Provisions (adding 12VAC30-10-815).

Statutory Authority: §§ 32.1-324 and 32.1-325 of the Code of Virginia.

Effective Date: November 26, 2008.

Agency Contact: Brian McCormick, Regulatory Supervisor, Department of Medical Assistance Services, 600 E. Broad Street, Suite 1300, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Summary:

This regulatory action is intended to implement § 6034 of the Deficit Reduction Act (DRA) of 2005. This section of the DRA is based upon § 1902(a)(69) of the Social Security Act (the Act), and relates to "Cooperation with Medicaid Integrity Program Efforts." This regulatory change will enhance federal and state oversight of and increase enforcement actions against fraud and abuse in the Medicaid program. The amendment merely assures the Centers for Medicare and Medicaid Services (CMS) of the Commonwealth comply with federal statutory and regulatory requirements.

Section 1902(a)(69) of the Social Security Act requires that the Medicaid State Plan "provide that the States must comply with any requirements determined by the Secretary to be necessary for carrying out the Medicaid Integrity Program established under § 1936." The Centers for Medicare and Medicaid Services provided the Department of Medical Assistance Services with the specific document language to implement this requirement. This document was a preprinted form containing the exact and specific language that CMS required.

12VAC30-10-815. Cooperation with Medicaid Integrity Program efforts.

The Medicaid agency assures it complies with such requirements determined by the Secretary to be necessary for carrying out the Medicaid Integrity Program established under § 1936 of the Act.

VA.R. Doc. No. R09-1588; Filed October 7, 2008, 1:53 p.m.