GENERAL NOTICES/ERRATAVol. 25 Iss. 16 - April 13, 2009
DEPARTMENT OF CONSERVATION AND RECREATION AND DEPARTMENT OF ENVIRONMENTAL QUALITY
Watershed Cleanup Plan
The Department of Conservation and Recreation and the Department of Environmental Quality hosted a public meeting on Wednesday, April 8, 2009, at St. Mary’s Whitechapel Episcopal Church Assembly Hall in Lancaster, Virginia, on the development of a cleanup plan for Greenvale and Beach Creeks in Lancaster County, Virginia. The meeting covered the process for developing the plan and how citizens can be involved in the clean-up plan development and implementation.
DEQ has developed a total maximum daily load (TMDL) for polluted streams in the Greenvale and Beach Creek watersheds. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. The streams have excessive bacteria that decrease the quality of the water, prohibiting the harvest of molluscan shellfish. To restore water quality, pollutant levels have to be reduced to the TMDL amount.
The public comment period on materials presented at this meeting will extend to May 13, 2009. For more information, contact May Sligh, IP Coordinator, Department of Conservation and Recreation, Tappahannock Field Office, Tappahannock, VA 22560, telephone (804) 443-1494, or email may.sligh@dcr.virginia.gov. Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.
STATE CORPORATION COMMISSION
AT RICHMOND, MARCH 16, 2009
COMMONWEALTH OF VIRGINIA
At the relation of the
STATE CORPORATION COMMISSION CASE NO. INS-2009-00008
Ex Parte: In the matter of Adopting Revisions
to the Rules Governing Life Insurance
Reserves and Use of the 2001 CSO
Preferred Class Structure Mortality
Table in Determining Reserve Liabilities
CONTINUANCE ORDER
By Order entered January 23, 2009, all interested persons were ordered to take notice that subsequent to February 24, 2009, the State Corporation Commission ("Commission") would consider the entry of an order adopting revisions proposed by the Bureau of Insurance ("Bureau") to the Commission's rules entitled "Life Insurance Reserves" and "Use of the 2001 CSO Preferred Class Structure Mortality Table in Determining Reserve Liabilities," set forth in 14 VAC 5-319-40, 14 VAC 5-322-20, 14 VAC 5-322-30, and 14 VAC 5-322-40, unless on or before February 24, 2009, any person objecting to the adoption of the proposed new rules filed a request for a hearing with the Clerk of the Commission ("Clerk").
The Order to Take Notice also required all interested persons to file their comments in support of or in opposition to the proposed new rules on or before February 24, 2009.
Genworth Financial and the American Council of Life Insurers timely filed comments with the Clerk recommending amendments to the proposed revisions. There was no request for a hearing filed with the Clerk.
THE COMMISSION is of the opinion that this matter should be continued generally to allow further consideration of the proposed new rules and possible changes.
IT IS THEREFORE ORDERED THAT:
(1) This matter is continued generally pending further order by the Commission.
(2) AN ATTESTED COPY hereof, shall be sent by the Clerk of the Commission to the Bureau in care of Deputy Commissioner Douglas C. Stolte, who forthwith shall mail a copy of this Order to all licensed life insurers, burial societies, fraternal benefit societies, and qualified reinsurers authorized by the Commission pursuant to Title 38.2 of the Code of Virginia, and certain interested parties designated by the Bureau.
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March 9, 2009
ADMINISTRATIVE LETTER 2009-03
TO: All Insurers Licensed to Write Accident and Sickness Insurance in Virginia, and All Health Services Plans and Health Maintenance Organizations Licensed in Virginia
RE: 14 VAC 5-190-10 et seq.: Rules Governing the Reporting of Cost and Utilization Data Relating to Mandated Benefits and Mandated Providers - 2008 Reporting Period
The purpose of this Administrative Letter is to assist carriers in the preparation of the Annual Report of Cost and Utilization Data relating to Mandated Benefits and Providers required pursuant to 14 VAC 5-190-10 et seq. and § 38.2-3419.1 of the Code of Virginia, and to remind all affected carriers of the reporting requirements applicable to mandated benefits and providers for the 2008 reporting year. Carriers should refer to 14 VAC 5-190-40 for an explanation of the circumstances under which a full and complete or an abbreviated report must be filed, or under which a company may be exempt from filing a report. The Virginia total annual written premium for all accident and sickness policies or contracts referred to in the regulation is the amount reported to the Commission on the company’s Annual Statement for the year ending December 31, 2008. This is the amount used to determine if a report is required. Each affected carrier must submit a completed Form MB-1 to furnish the required information. It is not acceptable to submit more than one Form MB-1 for a single carrier or to consolidate information from different carriers on one form.
The completed Form MB-1 (cover sheet and sections) is due on or before May 1, 2009 and may be submitted electronically. The due date may not be extended for any reason, including the inability to file the reports electronically. The instructions, representative CPT and ICD-9-CM codes, and forms for the 2008 reporting period are available on the Bureau of Insurance’s website at:
http://www.scc.virginia.gov/boi/webpages/boimandatedforms.htm
The instructions explain the type of information necessary to complete Form MB-1. All sources of information, including 14 VAC 5-190-10 et seq., §§ 38.2-3408 through 38.2-3418.14, as applicable, § 38.2-4221, and CPT and ICD-9-CM codes, should be consulted in the preparation of this report. Please note that the CPT and ICD-9-CM codes are not intended to exhaust all medical codes that may be used in collecting data for Form MB-1, but are representative of some of the more common codes associated with the mandated benefits.
Due to the repeal of Section 38.2-3418.1:1, data is no longer required for coverage of bone marrow transplants, beginning with the 2008 reporting period.
Carriers are reminded that failure to submit a substantially complete and accurate report pursuant to the provisions of 14 VAC 5-190-10 et seq., by May 1, 2009, may be considered a violation subject to a penalty as set forth in § 38.2-218 of the Code of Virginia. Lack of notice, lack of information, lack of means of producing the required data, or other such reasons will not be accepted for not submitting a complete and accurate report in a timely manner.
Correspondence regarding reporting requirements should be directed to: Mary Ann Mason, Senior Insurance Market Examiner, Forms and Rates Section, Bureau of Insurance, Life and Health Division, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9348, FAX (804) 371-9944, or email maryann.mason@scc.virginia.gov. System related questions or problems should be directed to: Andrew Iverson, Insurance Analyst, Bureau of Insurance, Automated Systems, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9851, FAX (804) 371-9516, or email andrew.iverson@scc.virginia.gov.
/s/ Alfred W. Gross
Commissioner of Insurance
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EDITOR'S NOTICE: The Virginia Small Employer Group Health Insurance Medical History Form referenced in the following letter is not printed below; however, the form is available at the State Corporation Commission, Document Control Center, Tyler Building, 1st Floor, 1300 East Main Street, Richmond, Virginia, from 8:15 a.m. to 5 p.m. Monday through Friday.
March 10, 2009
ADMINISTRATIVE LETTER 2009-04
To: All Companies Licensed In Virginia To Write Accident And Sickness Insurance, All Health Maintenance Organizations Licensed In Virginia, And All Health Services Plans Licensed In Virginia
Re: Virginia Small Employer Group Health Insurance Medical History Form
In accordance with the provisions of House Bill 728 approved by the Virginia General Assembly during its 2008 legislative session, the Bureau of Insurance (the Bureau), with the assistance of a number of interested parties, has developed the Virginia Small Employer Group Health Insurance Medical History Form, a copy of which is attached to this letter. This form may be used by small employers submitting group health insurance applications to, or seeking rate and coverage information from, one or more insurers. Use of the form, which is completely voluntary, is intended to relieve small employers and their employees of the burden of completing multiple forms.
Provided this form is used in the exact format attached with no modifications except as otherwise noted below, insurers may use the form immediately without obtaining approval from the Bureau. The form is exempt from filing and approval requirements, in accordance with Virginia Code § 38.2-316 I.
Insurers, Health Services Plans, and Health Maintenance Organizations opting to use and accept this form should prepare and communicate their instructions for use and acceptance of the form to their respective agents and other interested parties. While it will generally be up to carriers to prepare and communicate instructions and guidelines for use of the form, the Bureau does expect and require all carriers to comply with the following general requirements:
· The full and proper corporate name of the insurer, health services plan or health maintenance organization must be recorded in Section 5 of the form. It is acceptable for a carrier to pre-print forms with the full and corporate name included, but sufficient space must be allowed for the entry of other carriers as well.
· Carriers are encouraged to include within their instructions for completion and return of the form, a prominent statement to the effect that completed forms should not, under any circumstances, be submitted to the Bureau.
· The type-size used in the form may be enlarged if a carrier so chooses, but it may not be reduced. Text may not be altered or changed.
· The form may be placed on a carrier’s website or other electronic medium provided the format is not changed, or only minimal formatting changes are made to accommodate website specifications.
The Bureau will periodically survey carriers concerning their use of this form, and will review and revise this form, as appropriate, to ensure its ongoing compliance with applicable statutory and regulatory requirements and to ensure that it meets the needs of the insurers and small employers using it. Changes to the form will be communicated to insurers and interested parties by Administrative Letter.
If you have any questions concerning the use of this form, please contact: Robert Grissom, Supervisor, Forms and Rates Section, Life and Health Division, Bureau of Insurance, P.O. Box 1157, Richmond, Virginia 23218, telephone (804) 371-9152, FAX (804) 371-9944.
/s/ Alfred W. Gross
Commissioner of Insurance
DEPARTMENT OF ENVIRONMENTAL QUALITY
Notice to Restore Water Quality for Shellfish Growing Areas Along Jackson, Bonum, and Gardner Creeks
Public meeting: April 22, 2009, at the Cople Episcopal Parish Hall, 72 Coles Point Road, Hague, VA 22469. Public meetings will be held from 2 p.m. to 4 p.m. and 6 p.m. to 8 p.m.
Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are holding the final public meetings for a study to restore water quality for three shellfish growing areas and a public comment opportunity.
Meeting description: Final public meetings on a study to restore water quality for shellfish growing areas along Jackson, Bonum, and Gardner Creeks that are impaired due to bacterial violations.
Description of study: Virginia agencies have worked to identify sources of the bacterial contamination in the shellfish growing waters of the (tidal) Jackson, Bonum, and Gardner Creeks, an area totalling approximately 0.531 square miles in Westmoreland County. These streams are impaired for failure to meet the designated use of shellfish consumption because of bacterial water quality standard violations.
| Stream | County | Area (miles²) | Impairment |
| Jackson Creek | Westmoreland | 0.137 | Shellfish Use (Fecal Coliform) Bacteria |
| Bonum Creek | Westmoreland | 0.210 | |
|
Gardner Creek
| Westmoreland | 0.184 |
The study reports the current status of the creeks via sampling performed by the Virginia Department of Health, Division of Shellfish Sanitation, shellfish area condemnations, and the possible sources of bacterial contamination. The study recommends total maximum daily loads (TMDLs) for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, bacterial levels have to be reduced to the TMDL amount.
How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, which will begin April 22, 2009, and end on May 21, 2009. DEQ also accepts written and oral comments at the public meeting announced in this notice.
Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949 A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, FAX (804)-527-5106, or email mjsmigo@deq.virginia.gov.
Total Maximum Daily Load - Tuckahoe Creek, Little Tuckahoe Creek, Anderson, Broad, Georges and Readers Branches, and Deep Run
Notice is hereby given that the Department of Environmental Quality seeks comment on proposed modifications to the bacteria total maximum daily load (TMDL) developed for Tuckahoe Creek, Little Tuckahoe Creek, Anderson, Broad, Georges, and Readers Branches, and Deep Run located in Henrico, Goochland, and Hanover Counties, Virginia. A total maximum daily load of E. coli was developed to address the bacterial impairments in Tuckahoe Creek, Little Tuckahoe Creek, Anderson, Broad, Georges and Readers Branches, and Deep Run located in Henrico, Goochland, and Hanover Counties. This TMDL was approved by the Environmental Protection Agency on September 20, 2004, and can be found at the following website:
http://www.deq.virginia.gov/tmdl/apptmdls/jamesrvr/tuckcr.pdf
The Virginia Department of Environmental Quality (VDEQ) seeks written comments from interested persons on the minor modification of this TMDL. Richmond Country Club Waste Water Treatment Plant (VPDES Permit #0063649) is a municipal minor facility that discharges to an unnamed tributary of Tuckahoe Creek. This facility should have an assigned a waste load allocation (WLA) in the TMDL based on the design flow of 0.0036 MGD. Therefore, DEQ’s proposes the following changes to the report:
· Add Richmond Country Club WWTP to TMDL as a facility permitted for control of fecal coliform in text of TMDL.
· Assign the facility a WLA of 6.27E+09 in Table 7 page 20 of TMDL.
For the bacterial TMDL, the proposed WLA addition will neither cause nor contribute to the nonattainment of the Tuckahoe Creek basin. The addition of the Richmond Country Club WWTP WLA does not affect the total TMDL amount (0% increase).
The public comment period for this modification will end May 12, 2009. Please include the name, address, and telephone number of the person submitting comments or questions and send to Margaret Smigo, Department of Environmental Quality, Piedmont Regional Office, 4969-A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, or email mjsmigo@deq.virginia.gov.
STATE LOTTERY DEPARTMENT
Director's Orders
The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on March 26, 2009. The order may be viewed at the State Lottery Department, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, Virginia.
Final Rules for Game Operation:
Director's Order Number Twenty-Seven (09)
Virginia's Instant Game Lottery 1122; "Monopoly" (effective 3/25/09)
VIRGINIA SOIL AND WATER CONSERVATION BOARD
Proposed Consent Special Order - Fountainhead Land Company, LLC.
Purpose of notice: To seek public comment on the terms of a proposed Consent Special Order (order) issued to Fountainhead Land Company, LLC (Fountainhead).
Public comment period: April 13, 2009, through May 12, 2009.
Summary of proposal: The order describes a settlement between the board and Fountainhead to resolve alleged past violations of the Virginia Stormwater Management Act and Regulations at Fountainhead's Ballyhack Golf Course construction project located southeast of the City of Roanoke in Roanoke County. The proposed order requires payment of $5,888.
How to comment: The Department of Conservation and Recreation accepts written comments from the public by mail, email, or facsimile. All comments must include the name, address, and telephone number of the person commenting. Comments must be received before the end of the comment period on May 12, 2009. A copy of the order is available on request.
Contact for copies of documents (e.g., proposed order) or other information: Edward A. Liggett, Department of Conservation and Recreation, 900 Natural Resources Drive, Suite 800-DCR, Charlotttesville, VA 22903, telephone (434) 220-9067, FAX (804) 786-1798, or email ed.liggett@dcr.virginia.gov.
Contact Information: David C. Dowling, Policy, Planning, and Budget Director, Department of Conservation and Recreation, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone (804) 786-2291, FAX (804) 786-6141, or email david.dowling@dcr.virginia.gov.
Proposed Consent Special Order - Mr. John Cannon
Purpose of notice: To seek public comment on the terms of a proposed Consent Special Order (order) issued to Mr. John Cannon.
Public comment period: April 13, 2009, through May 12, 2009.
Summary of proposal: The order describes a settlement between the board and Mr. Cannon to resolve alleged past violations of the Virginia Stormwater Management Act and regulations at a construction project near Highways 58 and 360 in South Boston. The proposed order requires payment of a $6,750 civil charge.
How to comment: The Department of Conservation and Recreation accepts written comments from the public by mail, email, or facsimile. All comments must include the name, address, and telephone number of the person commenting. Comments must be received before the end of the comment period at midnight on May 12, 2009. A copy of the order is available on request.
Contact for copies of documents (e.g., proposed order) or other information: Edward A. Liggett, Department of Conservation and Recreation, 900 Natural Resources Drive, Suite 800-DCR, Charlottesville, VA 22903, telephone (434) 220-9067, FAX (804) 786-1798, or email ed.liggett@dcr.virginia.gov.
Contact Information: David C. Dowling, Policy, Planning, and Budget Director, Department of Conservation and Recreation, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone (804) 786-2291, FAX (804) 786-6141, or email david.dowling@dcr.virginia.gov.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.
Filing Material for Publication in the Virginia Register of Regulations
Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.
The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track and emergency regulatory packages.
ERRATA
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Title of Regulation: 12VAC30-120. Waiver Services.
Publication: 20:11 VA.R. 1178 February 9, 2004.
Correction to Final Regulation:
Page 1178, 12VAC30-120-140, column 2, strike the Registrar's Notice in its entirety and insert the following:
REGISTRAR'S NOTICE: The proposed regulation was adopted as published in 20:2 VA.R. 100-127 October 6, 2003, with a correction to an error on page 105, 12VAC30-120-140, definition of "Personal services." Pursuant to § 2.2-4031 A of the Code of Virginia, the adopted regulation is not published at length; however, the correction to the definition of "Personal services" is noted as follows:
Page 105, 12VAC30-120-140, definition of "Personal services," change "Personal care services" to "Personal care [ assistance ] services."
VA.R. Doc. No. R03-157
COMMONWEALTH TRANSPORTATION BOARD
Title of Regulation: 24VAC30-92. Secondary Street Acceptance Requirements.
Publication: 25:15 VA.R. 2776-2802 March 30, 2009.
Correction to Final Regulation:
Page 2800, column 2, 24VAC30-92-140 D, paragraph 3, line 4, change "subdivision B 2 c" to "subdivision B 2 a."
VA.R. Doc. No. R07-217; Filed April 1, 2009, 8:38 a.m.
