GENERAL NOTICES/ERRATAVol. 31 Iss. 21 - June 15, 2015
AIR POLLUTION CONTROL BOARD
State Implementation Plan Revision - Compliance with the General Requirements of § 110(a)(2) of the federal Clean Air Act
Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan to assure necessary authorities are contained in the state implementation plan (SIP) concerning visibility elements supporting the infrastructure requirements of the federal Clean Air Act (Act). The Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia SIP in accordance with the requirements of § 110(a) of the Act. The SIP is the plan developed by the Commonwealth in order to fulfill its responsibilities under the Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.
Purpose of notice: DEQ is seeking comment on the issue of whether the plan demonstrates the Commonwealth's compliance with federal Clean Air Act requirements related to general state plan infrastructure for controlling the interstate transport of air pollution.
Public comment period: 30-day comment forum - June 15, 2015, through July 15, 2015.
Public hearing: A public hearing will be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name and address of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.
Description of proposal: The proposed revision consists of a demonstration of compliance with the general requirements of § 110(a)(2) of the federal Clean Air Act for interstate transport as it relates to regional haze and sulfur dioxide (SO2).
Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the SIP.
How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address and telephone number of the person commenting and be received by DEQ by the last day of the comment period. All information received is part of the public record.
To review proposal: The proposal and supporting documents are available on the DEQ Air Public Notices for Plans website at http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx. The documents may also be obtained by contacting the DEQ representative named below. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:
1) DEQ Main Street Office, 8th Floor, 629 East Main Street, Richmond, VA, telephone (804) 698-4070,
2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (276) 676-4800,
3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, VA, telephone (540) 562-6700,
4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, VA, telephone (434) 582-5120,
5) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 574-7800,
6) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone (804) 527-5020,
7) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800, and
8) Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA, telephone (757) 518-2000.
Contact Information: Doris A. McLeod, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 698-4510, or email doris.mcleod@deq.virginia.gov.
STATE CORPORATION COMMISSION
Bureau of Insurance
May 20, 2015
Administrative Letter 2015-10
To: All Insurers and Other Interested Parties
Re: Insurance-Related Legislation Enacted by the 2015 Virginia General Assembly
We have attached for your reference summaries of certain insurance-related statutes enacted or amended and re-enacted during the 2015 Session of the Virginia General Assembly. The effective date of these statutes is July 1, 2015, except as otherwise indicated in this letter. Each organization to which this letter is being sent should review the summaries carefully and see that notice of these laws is directed to the proper persons, including appointed representatives, to ensure that appropriate action is taken to effect compliance with these new legal requirements. Copies of individual bills referred to in this letter may be obtained at http://lis.virginia.gov/cgi-bin/legp604.exe?ses=141&typ=lnk&val=55 or via the links we have provided in the summary headings. You may enter the bill number (not the chapter number) on the Virginia General Assembly Home Page, and you will be linked to the Legislative Information System. You may also link from the Legislative Information System to any existing section of the Code of Virginia. All statutory references made in the letter are to Title 38.2 (Insurance) of the Code of Virginia unless otherwise noted. All references to the Commission refer to the State Corporation Commission.
Please note that this document is a summary of legislation. It is neither a legal review and interpretation nor a full description of the legislative amendments affecting insurance-related laws during the 2015 Session. Each person or organization is responsible for review of relevant statutes.
/s/ Jacqueline K. Cunningham
Commissioner of Insurance
Chapter 9 (Senate Bill 697) and Chapter 443 (House Bill 1357)
§§ 38.2-231, 38.2-2113, and 38.2-2208. Commercial liability, homeowners, and automobile insurance policies; notices. Authorizes insurers to send certain notices, including nonrenewal and cancellation notices, pertaining to commercial liability, homeowners, or motor vehicle insurance policies by any first-class mail tracking method used or approved by the United States Postal Service (USPS), in addition to the registered and certified mail options. Insurers should note that the certain methods of delivery previously permitted by statute are no longer permissible methods of delivery, including "certificates of mailing" and "certificates of bulk mailing."
§ 38.2-3730. Credit life and credit accident and sickness insurance; reports. Removes the requirement that insurers file annual reports regarding credit life and credit accident and sickness insurance with the Commission. There is no change in the requirement for the information to be filed with the National Association of Insurance Commissioners.
§§ 38.2-4214, 38.2-4319, 38.2-4408, and 38.2-4509. Insurance plans; hypothecation of assets. Applies provisions regulating the hypothecation of assets that currently apply to most insurers to health services plans, health maintenance organizations, and insurers offering dental or optometric services plans. The bill requires insurers to maintain a certain amount of free and unencumbered admitted assets and to report to the Commission certain information regarding transactions encumbering assets.
Chapter 32 (Senate Bill 1227) and Chapter 115 (House Bill 2063)
§§ 38.2-3418.16 and 54.1-3303. Telemedicine services; prescriptions. Amends the definition of "telemedicine services" to encompass the use of electronic technology or media, including interactive audio or video, for the purpose of diagnosing or treating a patient or consulting with other health care providers regarding a patient's diagnosis or treatment.
§ 38.2-1884. Self-storage unit insurance. Removes the per-customer dollar limit on the amount of incidental compensation an employee or representative of a lessor of self-storage units may receive in connection with the sale of self-storage insurance. Currently, such compensation is limited to $10 per customer who purchases such coverage for a self-storage unit.
Chapter 515 (House Bill 1942) and Chapter 516 (Senate Bill 1262)
§ 38.2-3407.15:2. Health insurance plans and programs; preauthorization for drug benefits. Requires provider contracts under which an insurance carrier or its intermediary has the right or obligation to require preauthorization for a drug benefit to include specific provisions governing the preauthorization process.
§ 38.2-3407.15:2. Health insurance; updating maximum allowable cost pricing lists. Requires any contract between a health insurance carrier and its intermediary, pursuant to which the intermediary has the right or obligation to establish a maximum allowable cost, and any provider contract between a carrier and a participating pharmacy provider or its contracting agent, pursuant to which the carrier has the right or obligation to establish a maximum allowable cost, to contain specific provisions that require the intermediary or carrier to update the maximum allowable cost list, and verify the availability of the drugs on such list. Such contracts are also required to contain provisions that require the intermediary or carrier to provide a process for an appeal, investigation, and resolution of disputes regarding maximum allowable cost drug pricing.
Chapter 584 (Senate Bill 1190) and Chapter 585 (House Bill 1819)
§§ 38.2-2206 and 8.01-66.1:1. Motor vehicle liability insurance; underinsured motorist claims; settlement procedures; subrogation. Establishes a procedure by which an injured person or personal representative may settle a claim with a liability insurer or insurers and the liability insurer's or insurers' insured for the available limits of the liability insurer's coverage without prejudice to any underinsured motorist benefits or claim. Upon payment of the liability insurer's available limits, the liability insurer has no further duties to its insured and the underinsured motorist benefits insurer shall have no right of subrogation or claim against the underinsured motorist. The provisions of the bill apply to policies issued or renewed on or after January 1, 2016.
§ 38.2-1906. Insurance rates; policies transferred pursuant to agent book transfer. Clarifies that an insurer may cap the renewal rates for policies that have been transferred by an agent from one insurer to another insurer pursuant to an agent book transfer, to the same extent that such rates may be capped for policyholders whose coverage is continued by that insurer.
§§ 38.2-3412.1, 38.2-3418.17, 38.2-4300, 38.2-4319, and 38.2-5800. Health insurance; mental health parity. Conforms certain requirements regarding coverage for mental health and substance use disorders to provisions of the federal Mental Health Parity and Addiction Equity Act of 2008 (the Act). The bill requires that group and individual health insurance coverage provide mental health and substance use disorder benefits. Such benefits shall be in parity with the medical and surgical benefits contained in the coverage in accordance with the Act, even where those requirements would not otherwise apply directly. The measure requires the Bureau of Insurance to develop reporting requirements regarding denied claims, complaints, and appeals involving such coverage and to compile the information into an annual report.
§ 38.2-3418.17. Health insurance; mandated coverage for autism spectrum disorder. Requires health insurers, health care subscription plans, and health maintenance organizations to provide coverage for the diagnosis and treatment of autism spectrum disorder in individuals from age two through age ten. Currently, such coverage is required to be provided for individuals from age two through age six. The provision applies with respect to insurance policies, subscription contracts, and health care plans delivered, issued for delivery, reissued, or extended on or after January 1, 2016. The measure does not apply to policies, contracts, or plans issued in the individual market or the small group market, which effective January 1, 2016, will include employers with no more than 100 employees
Chapter 723 (House Bill 1444) Effective 1/1/2016
§§ 38.2-3407.19, 38.2-4214, 38.2-4319, and 38.2-4509. Vision care plans; reimbursement for services. Prohibits a participating provider agreement between a vision care plan carrier and an optometrist or ophthalmologist from establishing the fee or rate that the optometrist or ophthalmologist is required to accept for the provision of health care materials or services, or from requiring that an optometrist or ophthalmologist accept the reimbursement paid by the vision care plan carrier as payment in full, unless the services or materials are covered services or covered materials under the applicable vision care plan. Reimbursements by a vision care plan carrier are required to be reasonable, which is defined as the negotiated fee or rate that is set forth in the participating provider agreement and is acceptable to the provider. Vision care plans shall not require an optometrist or ophthalmologist to use a particular optical laboratory, manufacturer of eyeglass frames or contact lenses, or third-party supplier as a condition of participation in a vision care plan. Changes to a participating provider agreement shall be submitted in writing to the optometrist or ophthalmologist at least 30 days prior to their effective date. Provisions of this measure that relate to covered materials also apply to licensed opticians practicing in the Commonwealth. The bill has a delayed effective date of January 1, 2016.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Environmental Permit - Fort Belvoir
Purpose of notice: To seek public comments on a draft permit from the Virginia Department of Environmental Quality (DEQ) for a facility to manage hazardous waste as well as two statement of basis (SB) regarding proposed remedies for site-wide corrective action, located on the Fort Belvoir facility in Fort Belvoir, Virginia.
Public comment period: May 21, 2015, through July 6, 2015.
Permit name & number: Hazardous Waste Management Permit for Storage and Corrective Action; EPA ID No. VA7213720082
Permit applicant: U.S. Army Garrison Fort Belvoir (Fort Belvoir)
Facility name & location: U.S. Route 1, Fort Belvoir, VA 22060-5116
Project description: Fort Belvoir applied for a renewal permit to operate a facility that manages hazardous waste on April 21, 2014. One hazardous waste management unit (HWMU) is permitted, known as HWMU 1490, which is Building 1490 that stores hazardous waste in containers. The permit also includes RCRA site-wide corrective action activities, where Fort Belvoir may be required to submit various plans, studies, and reports in accordance with a Project Management Plan and Schedule Requirements approved by DEQ and the U.S. Environmental Protection Agency (EPA) Region 3. DEQ has prepared an SB dated October 20, 2014, on its proposed final remedies for 192 solid waste management units (SWMUs), which include either No Further Action, No Further Action with Administrative Closure, or Land Use Controls, and a second SB dated October 31, 2014, on its proposed final remedies for five SWMUs designated as A-05, A-08, A-09, A-11, and A-12, that have completed corrective measures studies located on the Fort Belvoir facility. The draft permit will allow the facility to continue to operate Building 1490, the hazardous waste storage facility, and implement RCRA site-wide corrective action activities.
How to comment: DEQ accepts comments by hand delivery, email, fax, or postal mail. All comments must include the name, address, and telephone number of the person commenting and be received by DEQ within the comment period. The public may also write to the contact person at the address below to be added to the facility mailing list. The public also may request a public hearing. To request a public hearing, the request must be in writing, must state the nature of the issues proposed to be raised in the hearing, and must be made within the public comment period. The public may review the draft permit, fact sheet, and application at the Kingstowne Library, 6500 Landsdowne Centre Drive, Alexandria, VA 22315 or at the Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193. Copies of the permit documents are also available at the Department of Environmental Quality, Office of Waste Permitting, 629 East Main Street, Richmond, VA 23219.
Contact for public comments, document requests, and additional information: Angela J. Alonso, Environmental Specialist II, Department of Environmental Quality, Office of Waste Permitting & Compliance, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4328, FAX (804) 698-4234, or email angela.alonso@deq.virginia.gov.
DEPARTMENT OF FORENSIC SCIENCE
Approved Breath Alcohol Testing Devices
This list of approved breath alcohol testing devices replaces the list published in the Virginia Register (29:2 VA.R. 334) on September 24, 2012.
Statutory Authority: §§ 9.1-1101, 18.2-267, and 18.2-268.9 of the Code of Virginia.
In accordance with 6VAC40-20-90 of the Regulations for Breath Alcohol Testing and under the authority of the Code of Virginia, the following breath test device is approved for use in conducting breath tests:
The Intox EC/IR II with the Virginia test protocol, manufactured by Intoximeters, Inc., St. Louis, Missouri, utilizing an external printer.
In accordance with 6VAC40-20-100 of the Regulations for Breath Alcohol Testing and under the authority of the Code of Virginia, for evidential breath test devices, mouthpieces that are compatible with the specific testing device are approved as supplies for use in conducting breath tests on approved breath test devices.
In accordance with 6VAC40-20-180 of the Regulations for Breath Alcohol Testing and under the authority of the Code of Virginia, the following devices are approved for use as preliminary breath test devices:
1. The ALCO-SENSOR, ALCO-SENSOR II, ALCOSENSOR III, ALCO-SENSOR IV, ALCO-SENSOR VXL, and ALCOSENSOR FST manufactured by Intoximeters, Inc., St. Louis, Missouri.
2. The CMI SD 2 and INTOXILYZER 400PA, manufactured by Lion Laboratories, Barry, United Kingdom.
3. The CMI SD 5 and INTOXILYZER 500 manufactured by CMI, Inc., Owensboro, Kentucky.
4. The LIFELOC PBA 3000*, LIFELOC FC10, LIFELOC FC10Plus and LIFELOC FC20, manufactured by Lifeloc Inc., Wheat Ridge, Colorado. *When used in the direct sensing mode only.
5. The ALCOTEST 5510, ALCOTEST 6510, ALCOTEST 6810 and ALCOTEST 6820 manufactured by Draeger Safety Diagnostics, Inc., Durango, Colorado.
6. The ALCOVISOR JUPITER, ALCOVISOR MERCURY and MARK V, manufactured by PAS Systems International, Inc., Fredericksburg, Virginia.
Contact Information: Amy M. Curtis, Department Counsel, Department of Forensic Science, 700 North 5th Street, Richmond, VA 23219, telephone (804) 786-6848, FAX (804) 786-6857, or email amy.curtis@dfs.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
2015 Medicaid Reimbursement Changes -
Notice of Intent to Amend the Virginia State Plan for Medical Assistance (pursuant to § 1902(a)(13) of the Act (42 USC 1396a(a)(13)))
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 Amount, Duration, and Scope of Medical and Remedial Care Services (12VAC30-50); Methods and Standards for Establishing Payment Rates - Inpatient Hospital Services (12VAC30-70); Methods and Standards for Establishing Payment Rates; Other Types of Care (12VAC30-80); and Methods and Standards for Establishing Payment Rates for Long Term Care (12VAC30-90).
DMAS is making these changes in its methods and standards for setting payment rates for services in order to comply with the legislative mandates set forth in the Chapter 665, Item 301 of the 2015 Acts of Assembly.
Reimbursement Changes Affecting Hospitals (12VAC30-70)
12VAC30-70-351 is being amended to eliminate inflation for inpatient hospital operating, GME, DSH, and IME payments, effective July 1, 2015.
The expected decrease in annual aggregate expenditures is ($36,849,416).
Reimbursement Changes Affecting Other Providers (12VAC30-80)
12VAC30-80-30 is being amended to:
1. Eliminate the emergency room payment reduction for level III physician services for nonemergencies effective July 1, 2015.
The expected increase in annual aggregate expenditures is $4,460,000.
2. Increase supplemental payments for physicians affiliated with freestanding children's hospitals with more than 50% Virginia Medicaid inpatient utilization effective July 1, 2015.
The expected increase in annual aggregate expenditures is $2,763,460.
3. Update the average commercial rate calculation of supplemental payments for physicians affiliated with a publicly funded medical school in Tidewater effective October 1, 2015.
The expected increase in annual aggregate expenditures is $100,000.
4. Establish supplemental payment for state clinics operated by the Virginia Department of Health (VDH) effective July 1, 2015.
The expected increase in annual aggregate expenditures is $300,000.
Reimbursement Changes Affecting Nursing Facilities (12VAC30-90)
12VAC30-90 is being amended to:
1. Eliminate inflation for nursing facilities, effective July 1, 2015.
The expected decrease in annual aggregate expenditures is ($27,204,097).
2. Implement the "hold harmless provision" for nursing facilities that meet the bed capacity and occupancy requirements, reimbursing with the price-based operating rate rather than the transition operating rate for those facilities. This change will be effective July 1, 2015.
The expected increase in annual aggregate expenditures is $320,122.
This notice is intended to satisfy the requirements of 42 CFR § 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review from William Lessard, Provider Reimbursement Division, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, and this notice is available for public review on the Regulatory Town Hall (http://townhall.virginia.gov). Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Mr. Lessard and such comments are available for review at the same address.
Contact Information: Emily McClellan, Regulatory Manager, Department of Medical Assistance Services, Division of Policy and Research, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.
STATE WATER CONTROL BOARD
Proposed Consent Order for Windswept Development, LLC
A consent order has been proposed for Windswept Development, LLC for violations at Aston Phase II and Westerleigh. The consent order seeks to resolve violations of State Water Control Law and the Virginia Water Protection Permit Program. The consent order describes a settlement to resolve these violations. The proposed consent order is available online at www.deq.virginia.gov. Lee Crowell will accept comments by email at lee.crowell@deq.virginia.gov or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23219, from June 15, 2015, through July 15, 2015.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; Email: varegs@dls.virginia.gov.
Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/connect/commonwealth-calendar.
Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents/cumultab.pdf.
Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works 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.
