2009 Session

Budget Amendments - HB1600 (Conference Report)

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Emergency Regulations for MR Waiver Renewal (language only)

Item 306 #3c

Item 306 #3c

Health And Human Resources
Medical Assistance Services, Department of

Page 343, after line 50, insert:
"VVV.  Upon approval by the Centers for Medicare and Medicaid Services of the application for renewal of the Mental Retardation Waiver, expeditious implementation of any revisions shall be deemed an emergency situation pursuant to § 2.2-4002 of the Administrative Process Act.  Therefore, to meet this emergency situation, the Department of Medical Assistance Services shall promulgate emergency regulations to implement the provisions of this act."

(This amendment adds language to provide the Department of Medical Assistance Services authority to implement revisions to the Mental Retardation (MR) Waiver as a result of federal approval of the renewal of the MR Waiver. In prior years, similar language authorizing the promulgation of emergency regulations for waiver renewals was provided in the Appropriation Act to allow the Department flexibility to make changes if necessary. This language was inadvertently removed.)