Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Medical Assistance Services
Board
Board of Medical Assistance Services


chapter
Eligibility Conditions and Requirements [12 VAC 30 ‑ 40]
Guidance Documents   Periodic Reviews
Chapter Information
Description This chapter contains all of the income and resource requirements and restrictions which must be met in order for an individual to be found to be eligible for one or more of the categories of eligibility, thereby qualifying the individual for Medicaid covered services.
State Authority COV 32.1-325 et seq et seq.
Federal Authority Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
Exempt from APA No, changes to this chapter are subject to the Administrative Process Act and the standard executive branch review process.
Text of Regulation Link to Virginia Administrative Code
Goals of Regulation None entered
Meetings

Contact Information
Name / Title: Emily McClellan   / Regulatory Supervisor
Address: Policy Division, DMAS
600 E. Broad Street, Suite 1300
Richmond, VA 23219
Email Address: Emily.McClellan@DMAS.Virginia.gov
Telephone: (804)371-4300    FAX: (804)786-1680    TDD: ()-
Current Actions
Action Title Latest Stage Status
CH 0040 Coverage in Approved Supportive Housing Fast-Track Governor's office review in progress.
Disregard Sterilization Compensation in Eligibility Determinations Proposed Stage complete. Comment period ended 12/16/2016.
CH 0030 Modified Adjusted Gross Income (MAGI) Methodology Fast-Track Governor's office review in progress.
Mandatory changes under the federal Deficit Reduction Act of 2005 - -
2015 Treatment of Annuities - -

Past Actions
Action Title Latest Stage Status
Real Property Appraisals for Resource Eligibility Final Stage complete. This regulation became effective on 9/21/2016.
2014 Medicaid Works-Federal Changes Fast-Track Stage complete. This regulation became effective on 12/31/2015.
Coverage of Lawfully Residing Pregnant Women and Children Final Stage complete. This regulation became effective on 7/17/2013.
Asset Verification System Final Stage complete. This regulation became effective on 1/3/2013.
Update to Medicaid Works Income Limit Fast-Track Stage complete. This regulation became effective on 12/19/2013.
Increase Resource Limits for Medicare Savings Program Groups Final Stage complete. This regulation became effective on 4/14/2010.
Social Security Number Data Match for Verification of Citizenship and Identity Fast-Track Stage complete. This regulation became effective on 12/17/2015.
Coverage of Legal Immigrant Children Fast-Track Stage complete. This regulation became effective on 2/17/2011.
Medicaid Buy-In program Final Stage complete. This regulation became effective on 7/23/2009.
HIPP Program Modifications Fast-Track Stage complete. This regulation became effective on 7/23/2009.
Medicaid Eligibility Income Disregards Fast-Track Stage complete. This regulation became effective on 3/19/2009.
Personal Needs Allowance (PNA) Increase Final Stage complete. This regulation became effective on 7/1/2007.
Medicare Prescription Drug Program (Part D) Final Stage complete. This regulation became effective on 3/7/2007.
Long Term Care Partnership Insurance Fast-Track Stage complete. This regulation became effective on 9/1/2007.
Mandatory Changes Pursuant to the Federal Deficit Reduction Act Final Stage complete. This regulation became effective on 8/9/2006.
Treatment of Annuities in Medicaid Eligibility Determinations Fast-Track Stage complete. This regulation became effective on 7/1/2005.
Discontinue Resource Test and Counting of Earned Income for Family and Children Groups Fast-Track Stage complete. This regulation became effective on 9/25/2004.
Reasonable Limits on Amounts for Necessary Medical or Remedial Care Final Stage complete. This regulation became effective on 7/1/2004.
ADAPT Final Stage complete. This regulation became effective on 12/3/2003.
Freeze the CPI Adjustment for Categorically Needy, Medically Needy and Standards of Assistance Income Limits through FY 2004 Emergency Stage complete. Emergency regulation expired on 6/30/2004.
Medicaid Eligibility Expansion to 133% of Federal Poverty Level Final Stage complete. This regulation became effective on 9/1/2002.
MNIL, Standards of Assistance, More Liberal Disregards Final Stage complete. This regulation became effective on 7/1/2002.
Medically Needy Income Limits Final Stage complete. This regulation became effective on 7/1/2001.
Medicaid Eligibility under Sec. 1931 REVISED Final Stage complete. This regulation became effective on 11/22/2000.
Eligibility under sec 1931 of the Act. Final Stage complete. This regulation became effective on 5/10/2000.

Withdrawn Actions
Action Title Latest Stage Status
Property Sales at Less Than Taxed Assessed Value Fast-Track Stage withdrawn before the Governor's office completed its review.
2014 Medicaid Works-Federal Changes -
Medicaid Buy-In Emergency/NOIRA Stage withdrawn before the Secretary's office completed its review.
Medicaid Works, a Medicaid Buy-In Program -
Coverage of Legal Immigrant Children Fast-Track Stage withdrawn prior to publication in The Virginia Register.
Resources and Transfers Proposed Stage withdrawn before the Secretary's office completed its review.
Treatment of Life Estates Emergency/NOIRA Stage withdrawn on 2/24/2009 after the comment period had ended.