Virginia Regulatory Town Hall
Agency
Department of Medical Assistance Services
Board
Board of Medical Assistance Services
 
chapter
Eligibility and Appeals [12 VAC 30 ‑ 110]
Guidance Documents
Chapter Information
Description This chapter contains client appeals, related cash assistance property rules, related more liberal methods of treating resources (transfer of assets), transfer of resources, spousal impoverishment, deduction of incurred medical expenses in determining countable income (spenddown.)
State Authority COV 32.1-325
Federal Authority Title XIX of the Social Security Act (42 U.S.C. 1396)
Exempt from APA No, changes to this chapter are subject to the Administrative Process Act.
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 StreetSuite 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
Repeal of the Eligibility and Appeals Regulations – Chapter 110 (Parts II-VIII) -

Past Actions
Action Title Latest Stage Status
Client Appeals Update Emergency/NOIRA Stage complete. Emergency regulation was set to expire on 03/07/2024 and has been extended until 09/06/2024.
Former Out-of-State Foster Care Youth
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 06/15/2018.
Client Appeals Amendments to Comply with Federal Regulatory Changes
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 12/13/2017.
ACA Appeal Changes
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 05/06/2015.
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 02/17/2011.
Attorney General Regulatory Reform Task Force Changes
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 04/15/2009.
Personal Needs Allowance (PNA) Increase
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 07/01/2007.
Revisions to Appeals Regulations as a Result of a Periodic Review Fast-Track Stage complete. This regulation became effective on 11/20/2006.
Authorized Applicant Final Stage complete. This regulation became effective on 06/18/2003.
Spousal Hardship Rule Final Stage complete. This regulation became effective on 08/01/2002.
Related Cash Assistance Property Rules; Transfer of Assets
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 04/11/2001.
Married Institutionalized Individuals' Eligibility and Patient Pay
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 04/11/2001.

Withdrawn Actions
Action Title Latest Stage Status
DOC Signature Authority for Medicaid Applications Fast-Track Stage withdrawn on 04/21/2015 before the Governor's office completed its review.
Coverage of Legal Immigrant Children Fast-Track Stage withdrawn on 11/20/2009 prior to publication in The Virginia Register.
Married Institutionalized Individuals' Eligibility and Patient Pay
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage withdrawn on 08/09/2007 before submission to the Registrar.