Virginia Regulatory Town Hall
Department of Medical Assistance Services
Board of Medical Assistance Services

General Notice
Notice of Public Comment Period: 1915(c) Home and Community Based Services Medicaid Waivers
Date Posted: 8/29/2022
Expiration Date: 12/31/2022
Submitted to Registrar for publication: YES
30 Day Comment Forum closed. Began on 8/29/2022 and ended 9/28/2022   [14 comments]

Important Announcement --Please share broadly with your networks!

Virginia Departments of Medical Assistance Services (DMAS) and Behavioral Health and Developmental Services (DBHDS)

Notice of Public Comment Period


The Department of Medical Assistance Services (DMAS) and the Department of Behavioral Health and Developmental Services (DBHDS) will welcome public comment regarding the submission to the U.S. Centers for Medicare and Medicaid Services (CMS) amended applications for the following 1915(c) Home and Community Based Services (HCBS) Medicaid Waivers:  Community Living (CL) Waiver; Family and Individual Supports (FIS) Waiver; and Building Independence (BI) Waiver. 


This notice serves to open the 30-day public comment period, which begins on August 29, 2022 at 5:00 pm Eastern Standard Time (EST).  The 1915(c) HCBS Waiver amended applications can be located at:


In 2021, general assembly budget language directed DMAS to review options for allowing continued permanent use of telehealth platforms in service delivery.  Stakeholder groups were held in April and May 2021.  The services that DMAS believed could include a telehealth component were divided into three implementation phases based on their difficulty to operationalize ongoing telehealth or because additional research was needed. 


Proposed amendment services for phase one are included for current review, and involve: 1) Benefits Planning Services; 2) Community Engagement Services; 3) Community Guide Services; 4) Individual and Family/Caregiver Training; 5) Independent Living Support Services; 6) In-home Support Services; 7) Peer Mentor Services; 8) Services Facilitation; and 9) Therapeutic Consultation Services. 


Additional changes to the waivers are (1) increasing the maximum percentage in which Community Guide providers can perform activities that do not interact with the waiver individual, and (2) pursuant to the 2020 General Assembly, reducing the minimum number of hours needed to work from 8 to 4 in order to earn the Special Earnings Allowance deduction on patient pay.


Instructions for Public Comment Submissions:


Town Hall:  Submit comments through the Town Hall public comment forum.


Electronic Submission:  Comments should be sent to  Comments may be sent within the body of an email or placed within a Microsoft Word document.


Or, submit via US Postal Mail to:


The Department of Medicaid Assistance Services

ATT:  Donna Boyce/Sr. Program Advisor – Division of High Needs Supports

Suite 1300

600 East Broad Street

Richmond, VA 23219

Contact Information
Name / Title: Emily McClellan  / Regulatory Manager
Address: Division of Policy and Research
600 E. Broad St., Suite 1300
Richmond, 23219
Email Address:
Telephone: (804)371-4300    FAX: (804)786-1680    TDD: (800)343-0634