The petitioner requests that the Formal Appeals regulations be amended as follows:

\"The DMAS director shall issue the final agency case decision to the provider, with a copy to the hearing officer, within 60 days of receipt of the hearing officer’s recommended decision.”

In accordance with Virginia law, the petition has been filed with the Registrar of Regulations and will be published on February 8, 2016 and posted to the Virginia Regulatory Town Hall at www.townhall.virginia.gov.  Comment on the petition will be accepted until February 29, 2016.

Following receipt of all comment on the petition, and within 90 days of February 29, 2016, the matter and any comments will be considered by the Director of the Department of Medical Assistance Services, acting on behalf of the Board, in order to make a determination on the petition.

After considering the Petition for Rulemaking, the DMAS director, under the authority vested in her by VA Code 32.1-324, determined that the requested change does not require regulatory action.  DMAS will begin sending final agency decisions to the provider, with a copy to the hearing officer.  The copy sent to the hearing officer will not be redacted.