HOUSE BILL NO. 123 Offered January 11, 2006 Prefiled December 27, 2005 A BILL to require the Director of the Department of Medical Assistance Services to seek a waiver for mental health services for at-risk youth. ---------- Patrons-- Fralin, Bell and Lingamfelter ---------- Referred to Committee on Health, Welfare and Institutions ----------

Be it enacted by the General Assembly of Virginia:

1.  § 1. Medical assistance services; mental health services for at-risk youth.

The Director of the Department of Medical Assistance Services shall develop and apply for a waiver, pursuant to § 1915 (c) of the Social Security Act, to offer services for children who shall be determined to be in need of services through the use of the uniform assessment instrument and process of the community policy and management team set forth in § 2.2-5209. Eligibility shall be limited to those children deemed at risk of institutional placement for the purpose of receiving needed mental health services. The waiver shall be designed, as permitted by federal law and regulations, to include, but not be limited to, the following services to children with serious emotional disturbance and their families: behavioral associate services, respite care, and family support services. The number of slots requested shall be contingent upon the amount funded in the appropriation act.

2.  That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in the 2006 Appropriation Act passed during the 2006 session of the General Assembly and signed into law by the Governor.

3.  That the waiver required by this act shall be developed and submitted to the Centers for Medicare and Medicaid Services by October 1, 2006.

4.  That, upon approval by the Centers for Medicare and Medicaid Services of any application for the waiver that shall be submitted by the Director of the Department of Medical Assistance Services pursuant to this act, expeditious implementation of the waiver shall be deemed to be an emergency situation pursuant to § 2.2-4011 of the Administrative Process Act; therefore, to meet this emergency situation, the Board shall adopt emergency regulations to implement the provisions of this act.

5.  That, in order to avoid the costs as much as possible during the regulatory process, the Board of Medical Assistance Services shall, when in compliance with the Administrative Process Act (§ 2.2-4000 et seq.), notify, distribute, and provide public access and opportunity for comment via electronic media, including, but not limited to, posting documents to and receiving comments via the Department's website, by email, and fax. The Board shall, however, continue to provide public notice and participation to those persons who do not have access to the Internet or to other forms of electronic media.