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Virginia FAMIS MOMS and FAMIS Select Section 1115 Demonstration Demonstration Period: October 25, 2019 through June 30, 2029; Amended November 18, 2021 Page 7 of 61 f. Public Notice. An explanation of the public process used by Virginia, consistent with the requirements of STC 13. Such explanation must include a summary of any public feedback received and identification of how this feedback was addressed by the Commonwealth in the final amendment request submitted to CMS.

8. Extension of the Demonstration. States that intend to request an extension of the demonstration must submit an application to CMS from the Governor of the state in accordance with the requirements of 42 CFR 431.412(c). States that do not intend to request an extension of the demonstration beyond the period authorized in these STCs, must submit a phase-out plan consistent with the requirements of STC 9.

9. Demonstration Phase-Out. The Commonwealth may only suspend or terminate this demonstration in whole, or in part, consistent with the following requirements.

a. Notification of Suspension or Termination. The Commonwealth must promptly notify CMS in writing of the reason(s) for the suspension or termination, together with the effective date and a transition and phase-out plan. The Commonwealth must submit its notification letter and a draft transition and phase-out plan to CMS no less than six months before the effective date of the demonstration’s suspension or termination. Prior to submitting the draft transition and phase-out plan to CMS, the Commonwealth must publish on its website the draft transition and phase-out plan for a 30-day public comment period. In addition, the Commonwealth must conduct tribal consultation in accordance with STC 13. Once the 30-day public comment period has ended, the Commonwealth must provide a summary of each public comment received, the Commonwealth’s response to the comment, and how the Commonwealth considered the comments received when developing the revised transition and phase-out plan.

b. Transition and Phase-out Plan Requirements. The Commonwealth must minimally include in its phase-out plan the process by which it will notify affected beneficiaries; the content of said beneficiary notices (including information on the beneficiary’s appeal rights); the process by which the Commonwealth will conduct administrative reviews of Medicaid or CHIP eligibility prior to the termination of the demonstration for the affected beneficiaries; the process by which the Commonwealth will ensure ongoing coverage for eligible beneficiaries; and undertake any community outreach activities to notify affected beneficiaries (including any community resources that are available).

c. Transition and Phase-out Plan Approval: The Commonwealth must obtain CMS approval of the transition and phase-out plan prior to the implementation of transition and phase-out activities. Implementation of transition and phase-out activities must be no sooner than 14 calendar days after CMS approval of the transition and phase-out plan.