(compiled)(current-state-plan)Virginia CHIP compiled state plan: Current State Plan (approved August 1, 2003, effective June 1, 2003)#
(compiled)(current-state-plan)(page-1)Page 1#
Model Application Template for the State Childrens Health Insurance Program
Effective Date: 07/01/05
1 Approval Date: _____________/06
OMB #: 0938-0707 Exp. Date:
MODEL APPLICATION TEMPLATE FOR STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT STATE CHILDREN’S HEALTH INSURANCE PROGRAM
Preamble
Section 4901 of the Balanced Budget Act of 1997 (BBA) amended the Social Security Act (the Act) by adding a new title XXI, the State Children’s Health Insurance Program (SCHIP). Title XXI provides funds to states to enable them to initiate and expand the provision of child health assistance to uninsured, low-income children in an effective and efficient manner. To be eligible for funds under this program, states must submit a state plan, which must be approved by the Secretary. A state may choose to amend its approved state plan in whole or in part at any time through the submittal of a plan amendment.
This model application template outlines the information that must be included in the state child health plan, and any subsequent amendments. It has been designed to reflect the requirements as they exist in current regulations, found at 42 CFR part 457. These requirements are necessary for state plans and amendments under Title XXI.
The Department of Health and Human Services will continue to work collaboratively with states and other interested parties to provide specific guidance in key areas like applicant and enrollee protections, collection of baseline data, and methods for preventing substitution of Federal funds for existing state and private funds. As such guidance becomes available, we will work to distribute it in a timely fashion to provide assistance as states submit their state plans and amendments.
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Model Application Template for the State Childrens Health Insurance Program
Effective Date: 07/01/05
2 Approval Date: _____________/06 Form CMS-R-211
MODEL APPLICATION TEMPLATE FOR STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT STATE CHILDREN’S HEALTH INSURANCE PROGRAM
(Required under 4901 of the Balanced Budget Act of 1997 (New section 2101(b)))
State/Territory:___________________Virginia____________________________ (Name of State/Territory)
As a condition for receipt of Federal funds under Title XXI of the Social Security Act, (42 CFR, 457.40(b))
________________________________________________________________________ Marilyn B. Tavenner, Secretary of Health and Human Resources
submits the following State Child Health Plan for the State Children’s Health Insurance Program and hereby agrees to administer the program in accordance with the provisions of the approved State Child Health Plan, the requirements of Title XXI and XIX of the Act (as appropriate) and all applicable Federal regulations and other official issuances of the Department.
The following state officials are responsible for program administration and financial oversight (42 CFR 457.40(c)): Name: Marilyn B. Tavenner
Position/Title: Secretary of Health and Human Services Name: Patrick W. Finnerty
Position/Title: Director, Department of Medical Assistance Services Name: Cynthia B. Jones
Position/Title: Chief Deputy Director, Department of Medical Assistance Services Name: Linda L. Nablo
Position/Title: Director, Division of Child Health Insurance According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-0707. The time required to complete this information collection is estimated to average 160 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, N2-14-26, Baltimore, Maryland 21244.
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Model Application Template for the State Childrens Health Insurance Program
Effective Date: 07/01/05
3 Approval Date: _____________/06 Section 1. General Description and Purpose of the State Child Health Plans and State Child Health Plan Requirements (Section 2101)
1.1 The state will use funds provided under Title XXI primarily for (Check appropriate box) (42 CFR 457.70):
1.1.1 Obtaining coverage that meets the requirements for a separate child health program (Section 2103); OR
1.1.2. Providing expanded benefits under the State’s Medicaid plan (Title XIX); OR
1.1.3. ⌧ A combination of both of the above. (Effective 09/01/02)
1.2 ⌧ Please provide an assurance that expenditures for child health assistance will not be claimed prior to the time that the State has legislative authority to operate the State plan or plan amendment as approved by CMS. (42 CFR 457.40(d))
1.3 ⌧ Please provide an assurance that the state complies with all applicable civil rights requirements, including title VI of the Civil Rights Act of 1964, title II of the Americans with Disabilities Act of 1990, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, 45 CFR part 80, part 84, and part 91, and 28 CFR part 35. (42CFR 457.130)
1.4
Please provide the effective (date costs begin to be incurred) and implementation (date services begin to be provided) dates for this plan or plan amendment (42 CFR 457.65):
Effective date: Plan: 10/26/98; Amend. 1: 7/01/01; Amend. 2: 12/01/01; Amend. 3: 7/01/01; Amend. 4: 09/01/02; Amend. 5: 08/01/03; Amend. 6: Pending; This Amend.: [(delete ESHI premium assistance program and exempt pregnant children from waiting period 8/01/05; allow for disease management in fee-for-service program 7/01/06)]
Implementation date: 10/26/98; Amend. 1: 8/01/01; Amend. 2: 12/01/01; Amend. 3: 12/01/01; Amend. 4: 09/01/02; Amend. 5: 08/01/03; Amend. 6: Pending; This Amend.: [(delete ESHI premium assistance program and exempt pregnant children from waiting period 8/01/05; allow for disease management in fee-for-service program 7/01/06)]
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-4
Effective Date: 07/01/05
4 Approval Date: _____________/06 Section 2. General Background and Description of State Approach to Child Health Coverage and Coordination (Section 2102 (a)(1)-(3)) and (Section 2105)(c)(7)(A)-(B))
2.1. Describe the extent to which, and manner in which, children in the state including targeted low-income children and other classes of children, by income level and other relevant factors, such as race and ethnicity and geographic location, currently have creditable health coverage (as defined in 42 CFR 457.10). To the extent feasible, make a distinction between creditable coverage under public health insurance programs and public-private partnerships (See Section 10 for annual report requirements). (42 CFR 457.80(a))
The Virginia Health Care Foundation conducted two surveys of health access in Virginia. The latest survey was conducted in the Spring of 1997 for the year 1996 of a representative sample of 1,861 households representing 4,694 individuals. The Department of Medical Assistance Services (DMAS) used estimates derived from this survey and census data for its planning purposes rather than from the national Current Population Survey. DMAS' administrative data were used to estimate Medicaid insured children.
HEALTH INSURANCE STATUS OF VIRGINIA CHILDREN 0-18, BY POVERTY LEVEL 1996
Insured Uninsured
Poverty Level Medicaid Private Total Insured Medicaid Eligible Other Uninsured Total Uninsured Total Children Under 100% 206,550 2,430 208,980 34,020 0 34,020 243,000 100% to 125% 33,450 3,570 37,020 10,980 9,000 19,980 57,000 125% to 150% 31,500 4,860 36,360 12,920 12,720 25,640 62,000 150% to 175% 37,500 9,140 46,640 22,080 17,280 39,360 86,000 175% to 200% 6,000 44,000 50,000 2,000 33,000 35,000 85,000 200% to 250% 0 57,000 57,000 0 20,000 20,000 77,000 Above 250% 0 979,000 979,000 0 40,000 40,000 1,019,000 Totals 315,000 1,100,000 1,415,000 82,000 132,000 214,000 1,629,000
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-5
Effective Date: 07/01/05
5 Approval Date: _____________/06 DMAS assumes that insured/uninsured individuals are evenly distributed by age below 100% of poverty. Above 100% of poverty more of the uninsured are ages 6-18. Virginia Medicaid covers children 0 through 5 up to 133% and covers children ages 6 through 18 up to 100% of poverty. Effective 9/01/02, Virginia’s Medicaid Program was expanded through Title XXI to cover additional targeted low-income children ages 6 through 18 with family income equal to or less than 133% of FPL.
2.2. Describe the current state efforts to provide or obtain creditable health coverage for uncovered children by addressing: (Section 2102)(a)(2) (42CFR 457.80(b))
2.2.1. The steps the state is currently taking to identify and enroll all uncovered children who are eligible to participate in public health insurance programs (i.e. Medicaid and state-only child health insurance):
In Virginia, determinations of eligibility for Medicaid (Title XIX) are made by the local Departments of Social Services and by Medicaid State agency staff co-located at the Title XXI Central Processing Unit. Applicants have the option of mailing in both their application for assistance and needed verifications, so that no face-to-face interview is required. Virginia also has eligibility workers outstationed in selected hospital sites and local health departments to identify potentially eligible and enroll eligible Medicaid (Title XIX) participants.
Determinations of eligibility for the state child health insurance program, The Family Access to Medical Insurance Security (FAMIS) Plan (Title XXI), are completed at a Central Processing Unit or Local Department of Social Services (LDSS). The Central Processing Unit screens applicants for Medicaid eligibility prior to completing a FAMIS eligibility determination. LDSS determines eligibility for Medicaid first and then determines FAMIS eligibility for children denied Medicaid due to excess income. Families may apply by mail, by phone or by fax; there is no requirement for a face-to- face interview.
In addition, many community groups have trained volunteers to help parents of potential Medicaid (Title XIX) and FAMIS (Title XXI) eligible individuals by answering questions and helping to complete applications and gather verifications needed to process cases.
Virginia’s Title XXI program is known as the Family Access to Medical Insurance Security Plan (FAMIS). The FAMIS program replaced Virginia’s original Title XXI program in August 2001. FAMIS was designed to simplify and speed-up the eligibility determination and enrollment process, and increase access to a broader array of providers through private-sector health insurance programs. These actions were taken to improve public perception and acceptance of the program, thereby increasing enrollment. In
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-6
Effective Date: 07/01/05
6 Approval Date: _____________/06 September 2002, the FAMIS program was revised again to provide for better coordination with the Medicaid program and to simplify the application process. FAMIS provides comprehensive health benefits for children from birth through age 18 who are not covered under health insurance and are not members of a family employed by a state agency or local government entity that contributes to the cost of dependent health care coverage. A mail-in application is used which addresses specific questions about other current and prior health insurance coverage A family may call a toll-free number and begin the application process. The FAMIS Central Processing Unit mails a preprinted Child Health Insurance application which can be completed, signed, and returned via mail or fax to the Central Processing Unit for Medicaid screening and FAMIS eligibility determination. If it appears the child is eligible for Medicaid, the application is forwarded to the outstationed Medicaid staff located at the Central Processing site or to the LDSS in the city or county where the family resides for Medicaid eligibility determination. Child Health Insurance applications may also be submitted to any LDSS for determination of eligibility of Medicaid and FAMIS. Expenditures for children who meet Medicaid eligibility criteria is claimed at the Commonwealth’s regular Medicaid FMAP. Effective 9/01/02, the Commonwealth began claiming enhanced funding for optional targeted low-income children who qualify under the Medicaid expansion. Expenditures for the children determined eligible under the Family Access to Medical Insurance Security Plan are claimed at the State’s enhanced FMAP.
No Entitlement: In accordance with § 2102(b)(4) of the Social Security Act (42 U.S.C. § 1397bb(b)(4)) and § 32.1-353 of the Code of Virginia, the Family Access to Medical Insurance Security Plan shall not create any individual entitlement for payment of medical services or any right or entitlement to participation.
2.2.2. The steps the state is currently taking to identify and enroll all uncovered children who are eligible to participate in health insurance programs that involve a public- private partnership:
Virginia currently has no health insurance programs that involve a public-private partnership.
2.3. Describe the procedures the state uses to accomplish coordination of SCHIP with other public and private health insurance programs, sources of health benefits coverage for children, and relevant child health programs, such as title V, that provide health care services for low-income children to increase the number of children with creditable health coverage. (Previously 4.4.5.) (Section 2102)(a)(3) and 2102(c)(2) and 2102(b)(3)(E)) (42CFR 457.80(c))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-7
Effective Date: 07/01/05
7 Approval Date: _____________/06
The FAMIS program coordinates with the Virginia Department of Health, including Children’s Specialty Services and the Maternal and Child Health programs, with State teaching hospitals serving indigent families, and with local government health delivery programs which serve low income children. The Commonwealth’s goal is to provide all targeted low-income children with an accessible and comprehensive system of care that secures a medical home for children. This coordination is directed to ensuring that FAMIS does not supplant or replace existing programs. Rather, the goal of coordination is the close cooperation between these programs to enhance the health care resources available to low income children. DMAS, the single State agency that administers the Medicaid program, also administers FAMIS. Thus, Virginia ensures that the plan is closely coordinated with Medicaid in identifying and facilitating enrollment in the respective programs.
DMAS is responsible for the coordination of outreach and education efforts for all children whether they qualify for Medicaid or for FAMIS. Community-based organizations participating in this effort direct families to the appropriate program and assist them with applying for either FAMIS or Medicaid. Public programs that have established networks serving families who would meet either FAMIS or Medicaid’s income eligibility requirements are used as a resource in reaching eligible children.
DMAS has developed an interagency committee specifically to address the health care needs of children, pregnant women, and special needs populations. The group meets periodically to discuss issues of mutual concern, solicit support, and cooperation, and share creative approaches to serving these unique populations. Information regarding FAMIS as well as Medicaid is routinely shared and discussed with these individuals. A part of this group effort is the identification and coordination of Title V children. In addition, through its many other committees comprised of non-agency membership (e.g., Board of Directors, Managed Care Advisory Committee, Provider Advisory Council), DMAS solicits input and advice from public and private entities on its programs.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-8
Effective Date: 07/01/05
8 Approval Date: _____________/06 Section 3. Methods of Delivery and Utilization Controls (Section 2102)(a)(4))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 4.
3.1. Describe the methods of delivery of the child health assistance using Title XXI funds to targeted low-income children. Include a description of the choice of financing and the methods for assuring delivery of the insurance products and delivery of health care services covered by such products to the enrollees, including any variations. (Section 2102)(a)(4) (42CFR 457.490(a))
The Commonwealth of Virginia’s Title XXI State Plan utilizes two Secretary-approved benefit packages within FAMIS. One Secretary-approved coverage is a modified Medicaid look-alike component offered through a fee-for-service program and a Primary Care Case Management (PCCM) Program previously approved and continually provided under the State’s original Title XXI program, Virginia Children’s Medical Security Insurance Plan (VCMSIP). The group of children receiving services through a PCCM program are comprised of children who transitioned into FAMIS from either VCMSIP or Medicaid with a prior primary care case management (PCCM) history. Such children are initially assigned to the PCP with whom they had a previous relationship. The other Secretary-approved coverage is modeled after the state employee plan in effect in June 2000, provided under the current Title XXI State Plan, approved by the Centers for Medicare and Medicaid Services (CMS) December 22, 2000 and delivered by contracted (Managed Care Organizations) MCOs.
The Commonwealth is providing two benefit packages since no responding MCO was awarded specific geographic areas during the procurement process. The Commonwealth offers Secretary- approved coverage through the fee-for-service component or the PCCM program in areas that do not have contracted MCOs to offer Secretary-approved coverage modeled after the state employee plan in effect in June 2000. In areas without contracted MCOs, those recipients who transitioned from the VCMSIP or Medicaid programs to FAMIS and who were assigned to a primary care provider continue to receive services through the Primary Care Case Management program. All other newly eligible and enrolled FAMIS recipients in these areas are assigned to the fee-for- service program. Financing
Coverage under the fee-for-service/PCCM components (modified Medicaid look-alike component) will be reimbursed on a fee-for-service basis by the Department.
The managed care organizations (MCOs) are at risk for all services provided. The plans have the discretion in reimbursing and contracting with providers and must ensure services are provided and a sufficient network exists. FAMIS rates are actuarially sound rates, and are established in a
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-9
Effective Date: 07/01/05
9 Approval Date: _____________/06 manner consistent with CMS regulations promulgated pursuant to the Balanced Budget Act of 1997. A managed care savings factor shall be applied to determine the final rates. The savings factor shall be determined annually.
PRIMARY CARE CASE MANAGEMENT
Secretary-approved coverage through the PCCM Program is provided through a Primary Care Case Management (PCCM) delivery system. The PCCM delivery system manages and delivers health care for enrollees and is reimbursed on a fee-for-service basis. This program is administered in conjunction with the State’s MEDALLION Primary Care Case Management program.
A. For areas that do not have contracted MCOs, children transitioning to FAMIS from VCMSIP and Medicaid PCCM programs are enrolled in the PCCM Program. The PCCM Program enrolls members with a primary care provider who acts as a health care manager, provides primary and preventive care, and authorizes most specialty services. . Members can access any program provider for specialty services if they obtain the necessary authorization from the PCP. Referrals are not required for the following services: mental health, family planning, dental, emergency services, obstetrical, vision, psychiatric and psychological services, substance abuse treatment for pregnant women, pharmacy services, transportation services, EPSDT services, school-based services, targeted case management, treatment of sexually transmitted diseases, and immunizations provided by local health departments.
B. Currently, there are approximately 3,031 active PCPs in the program’s network that includes practitioners, health departments, and community health clinics. The PCPs are reimbursed on a fee-for-service basis plus a $3.00 per member per month case manager's fee. Existing PCCM program capacities meet or exceed projected enrollment for Secretary-approved coverage in all service areas. The PCP capacity is monitored quarterly and enrollment is tracked monthly.
FEE-FOR-SERVICE
Coverage under the modified Medicaid look-alike component is based on the fee-for-service program and providers are reimbursed by the Department.
COVERAGE PROVIDED UNDER MCOs
The second benefit package is Secretary-approved coverage modeled after the state employee plan in effect in June 2000, provided under the current Title XXI State Plan through contracted MCOs.
Secretary-approved coverage modeled after the state employee health plan provides a comprehensive array of health care benefits for eligible enrollees. DMAS has contracted with various managed care health insurers that meet certain requirements and standards in order to
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-10
Effective Date: 07/01/05
10 Approval Date: _____________/06 provide a comprehensive health benefits plan to FAMIS enrollees on a regional basis. . The plans have the discretion in reimbursing and contracting with providers and must ensure services are provided and a sufficient network exists.
3.2. Describe the utilization controls under the child health assistance provided under the plan for targeted low-income children. Describe the systems designed to ensure that enrollees receiving health care services under the state plan receive only appropriate and medically necessary health care consistent with the benefit package described in the approved state plan. (Section 2102)(a)(4) (42CFR 457.490(b))
A. FFS/PCCM Utilization Controls.
Utilization controls for providers offering Secretary-approved coverage through the fee-for- service and the PCCM Program component are administrative mechanisms that are designed to ensure that children use only health care that is appropriate, medically necessary, and approved by DMAS. DMAS relies on the utilization controls already established and operational in the Title XIX program for eligibles under Title XXI. Administrative mechanisms to be employed include the following: prepayment reviews, prior authorizations and internal reviews, post payment and SURS reviews.
Managed Care Organization Utilization Controls
Managed care organizations providing the Secretary-approved coverage modeled after the State employee plan in effect in June 2000 are required by contract to manage service utilization and have in place a process of evaluating the necessity, appropriateness and efficiency of health care services against established guidelines and criteria. The utilization program may include drug formulary decisions and criteria. The UM program must demonstrate that enrollees have equitable access to care across the network and that UM decisions are made in a fair, impartial, and consistent manner that serves the best interest of the enrollees. The MCO’s UM program reflects standards for utilization management from the most current nationally accepted standards. The program must have mechanisms to detect over-utilization and/or under-utilization of care, including, but not limited to, provider profiling and disease management programs. MCOs must ensure that the preauthorization requirements do not apply to emergency care, family planning services, preventative services, and basic prenatal care.
For more information on utilization controls, please refer to the current Title XXI State Plan § 7 - Quality and Appropriateness of Care.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-11
Effective Date: 07/01/05
11 Approval Date: _____________/06 Section 4. Eligibility Standards and Methodology. (Section 2102(b))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 5.
4.1. The following standards may be used to determine eligibility of targeted low-income children for child health assistance under the plan. Please note whether any of the following standards are used and check all that apply. If applicable, describe the criteria that will be used to apply the standard. (Section 2102)(b)(1)(A)) (42CFR 457.305(a) and 457.320(a))
4.1.1. ⌧ Geographic area served by the Plan:
State wide.
4.1.2. ⌧ Age:
From birth through age 18.
4.1.3. ⌧ Income:
Effective September 1, 2002, the Commonwealth’s Medicaid program was expanded under Title XXI to provide coverage for children from age 6 through age 18 who live in families with income in excess of 100% of FPL, but less than or equal to 133% FPL. The income limit prior to this date was less than or equal to 100% FPL for children age 6 through 18. All Medicaid income disregards, deductions and methodologies used for the Poverty Level group of Medicaid eligible children in the State’s Title XIX plan apply to this expanded group. The Commonwealth claims enhanced funding for optional targeted low-income children who qualify under the Medicaid expansion. Regular FMAP is claimed for those children who do not meet the definition of optional targeted low- income child. The Family Access to Medical Insurance Security Plan, Virginia’s separate Title XXI plan, was also revised to cover children from birth through age 18 in families with gross incomes at or below 200% of the FPL, but in excess of 133% of the federal poverty level. Formerly, FAMIS covered children from birth through age 5 in families with gross income in excess of 133% of the FPL but at or below 200% of the FPL and children from age 6 through 18 in families with gross incomes in excess of 100% of the FPL but at or below 200% of the FPL.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-12
Effective Date: 07/01/05
12 Approval Date: _____________/06 The former Title XXI program, CMSIP, covered children up to 185% of the FPL and used the same income methodologies applied under the Virginia State Plan for Medical Assistance that are applied to children in the poverty income related groups.
Children who were enrolled in CMSIP on the date of FAMIS implementation, August 2001, were automatically enrolled in FAMIS. The income methodology for these children is protected. In the event that their gross family income exceeds the FAMIS limits, their eligibility will be determined using the income requirements of the CMSIP program for as long as they remain continuously eligible.
4.1.4. Resources (including any standards relating to spend downs and disposition of resources):
4.1.5. ⌧ Residency (so long as residency requirement is not based on length of time in state):
Eligible children must be Virginia residents.
4.1.6. Disability Status (so long as any standard relating to disability status does not restrict eligibility):
4.1.7. ⌧ Access to or coverage under other health coverage:
Any child covered under a group health plan or under health insurance coverage, as defined in § 2791 of the Public Health Service Act (42 U.S.C. § 300gg-91(a) and (b)(1)) shall not be eligible for the program.
4.1.8. ⌧ Duration of eligibility:
Children enrolled in FAMIS are eligible for coverage as of the first day of the month in which a signed application is received at either the local department of social services in the locality where the child resides or at the FAMIS Central Processing Unit. Effective 08-01-06, if a child enrolled in FAMIS is born within the three months prior to the month in which a signed application is received, coverage is effective retroactive to their date of birth if they would have met all eligibility criteria during that time.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-13
Effective Date: 07/01/05
13 Approval Date: _____________/06
Effective 08-01-03, enrollment is for 12 continuous months, unless one of the following events occurs before the annual renewal: 1) an increase in gross monthly income to above 200% FPL; 2) a child moves out of state; 3) a child turns age 19; 4) the family requests cancellation; or 5) the family applies for Medicaid and the child is determined eligible for Medicaid. Families must report the following changes before the annual renewal: 1) an increase in gross monthly income or change in family size resulting in a family income above 200% FPL; or 2) an enrolled child moving out of the Commonwealth of Virginia. If none of the above changes is reported, eligibility will be renewed annually.
4.1.9. ⌧ Other standards (identify and describe):
Children are not eligible for the Family Access to Medical Insurance Security Plan: (1) if they are a member of a family eligible for employer-sponsored dependent health insurance coverage under any Virginia State Employee Health Insurance Plan, (2) if they are inmates of public institutions, (3) if they are inpatients in an institution for mental disease, or (4) if their parent or other authorized representative does not meet the requirements on assignment of rights to benefits or cooperation with the agency in identifying and providing information to assist the Commonwealth in pursuing any liable third party.
4.2. The state assures that it has made the following findings with respect to the eligibility standards in its plan: (Section 2102)(b)(1)(B)) (42CFR 457.320(b))
4.2.1. ⌧ These standards do not discriminate on the basis of diagnosis. 4.2.2. ⌧ Within a defined group of covered targeted low-income children, these standards do not cover children of higher income families without covering children with a lower family income. 4.2.3. ⌧ These standards do not deny eligibility based on a child having a pre- existing medical condition.
4.3. Describe the methods of establishing eligibility and continuing enrollment. (Section 2102)(b)(2)) (42CFR 457.350)
Effective September 1, 2002, the State intensified efforts to enroll children in health care coverage through both its FAMIS and Medicaid programs. The Medicaid income limits for poverty level children were increased to 133% of the federal poverty level for children ages 6-19, thereby creating a single income limit for all poverty level children. A Title XIX State Plan
(compiled)(current-state-plan)(page-14)Page 14#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-14
Effective Date: 07/01/05
14 Approval Date: _____________/06 Amendment effective September 1, 2002 was submitted to expand this income limit. Note: Children with income in excess of 100% FPL but equal to or less than 133% FPL who are currently enrolled in FAMIS became Medicaid eligible effective on this date. Families of these children were notified of this change, the different benefit package available to Medicaid recipients, and the fact that their children’s cases would be transferred to and maintained by the local department of social services in the locality where they reside.
Instead of having a separate application form for each program, Medicaid and FAMIS, a single child health insurance application form was implemented. The single application form is accepted at the FAMIS Central Processing Unit and at any local department of social services in the Commonwealth. In addition to the single application form, children in families who apply at local departments of social services for Medicaid using a multi-program application form and who are determined to be ineligible for Medicaid will also have their eligibility for FAMIS determined by the local department. A supplement has been developed for use with the multi-program application form to collect information not applicable to Medicaid but necessary to determine FAMIS eligibility.
The Commonwealth continues to contract with a private entity to operate a Central Processing Unit for receipt and review of applications, for conducting a screen for Medicaid eligibility and for making FAMIS eligibility determinations for those children who do not appear to be eligible for Medicaid. The Central site receives applications from numerous sources. Families are able to apply by mail, by phone or by fax. Contract staff at the Central Processing Unit review documentation and input data from the single application form into an automated system that screens the data for potential Medicaid eligibility. If a child appears potentially eligible for Medicaid, the contract staff transfers the application to Medicaid State staff co-located at the Central Processing Unit. State Medicaid staff reviews the case for Medicaid and determines if the child or his family has an active case with a local department of social services (Medicaid, Food Stamps or TANF). If the child or family has an active case, the State Medicaid staff transfers the application to the local department of social services in the city or county where the child resides for a complete eligibility determination and enrollment in the Medicaid program. If the child or family does not have an active case with a local department of social services, State Medicaid staff complete the Medicaid eligibility determination and enroll eligible children in the Medicaid program. Approved cases are then transferred to the local department of social services in the city or county where the child resides for on-going case maintenance.
Local departments of social services accept applications by mail, by fax or in person. Eligibility staff at the local agencies process child health applications received for Medicaid eligibility and, if eligible, enroll the child or children in the Medicaid program. If the child is found ineligible for Medicaid because of excess income, local departments of social services then complete a FAMIS eligibility determination. Children eligible for FAMIS are enrolled in the FAMIS program and their cases are transferred to the FAMIS Central Processing Unit for ongoing case maintenance. The family is not required to file a new application.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-15
Effective Date: 07/01/05
15 Approval Date: _____________/06
FAMIS eligibility staff and eligibility workers at the local departments of social services evaluate applications for children determined not to be Medicaid eligible and having family income at or below 200% of the FPL and notify applicants of their eligibility. Children determined to be FAMIS-eligible have their cases maintained at the central site. Children determined to be Medicaid-eligible have their cases maintained at the local department of social services in their locality of residence. FAMIS cases are reviewed annually to determine continued eligibility. Effective 08-01-03, enrollment is for 12 continuous months, unless one of the following events occurs before the annual renewal: 1) an increase in gross monthly income to above 200% FPL; 2) a child moves out of state; 3) a child turns age 19; 4) the family requests cancellation; or 5) the family applies for Medicaid and the child is determined eligible for Medicaid. Families must report the following changes before annual renewal: 1) an increase in gross monthly income or change in family size that results in family income above 200% FPL; or 2) an enrolled child moves out of the Commonwealth of Virginia. Medicaid cases are reviewed in accordance with established Medicaid policy. At the time of redetermination and/or renewal, a child found ineligible for either Medicaid or FAMIS will have his eligibility automatically determined in the other program.
No Entitlement: In accordance with § 2102(b)(4) of the Social Security Act and § 32.1-353 of the Code of Virginia, the Family Access to Medical Insurance Security Plan shall not create any individual entitlement for payment of medical services or any right or entitlement to participation.
4.3.1 Describe the state’s policies governing enrollment caps and waiting lists (if any). (Section 2106(b)(7)) (42CFR 457.305(b))
⌧ Check here if this section does not apply to your state.
4.4. Describe the procedures that assure that:
4.4.1. Through the screening procedures used at intake and follow-up eligibility determination, including any periodic redetermination, that only targeted low- income children who are ineligible for Medicaid or not covered under a group health plan or health insurance coverage (including access to a state health benefits plan) are furnished child health assistance under the state child health plan. (Sections 2102(b)(3)(A) and 2110(b)(2)(B)) (42 CFR 457.310(b) (42CFR 457.350(a)(1)) 457.80(c)(3))
The child health insurance application asks for employer information and whether children currently have health insurance. Children with health coverage or those who have access to the State Employee Insurance Plan are ineligible for FAMIS.
As described in § 4.3 above, all applications for child health insurance coverage are
(compiled)(current-state-plan)(page-16)Page 16#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-16
Effective Date: 07/01/05
16 Approval Date: _____________/06 screened for completeness of information, the presence of other health insurance, verification of income, health coverage or access to the State Employee Health Insurance Plan, and Medicaid eligibility. If it appears that the child is Medicaid eligible, the case is referred for a Medicaid eligibility determination.
Applications received by the Central Processing site are screened for potential Medicaid eligibility first. If it appears that the child is Medicaid eligible, the case is referred for Medicaid eligibility determination. The State utilizes a screening process that consists of applying the Medicaid disregards to the gross family income and comparing the remainder to the Medicaid income limit for the family size. The single child health application collects all income and child care expense information needed to determine potential Medicaid eligibility. Individuals who are identified as potentially Medicaid eligible will not be enrolled in Title XXI without a full Medicaid determination and finding of ineligibility. Applications received at local departments of social services have full Medicaid eligibility determinations completed. If a child is determined ineligible for Medicaid, a FAMIS eligibility determination is then conducted.
At the time of a renewal of eligibility, the child’s insurance status and Medicaid eligibility is reviewed to ensure continued eligibility for enrollment in FAMIS.
4.4.2. The Medicaid application and enrollment process is initiated and facilitated for children found through the screening to be potentially eligible for medical assistance under the state Medicaid plan under Title XIX. (Section 2102)(b)(3)(B)) (42CFR 457.350(a)(2))
Child health applications received at the FAMIS Central Processing Unit are screened for Medicaid eligibility and, if found to be potentially eligible for Medicaid, are transferred directly by the FAMIS staff to Medicaid eligibility workers co-located at the FAMIS Central Processing Unit. In accordance with procedures described in §4.3 above, Medicaid workers, either at the Central Processing Unit, or at local departments of social services complete a Medicaid eligibility determination on all applications, those screened as potentially eligible for Medicaid by the FAMIS staff, as well as those received at local departments of social services directly from applicants.
The Commonwealth tracks applications that are referred by the Central Processing Unit for a Medicaid eligibility determination to monitor the accuracy of the Medicaid screening and the number of children enrolled in Medicaid through an application filed at the FAMIS Central Processing Unit.
4.4.3. The State is taking steps to assist in the enrollment in SCHIP of children determined ineligible for Medicaid. (Sections 2102(a)(1) and (2) and 2102(c)(2)) (42CFR
(compiled)(current-state-plan)(page-17)Page 17#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-17
Effective Date: 07/01/05
17 Approval Date: _____________/06 431.636(b)(4))
Applications filed on behalf of children determined to be ineligible for Medicaid by Medicaid eligibility staff co-located at the Central Processing Unit or by Medicaid staff at local departments of social services undergo a FAMIS eligibility determination. A single child health insurance application form and process facilitates this eligibility determination and enrollment of children in the appropriate program, either Medicaid or FAMIS.
4.4.4 The insurance provided under the state child health plan does not substitute for coverage under group health plans. Check the appropriate box. (Section 2102)(b)(3)(C)) (42CFR 457.805) (42 CFR 457.810(a)-(c))
4.4.4.1. ⌧ Coverage provided to children in families at or below 200% FPL: describe the methods of monitoring substitution.
Only uninsured children shall be eligible for FAMIS. The single child health application form requests information on health insurance coverage the child may have or had within the past four months. Each application and redetermination of eligibility documents inquiry about health insurance within the past 4 months. If the child has been covered under a health insurance plan within 4 months of application for or receipt of FAMIS services, the child will be ineligible, unless they are pregnant at the time of application or unless good cause for discontinuing the coverage is demonstrated.
Good Cause: A child shall not be ineligible for FAMIS if health insurance was discontinued within the four month period prior to the month of application if one of the following good cause exceptions is met:
1. The family member who carried insurance changed jobs or stopped employment, and no other family member’s employer contributes to the cost of family health insurance coverage. 2. The employer stopped contributing to the cost of family coverage and no other family member’s employer contributes to the cost of family health insurance coverage. 3. The child’s coverage was discontinued by an insurance company for reasons of uninsurability, e.g., the child has used up lifetime benefits or the child’s coverage
(compiled)(current-state-plan)(page-18)Page 18#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-18
Effective Date: 07/01/05
18 Approval Date: _____________/06 was discontinued for reasons unrelated to payment of premiums. 4. Insurance was discontinued by a family member who was paying the full cost of the insurance premium under the COBRA policy and no other family member contributes to the cost of family health insurance coverage. 5. Insurance on the child was discontinued by someone other than the child (if 18 years of age), or, if under age 18, the child’s parent, or step-parent, e.g., the insurance was discontinued by the child’s grandparent, aunt, uncle, godmother, etc. 6. Insurance on the child was discontinued because the cost of the premium exceeds 10% of the family’s gross monthly income or exceeded 10% of the family’s gross monthly income at the time the insurance was discontinued. 7. Other good cause reasons as may be established by the DMAS Director.
Staff at the central site reports information to DMAS, which will monitor the trends in health insurance coverage for children enrolling in FAMIS to determine the degree substitution is occurring. Assignment of rights to medical support is a condition of eligibility.
4.4.4.2. Coverage provided to children in families over 200% and up to 250% FPL: describe how substitution is monitored and identify specific strategies to limit substitution if levels become unacceptable.
4.4.4.3. Coverage provided to children in families above 250% FPL: describe how substitution is monitored and identify specific strategies in place to prevent substitution.
4.4.4.4 If the state provides coverage under a premium assistance program, describe:
The minimum period without coverage under a group health plan, including any allowable exceptions to the waiting period.
The minimum employer contribution.
(compiled)(current-state-plan)(page-19)Page 19#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-19
Effective Date: 07/01/05
19 Approval Date: _____________/06 The cost-effectiveness determination.
4.4.5 Child health assistance is provided to targeted low-income children in the state who are American Indian and Alaska Native. (Section 2102)(b)(3)(D)) (42 CFR 457.125(a))
American Indian and Alaska Native children are eligible for the Family Access to Medical Insurance Security Plan on the same basis as any other children in the Commonwealth. Virginia has no federally recognized Indian tribes; however, ongoing communication will occur with Indian tribes in Virginia to ensure that Indian families understand the program and can access the provider network to secure covered services.
No cost sharing is imposed on American Indian and Alaska Native children.
(compiled)(current-state-plan)(page-20)Page 20#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-20
Effective Date: 07/01/05
20 Approval Date: _____________/06 Section 5. Outreach (Section 2102(c))
Describe the procedures used by the state to accomplish:
Outreach to families of children likely to be eligible for child health assistance or other public or private health coverage to inform them of the availability of the programs, and to assist them in enrolling their children in such a program: (Section 2102(c)(1)) (42CFR 457.90)
Pursuant to § 32.1-351.2 of the Code of Virginia, DMAS has established an Outreach Oversight Committee composed of representatives from community-based organizations engaged in outreach activities, advocates, social services eligibility workers, the provider community, health plans, other state agencies, and consumers. The Committee meets quarterly to discuss strategies to improve outreach activities. The Committee makes recommendations regarding state-level outreach activities, coordination of regional and local outreach activities, and procedures for streamlining and simplifying the application process, brochures, other printed materials, forms, and applicant correspondence.
The Commonwealth is broadening its outreach focus to child health insurance, which includes FAMIS and Medicaid. With assistance and advice from the Outreach Oversight Committee, DMAS will create a comprehensive outreach plan that includes specific strategies for: (i) improving outreach and enrollment in those localities where enrollment is less than the statewide average, and (ii) enrolling eligible children in either the FAMIS or Medicaid programs.
Virginia works with community based organizations that have expertise in providing translation services to reach eligible families with limited English speaking abilities. All outreach material is available in both English and Spanish. DMAS will continue to provide these community-based organizations with the support and tools needed to reach these families.
DMAS coordinates a comprehensive marketing and outreach effort. The marketing and outreach efforts promote FAMIS and Medicaid and may include the following:
Public Relations Firm -- The agency contracts with a firm to assist with development of a statewide marketing plan. The plan is directed toward informing the target market, stimulating interest and promoting enrollment in the State’s FAMIS and Medicaid programs. The contractor also assists with the design, production, and distribution of multimedia materials for the marketing plan. The contractor and the agency engage in an ongoing evaluation of the marketing plan utilizing data from public responses, enrollment statistics, and other sources.
Coordination with Other State Agencies -- Assistance is sought from other agencies, including Virginia’s Department of Education, Department of Health, Department of Social Services, and State Employment Commission with referrals for potential new enrollees. These agencies are
(compiled)(current-state-plan)(page-21)Page 21#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-21
Effective Date: 07/01/05
21 Approval Date: _____________/06 supplied with enrollment information and outreach materials. Utilizing the same criteria as the School Lunch Program, school systems are a primary vehicle for sending information home to parents about the FAMIS program. In addition, State agencies are routinely educated and trained about the program and are provided with informational fact sheets and brochures.
Coordination with other Community Based Organizations -- The Commonwealth actively encourages participation of a wide range of organizations, including, but not limited to, those organizations that target high concentrations of uninsured children. DMAS has partnered with a network of Community Based Organizations (CBO) to promote and facilitate enrollment of children in the FAMIS and Medicaid programs. DMAS will continue to build coalitions and infrastructure at the state and local level that will provide awareness and application assistance in both FAMIS and Medicaid. DMAS continues to work closely with its contractor, the Virginia Health Care Foundation, in coordinating local outreach efforts through Project Connect and Robert Wood Johnson Grantees, and other Community-Based Organizations. Virginia works with community based organizations that have expertise in providing translation services to reach eligible families with limited English speaking abilities. All outreach materials are available in both English and Spanish. DMAS continues to provide these community-based organizations with the support and tools needed to reach these families
Coordination with the Business Community -- The Commonwealth is developing a statewide business outreach strategy. DMAS will contact Virginia businesses and business associations to request their cooperation in enrolling employees’ children, sponsorship opportunities, advertising partnerships, gifts and in-kind contributions in support of the State’s child health insurance programs. These groups will be provided with materials outlining the importance and benefits of the program so that they can make informed decisions on their ability and level of participation.
Coordination with the Health Care Associations and Providers -- The Commonwealth partners with health care associations and requests their cooperation in performing outreach for Virginia’s child health insurance programs. Outreach information is provided to health care associations and health care providers so that they can distribute FAMIS and Medicaid information to their members. The Outreach Oversight Committee helps identify and target providers.
Central Processing Unit – The Commonwealth, through a contractor, provides a call center with a toll-free helpline number to be located at the Central Processing Unit. The call center serves as a distribution point for applications, assists callers with completing applications, serves as a source for answering questions, and provides eligibility status. DMAS continues to coordinate outreach efforts in conjunction with the call center and works to develop better outreach evaluation methods. It is required that the contractor responsible for operating the call center provides translation services for non-English speaking callers. This requirement may be met through an arrangement with a contracted service such as AT&T Language Line Services, which provides interpretation services in 148 of the most commonly spoken languages around the world. Translation services are available during the call center hours of operation and must be accessible via a toll-free number. Callers requiring translation services are not required to hang up and call
(compiled)(current-state-plan)(page-22)Page 22#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-22
Effective Date: 07/01/05
22 Approval Date: _____________/06 another number. A translator is conferenced in the call providing a three-way conversation between the call center representative, the translator, and the caller if a bilingual operator is not available.
Robert Wood Johnson Foundation -- “It’s a New Day for Child Health Insurance in Virginia” is the theme of the Virginia Health Care Foundation grant proposal. The Commonwealth supported the Virginia Health Care Foundation as the Lead Agency for the Robert Wood Johnson Foundation, Covering Kids and Families Grant for FYs 2002-2005. The grant was awarded to the Virginia Health Care Foundation in July, 2002, and provides funding for three pilot programs to conduct innovative SCHIP outreach for four consecutive years. The three pilots represent a grassroots approach for statewide outreach. The goal of the three pilots is to enroll children into the CHIP program by identifying and overcoming enrollment barriers and developing effective community tailored outreach mechanisms. The three pilots are: United Way-Thomas Jefferson (Charlottesville, Albermarle, Fluvanna, Greene, and Louisa counties); CINCH (Norfolk, Portsmouth, Newport News, Hampton, Chesapeake, Suffolk, and Virginia Beach); and Radford University School of Social Work in conjunction with Partnership for Access to Health (Radford, Galax and counties of Carroll, Giles, Montgomery, Pulaski, and Wythe). Each pilot employs a multifaceted approach, collaborating with local hospitals, schools, churches, physicians’ offices, referrals from DSS offices, health districts, free clinics, school nurses/counselors, and local workforce development centers to identify uninsured children. In addition, the three pilots collaborate with state and local agencies, and other community-based organizations to reach eligible families in their respective areas. The Commonwealth does not receive in-kind contributions from the pilots. Any Title XXI funds provided to the pilots consist of the proportionate share of state and federal funds. No private entity funds are used to draw-down the Title XXI federal match through this program.
The Commonwealth has not received any gifts or in-kind contributions from the business community to support the Commonwealth’s Child Health Insurance Program. Any gifts, donations, or in-kind contributions that have been provided have been given directly to the outreach efforts (as described above) or have been provided directly to the grantees providing/supporting the outreach efforts. As stated above, none of these funds are used to draw- down the Title XXI federal match.
Virginia currently has no health insurance programs that involve a public-private partnership.
(compiled)(current-state-plan)(page-23)Page 23#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-23
Effective Date: 07/01/05
23 Approval Date: _____________/06 Section 6. Coverage Requirements for Children’s Health Insurance (Section 2103)
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the states Medicaid plan, and continue on to Section 7.
6.1. The state elects to provide the following forms of coverage to children: (Check all that apply.) (42CFR 457.410(a))
6.1.1. Benchmark coverage; (Section 2103(a)(1) and 42 CFR 457.420) 6.1.1.1. FEHBP-equivalent coverage; (Section 2103(b)(1)) (If checked, attach copy of the plan.) 6.1.1.2. State employee coverage; (Section 2103(b)(2)) (If checked, identify the plan and attach a copy of the benefits description.) 6.1.1.3. HMO with largest insured commercial enrollment (Section 2103(b)(3)) (If checked, identify the plan and attach a copy of the benefits description.)
6.1.2. Benchmark-equivalent coverage; (Section 2103(a)(2) and 42 CFR 457.430) Specify the coverage, including the amount, scope and duration of each service, as well as any exclusions or limitations. Please attach a signed actuarial report that meets the requirements specified in 42 CFR 457.431. See instructions.
6.1.3. Existing Comprehensive State-Based Coverage; (Section 2103(a)(3) and 42 CFR 457.440) [Only applicable to New York; Florida; Pennsylvania] Please attach a description of the benefits package, administration, date of enactment. If existing comprehensive state-based coverage is modified, please provide an actuarial opinion documenting that the actuarial value of the modification is greater than the value as of 8/5/97 or one of the benchmark plans. Describe the fiscal year 1996 state expenditures for existing comprehensive state-based coverage.
(compiled)(current-state-plan)(page-24)Page 24#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-24
Effective Date: 07/01/05
24 Approval Date: _____________/06
6.1.4. ⌧ Secretary-Approved Coverage. (Section 2103(a)(4)) (42 CFR 457.450) 6.1.4.1. Coverage the same as Medicaid State plan 6.1.4.2. Comprehensive coverage for children under a Medicaid Section 1115 demonstration project
6.1.4.3. Coverage that either includes the full EPSDT benefit or that the state has extended to the entire Medicaid population 6.1.4.4. ⌧ Coverage that includes benchmark coverage plus additional coverage 6.1.4.5. Coverage that is the same as defined by existing comprehensive state-based coverage 6.1.4.6. Coverage under a group health plan that is substantially equivalent to or greater than benchmark coverage through a benefit by benefit comparison (Please provide a sample of how the comparison will be done) 6.1.4.7. ⌧ Other (Describe)
A child will receive Secretary-approved coverage modeled after the state employee plan if the child lives in an area in which there is a contracted MCO to offer Secretary-approved coverage modeled after the state employee plan.
Secretary-approved coverage through a modified Title XIX look-alike (a fee-for- service component or the PCCM Program) is the delivery system provided in geographic areas not served by a contracted MCO until such time as a system to offer the Secretary-approved coverage modeled after the state employee plan is implemented.
Secretary-approved coverage modeled after the state employee plan provides coverage using the Key Advantage Plan. This plan is the PPO option for state employees that was offered statewide in June 2000. Several enhanced benefits are added to the plan. The services under the Key Advantage Member Handbook are briefly outlined in the checklist in § 6.2. The enhanced benefits that are provided in addition to the Key Advantage Plan are listed at the end of this checklist.
For children in families receiving the Secretary-Approved coverage through the
(compiled)(current-state-plan)(page-25)Page 25#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-25
Effective Date: 07/01/05
25 Approval Date: _____________/06 fee-for-service program or PCCM program, Virginia provides a Title XIX look- alike program with benefits that are essentially the same as the state’s Title XIX Plan.
6.2. The state elects to provide the following forms of coverage to children: (Check all that apply. If an item is checked, describe the coverage with respect to the amount, duration and scope of services covered, as well as any exclusions or limitations) (Section 2110(a)) (42CFR 457.490)
Secretary-approved coverage modeled after the state employee, Virginia’s Key Advantage State Employee Benefit Plan in effect in June 2000, is summarized in the checklist below (6.2.1 -- 6.2.28). The additional coverage provided is listed separately at the bottom of the checklist. NOTE: The FAMIS program has two separate health care services delivery systems, described immediately below and at 6.2.1.A – 6.2.28.A, below.
6.2.1. ⌧ Inpatient services (Section 2110(a)(1))
365 days per confinement; includes ancillary services.
6.2.2. ⌧ Outpatient services (Section 2110(a)(2))
Outpatient services include emergency services, surgical services, and professional provider services in a physician’s office or outpatient hospital department. Facility charge for outpatient department of a hospital or hospital emergency room, separate from physician or diagnostic services.
6.2.3. ⌧ Physician services (Section 2110(a)(3))
Physician services include services while admitted in the hospital, or in a physician’s office, or outpatient hospital department.
6.2.4. ⌧ Surgical services (Section 2110(a)(4))
Surgical services include services provided in §§ 6.2.1, 6.2.2, and 6.2.3.
6.2.5. ⌧ Clinic services (including health center services) and other ambulatory health care services. (Section 2110(a)(5))
Clinic services include services provided in §§ 6.2.2 and 6.2.3. 6.2.6. ⌧ Prescription drugs (Section 2110(a)(6))
Covered for outpatient prescription drugs. Mandatory generic program.
(compiled)(current-state-plan)(page-26)Page 26#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-26
Effective Date: 07/01/05
26 Approval Date: _____________/06 6.2.7. Over-the-counter medications (Section 2110(a)(7))
Optional - May be covered at the discretion of the health plan.
6.2.8. ⌧ Laboratory and radiological services (Section 2110(a)(8))
Outpatient diagnostic tests, X-rays, and laboratory services covered in a physician's office, hospital, independent and clinical reference lab.
6.2.9. ⌧ Prenatal care and prepregnancy family services and supplies (Section 2110(a)(9))
Maternity service including routine prenatal care is covered. Prepregnancy family services include coverage for prescription drugs and devices approved by the U.S. Food and Drug Administration for use as contraceptives. Contraceptive drugs and devices eligible for reimbursement are oral contraceptives, depo provera, cervical caps, diaphragms, intrauterine devices and Norplant.
6.2.10. ⌧ Inpatient mental health services, other than services described in 6.2.18., but including services furnished in a state-operated mental hospital and including residential or other 24-hour therapeutically planned structural services. (Section 2110(a)(10))
Inpatient acute mental health services other than those (a) services furnished in a state-operated mental hospital, (b) services furnished by IMDs, or (c) residential services or other 24-hour therapeutically planned structural services.
Includes 30 days total for inpatient hospital care and partial day services per benefit period.
6.2.11. ⌧ Outpatient mental health services, other than services described in 6.2.19, but including services furnished in a state-operated mental hospital and including community-based services (Section 2110(a)(11)
A. Outpatient mental health services, other than services furnished in a state- operated mental hospital.
B. Effective 08-01-2003, the following community mental health services are covered under this state plan and reimbursed directly by DMAS to providers:
1. Intensive in-home services to children and adolescents under age 19 shall be time-limited interventions provided typically but not solely in the
(compiled)(current-state-plan)(page-27)Page 27#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-27
Effective Date: 07/01/05
27 Approval Date: _____________/06 residence of a child who is at risk of being moved into an out-of-home placement or who is being transitioned to home from out-of-home placement due to a documented medical need of the child. These services provide crisis treatment; individual and family counseling; and communication skills (e.g., counseling to assist the child and his parents to understand and practice appropriate problem-solving, anger management, and interpersonal interaction, etc.); case management activities and coordination with other required services; and 24-hour emergency response. These services shall be limited annually to 26 weeks. Services must be directed toward the treatment of the eligible child and delivered primarily in the family's residence with the child present.
2 Therapeutic day treatment provides evaluation; medication; education and management; opportunities to learn and use daily living skills and to enhance social and interpersonal skills (e.g., problem-solving, anger management, community responsibility, increased impulse control, and appropriate peer relations, etc.); and individual, group and family psychotherapy. The service shall be provided two or more hours per day in order to provide therapeutic interventions. Services are limited annually to 780 units: one unit of service is defined as a minimum of two hours but less than three hours in a given day. Two units of service shall be defined as a minimum of three but less than five hours in a given day. Three units of service shall be defined as five or more hours of service in a given day.
3. Crisis Intervention - Crisis intervention shall provide immediate mental health care, available 24 hours a day, seven days per week, to assist individuals who are experiencing acute psychiatric dysfunction requiring immediate clinical attention. Crisis intervention activities, are limited annually to 720 units per year (a unit equals 15 minutes) and shall include assessing the crisis situation, providing short-term counseling designed to stabilize the individual, providing access to further immediate assessment and follow-up, and linking the individual and family with ongoing care to prevent future crises. Crisis intervention services may include office visits, home visits, preadmission screenings, telephone contacts, and other client- related activities for the prevention of institutionalization.
4. Case Management - Case management services for youth at risk of serious emotional disturbance and who meet the definition of Seriously Emotionally Disturbed. Case management services assist youth at risk of serious emotional disturbance and with a diagnosis of Serious Emotional Disturbance in accessing needed medical, psychiatric, social, educational, vocational, and other supports essential to meeting basic needs. Services to be provided include: Assessment and planning, linking the individual
(compiled)(current-state-plan)(page-28)Page 28#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-28
Effective Date: 07/01/05
28 Approval Date: _____________/06 directly to services and supports, assisting the individual directly for the purpose of locating, developing or obtaining needed service and resources, coordinating services and service planning, enhancing community integration, making collateral contacts, follow up and monitoring, and education and counseling.
6.2.12. ⌧ Durable medical equipment and other medically-related or remedial devices (such as prosthetic devices, implants, eyeglasses, hearing aids, dental devices, and adaptive devices). (Section 2110(a)(12)) Durable medical equipment, prosthetic devices, hearing aids, and eyeglasses are covered when medically necessary with certain limitations. 6.2.13. ⌧ Disposable medical supplies. (Section 2110(a)(13))
Medically necessary disposable medical supplies provided in an inpatient or outpatient setting are covered.
6.2.14. ⌧ Home and community-based health care services (See instructions) (Section 2110(a)(14))
Includes coverage of up to 90 visits per calendar year. Includes nursing and personal care services, home health aides, physical therapy, occupational therapy, and speech, hearing, and inhalation therapy.
6.2.15. ⌧ Nursing care services (See instructions) (Section 2110(a)(15))
Nurse practitioner services, nurse midwife services, and private duty nursing services are covered. Skilled nursing services provided for special education students are covered with limitations.
6.2.16. ⌧ Abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest (Section 2110(a)(16) Abortion only if necessary to save the life of the mother. 6.2.17. ⌧ Dental services (Section 2110(a)(17)) Coverage includes diagnostic, preventive, primary, prosthetic and complex restorative services. Coverage does not include routine bases under restorations.
Coverage shall include full-banded orthodontics and related services to correct abnormal and correctable malocclusion for enrollees. Post-treatment stabilization retainers and follow-up visits are included in the orthodontic
(compiled)(current-state-plan)(page-29)Page 29#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-29
Effective Date: 07/01/05
29 Approval Date: _____________/06 services. Effective 12/1/02, the benefit limits for orthodontic services increased to mirror Medicaid. 6.2.18. ⌧ Inpatient substance abuse treatment services and residential substance abuse treatment services (Section 2110(a)(18)) Other than (a) services furnished in a state-operated mental hospital, (b) services furnished in IMDs, or (c) residential services or other 24-hour therapeutically planned structural services. Inpatient rehabilitation in a substance abuse treatment facility up to 90 days, maximum lifetime benefit. 6.2.19. ⌧ Outpatient substance abuse treatment services (Section 2110(a)(19)) Outpatient substance abuse treatment services, other than services furnished in a state-operated mental hospital. Substance abuse services and psychiatric services are limited to no more than a combined total of 50 medically necessary visits for treatment with a licensed mental health or substance abuse professional each calendar year. 6.2.20. ⌧ Case management services (Section 2110(a)(20))
The State may elect to offer benefits for an approved, alternative treatment plan for a recipient who would otherwise require more expensive services. These services will be offered on a case-by-case-basis. 6.2.21. Care coordination services (Section 2110(a)(21))
6.2.22. ⌧ Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders (Section 2110(a)(22))
Medically necessary services used to treat or promote recovery from an illness or injury are covered with limitations.
6.2.23. ⌧ Hospice care (Section 2110(a)(23))
Hospice services include a program of a home and inpatient care provided directly under the direction of a licensed hospice. Hospice care programs include palliative and supportive physician, psychological, psychosocial, and other health services to individuals utilizing a medically directed interdisciplinary team. Hospice care services are available if the enrollee is diagnosed with a terminal illness with a life expectancy of six months or fewer.
6.2.24. ⌧ Any other medical, diagnostic, screening, preventive, restorative,
(compiled)(current-state-plan)(page-30)Page 30#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-30
Effective Date: 07/01/05
30 Approval Date: _____________/06 remedial, therapeutic, or rehabilitative services. (See instructions) (Section 2110(a)(24))
Coverage of chiropractic and vision services with benefit limitations. Effective 12/1/02, the vision co-payments levels for each FPL will decrease. Reimbursement levels for frames and trifocal lenses will increase.
6.2.25. ⌧ Premiums for private health care insurance coverage (Section 2110(a)(25))
Premiums for private health care insurance coverage will be covered as outlined in § 3.1.
6.2.26. ⌧ Medical transportation (Section 2110(a)(26))
Professional ambulance services under certain conditions are covered when used locally to or from a covered facility or provider’s office. Ambulance services if prearranged by the Primary Care Physician and authorized by the Company if, because of enrollee’s medical condition, the enrollee cannot ride safely in a car when going to the provider’s office or to the outpatient department of the hospital. Ambulance services will be covered if the enrollee’s condition suddenly becomes worse and must go to a local hospital’s emergency room.
For coverage of ambulance services, the following three conditions must be met: (a) The trip to the facility or office must be to the nearest one recognized by the health plan administrator as having services adequate to treat the condition; (b) The services received in that facility or provider's office are covered services; and (c) If the health plan administrator requests it, the attending provider must explain why transportation could not occur in a private car or by any other less expensive means. 6.2.27. Enabling services (such as transportation, translation, and outreach services (See instructions) (Section 2110(a)(27))
6.2.28. ⌧ Any other health care services or items specified by the Secretary and not included under this section (Section 2110(a)(28))
Enhanced Services Provided Beyond Secretary-approved coverage modeled after the state employee plan:
The services described above are the services included in the Key Advantage State Employee Benefit Package in effect in June 2000. FAMIS Secretary- approved coverage modeled after the state employee plan will include all of the
(compiled)(current-state-plan)(page-31)Page 31#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-31
Effective Date: 07/01/05
31 Approval Date: _____________/06 Key Advantage benefits plus the additional benefits listed below:
1. Well-child care from age 6 through 18 including visits, laboratory services as recommended by the American Academy of Pediatrics Advisory Committee, and any immunizations as recommended by the Advisory Committee on Immunization Practice (ACIP). (Well-child care from age birth through age 5 is covered under Key Advantage.)
2. Physical therapy, occupational therapy, speech language pathology, psychology/psychiatry services and skilled nursing services for special education students are covered under this state plan. The Department reimburses the school divisions directly for the services provided pursuant to the student’s Individualized Education Program (IEP) plan.
3. Blood lead testing.
(compiled)(current-state-plan)(page-32)Page 32#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-32
Effective Date: 07/01/05
32 Approval Date: _____________/06 Coverage offered for Secretary-approved coverage through the fee-for-service program and the PCCM program is summarized in the checklist below.
6.2.1.A ⌧ Inpatient services (Section 2110(a)(1))
A. Payment based upon DRG shall be made for medically necessary stays in acute general care facilities within the limits of coverage prescribed with the Title XIX State Plan and state regulations. B. Medically necessary inpatient psychiatric care rendered in a psychiatric unit of a general acute care hospital shall be covered for all children within the limits of coverage prescribed in the Title XIX State Plan and state regulations. C. Payment will not be made for inpatient hospitalization for those surgical and diagnostic procedures listed on the mandatory outpatient surgery list unless the inpatient stay is medically justified or meets one of the exceptions. D. For purposes of organ transplantation, all similarly situated individuals will be treated alike. Transplant services shall be limited to procedures that are not experimental. Transplants are covered when determined medically necessary and preauthorized. E. Coverage for a normal, uncomplicated vaginal delivery shall be limited to the day of delivery plus an additional two days unless additional days are medically justified. Coverage for cesarean births shall be limited to the day of delivery plus an additional four days unless additional days are medically justified. F. Coverage for a radical or modified radical mastectomy for treatment of disease or trauma of the breast shall be limited to 48 hours unless additional days are medically justified. Coverage for a total or partial mastectomy with lymph node dissection for treatment of disease or trauma of the breast shall be limited to 24 hours unless additional days are medically justified.
6.2.2.A ⌧ Outpatient services (Section 2110(a)(2)) A. Outpatient hospital means preventive, diagnostic, therapeutic, rehabilitative or palliative services that are furnished to outpatients, by or under the direction of a physician or dentist, except in the case of nurse mid-wife services.
(compiled)(current-state-plan)(page-33)Page 33#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-33
Effective Date: 07/01/05
33 Approval Date: _____________/06 B. Are furnished by an institution that is licensed or formally approved by the Virginia Department of Health and except in the case of medical supervision of nurse-midwife services, meets the requirements for participation in Medicare. C. Emergency hospital services provided without limitation. D. Coverage of outpatient observation beds. The following limits and requirements shall apply to DMAS coverage of outpatient observation beds. These services must be billed as outpatient care and may be provided for up to 23 hours. A patient stay of 24 hours or more shall require inpatient precertification and admission.
6.2.3.A ⌧ Physician services (Section 2110(a)(3))
A. Physician’s services whether furnished in the office, the patient’s home, a hospital, a skilled nursing facility or elsewhere. Elective surgery as defined by the Program is surgery that is not medically necessary to restore or materially improve a body function. Elective and cosmetic surgical procedures are not covered unless performed for physiological reasons and require prior approval by DMAS. B. Routine physicals and immunizations are not covered except when the services are provided under the EPSDT Program and when a well child examination is performed in a private physician’s office for a foster child of the local social services department on specific referral from those departments. B. Psychiatric services are limited to an initial availability of 26 sessions without prior authorization during the first year of treatment. An additional extension of up to 47 sessions during the first treatment year must be prior authorized by DMAS. The availability is further restricted to no more than 26 sessions each succeeding year when approved by DMAS. Psychiatric services are further restricted to no more than three sessions in any given seven-day period. Consistent with the Omnibus Budget Reconciliation Act of 1989 §6403, medically necessary psychiatric services shall be covered when prior authorized by DMAS for individuals younger than 19 year of age when the need for such services has been identified through an EPSDT screen. D. Physician visits to inpatient hospital patients are limited to medically necessary days of inpatient hospitalization. E. Psychological testing and psychotherapy by clinical psychologists licensed by the State Board of Medicine.
(compiled)(current-state-plan)(page-34)Page 34#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-34
Effective Date: 07/01/05
34 Approval Date: _____________/06 F. Reimbursement will not be provided for physician services performed in the inpatient setting for those surgical or diagnostic procedures listed on the mandatory outpatient surgery list unless the service is medically justified or meets one of the exceptions. G. For purposes of organ transplantation, all similarly situated individuals will be treated alike. Experimental or investigational procedures are not covered.
6.2.4.A ⌧ Surgical services (Section 2110(a)(4))
A. Medical surgical services - Medically necessary surgical services are covered. Elective surgery is defined as procedures not medically necessary to restore or materially improve a body function. Elective and cosmetic surgical procedures are not covered unless performed for physiological reasons and require preauthorization. B. See physician services above for organ transplantation. Breast reconstruction/prostheses following mastectomy and breast reduction may be covered if preauthorized following the medically necessary complete or partial removal of a breast for any medical reason. Breast reductions shall be covered, if prior authorized for all medically necessary indications. Such procedures shall be considered non-cosmetic. 6.2.5.A ⌧ Clinic services (including health center services) and other ambulatory health care services. (Section 2110(a)(5))
Clinic services means preventive, diagnostic, therapeutic, rehabilitative, or palliative items of services that are provided to outpatients by a facility that is not part of a hospital but is organized and operated to provide medical care to outpatients and are furnished by or under the direction of a physician or dentist.
6.2.6.A ⌧ Prescription drugs (Section 2110(a)(6)) A. Drugs for which Federal Financial Participation is not available pursuant to the requirements of §1927 of the Social Security Act shall not be covered. Legend drugs, with the exception of the drugs or classes of drugs provided for in Supplement 5 of the Medicaid State Plan are covered. Coverage of drugs used for weight loss requires prior authorization. Prescriptions for recipients for specific multiple source drugs shall be filled with generic drug products unless the physician or other practitioners so licensed and certified to prescribe drugs certifies “brand necessary”. The number of refills shall be limited pursuant to the Drug Control Act, Code of Virginia Title §54.1-3411.
(compiled)(current-state-plan)(page-35)Page 35#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-35
Effective Date: 07/01/05
35 Approval Date: _____________/06 B. Coverage includes home infusion therapy which is covered consistent with limits and requirements set out within home health services.
C. Effective June 1, 2004, pursuant to § 1927 of the Act and 42 CFR § 440.230, the Department shall require the prior authorization of legend drugs when both institutionalized and non-institutionalized FAMIS enrollees are prescribed high numbers of legend drugs. Over-the-counter drugs and legend drug refills shall not count as a unique prescription for the purposes of prior authorization as it relates to the threshold program.
Prior authorization shall be required for non-institutionalized FAMIS enrollees whose current volume of prescriptions meet the identified threshold limits as defined by the agency’s guidance documents for pharmacy utilization review, limitations, and the prior authorization program. All recipients subject to these prior authorization limits shall be given advance notice of such limits and shall be advised of their rights to appeal. Such appeals shall be considered and responded to pursuant to 12 VAC 30-110-10 et. seq.
Prior authorization shall be required for institutionalized FAMIS enrollees whose current volume of prescriptions meet the identified threshold limits as defined by the agency’s guidance documents for pharmacy utilization review, limitations, and prior authorization program. All recipients subject to these prior authorization limits shall be given advance notice of such limits and shall be advised of their rights to appeal. Such appeals shall be considered and responded to pursuant to 12 VAC 30-110-10 et. seq.
Prior authorization shall consist of prospective and retrospective drug therapy review by a licensed pharmacist to ensure that all predetermined clinically appropriate criteria, as established by the department, have been met before the prescription may be dispensed. Prior authorization shall be obtained through a call center staffed with appropriate clinicians, or through written or electronic communications (e.g., faxes, mail). Responses by telephone or other telecommunications device within 24 hours of a request for prior authorization shall be provided. The dispensing of 72-hour emergency supplies of the prescribed drug may be permitted and dispensing fees shall be paid to the pharmacy for such emergency supply.
Exclusion of protected institutions from pharmacy threshold prior authorization. For the purposes of threshold prior authorization, nursing facility residents do not include residents of the Commonwealth’s mental retardation training centers. For the purposes of threshold prior
(compiled)(current-state-plan)(page-36)Page 36#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-36
Effective Date: 07/01/05
36 Approval Date: _____________/06 authorization, non-institutionalized recipients do not include recipients of services at Hiram Davis Medical Center.
6.2.7.A ⌧ Over-the-counter medications (Section 2110(a)(7)) Non-legend drugs shall be covered for insulin, syringes and needles, and diabetic test strips and family planning supplies. Designated non-legend drugs which are prescribed by licensed prescribers to be used as less expensive therapeutic alternatives to covered legend drugs are also covered. Designated categories of non-legend drugs for recipients in nursing homes are covered.
6.2.8.A ⌧ Laboratory and radiological services (Section 2110(a)(8))
Services must be ordered or prescribed and directed or performed within the scope of a license of the practitioner of the healing arts.
Effective 08-01-03, prior authorization of the following specific high-cost non- emergency outpatient procedures is required: Magnetic Resonance Imaging (MRI), Computer Axial Tomography (CAT) Scans and Positron Emission Tomography (PET) Scans.
6.2.9.A ⌧ Prenatal care and prepregnancy family services and supplies (Section 2110(a)(9)) A. Family planning services and supplies for individuals of child-bearing age must be ordered or prescribed and directed or performed within the scope of the license of a practitioner of the healing arts. Family planning services shall be defined as those services which delay or prevent pregnancy. Such services shall not include services to treat infertility or services to promote fertility. B. Pregnancy-related and postpartum services shall be covered for any medical condition that may complicate pregnancy if otherwise covered under the Title XXI state plan. Enhanced prenatal care services include nutrition, patient education, homemaker services, blood glucose meters (including test strips). 6.2.10.A ⌧ Inpatient mental health services, other than services described in 6.2.18., but including services furnished in a state-operated mental hospital and including residential or other 24-hour therapeutically planned structural services (Section 2110(a)(10)) Inpatient mental health services will be offered in general acute care hospitals.
(compiled)(current-state-plan)(page-37)Page 37#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-37
Effective Date: 07/01/05
37 Approval Date: _____________/06 6.2.11.A ⌧ Outpatient mental health services, other than services described in 6.2.19, but including services furnished in a state-operated mental hospital and including community-based services (Section 2110(a)(11)
A. Psychiatric services are limited to an initial availability of 26 sessions without prior authorization during the first year of treatment. An additional extension of up to 47 sessions during the first treatment year must be prior authorized by DMAS. The availability is further restricted to no more than 26 sessions each succeeding year when approved by DMAS. Psychiatric services are further restricted to no more than three sessions in any given seven-day period. Consistent with the Omnibus Budget Reconciliation Act of 1989 §6403, medically necessary psychiatric services shall be covered when prior authorized by DMAS for individuals younger than 19 year of age when the need for such services has been identified through an EPSDT screen. B. Community Mental Health Services: 1. Intensive in-home services to children and adolescents under age 19 - Shall be time-limited interventions provided typically but not solely in the residence of a child who is at risk of being moved into an out-of-home placement or who is being transitioned to home from out-of-home placement due to a documented medical need of the child. These services provide crisis treatment; individual and family counseling; and communication skills (e.g., counseling to assist the child and his parents to understand and practice appropriate problem- solving, anger management, and interpersonal interaction, etc.); case management activities and coordination with other required services; and 24- hour emergency response. These services shall be limited annually to 26 weeks. Services must be directed toward the treatment of the eligible child and delivered primarily in the family's residence with the child present.
2 Therapeutic day treatment for children and adolescents - Provides evaluation; medication; education and management; opportunities to learn and use daily living skills and to enhance social and interpersonal skills (e.g., problem-solving, anger management, community responsibility, increased impulse control, and appropriate peer relations, etc.); and individual, group and family psychotherapy. The service shall be provided two or more hours per day in order to provide therapeutic interventions. Services are limited annually to 780 units: one unit of service is defined as a minimum of two hours but less than three hours in a given day. Two units of service shall be defined as a minimum of three but less than five hours in a given day. Three units of service shall be defined as five or more hours of service in a given day.
3. Day Treatment/Partial Hospitalization - Day treatment/partial
(compiled)(current-state-plan)(page-38)Page 38#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-38
Effective Date: 07/01/05
38 Approval Date: _____________/06 hospitalization services shall be provided in sessions of two or more consecutive hours per day, which may be scheduled multiple times per week, to groups of individuals in a nonresidential setting. These services, limited annually to 780 units, include the major diagnostic, medical, psychiatric, psychosocial and psychoeducational treatment modalities designed for individuals who require coordinated, intensive, comprehensive, and multidisciplinary treatment but who do not require inpatient treatment
4. Psychosocial Rehabilitation - Psychosocial rehabilitation shall be provided at least two or more hours per day to groups of individuals in a nonresidential setting. These services, limited annually to 936 units, include assessment, education to teach the patient about the diagnosed mental illness and appropriate medications to avoid complication and relapse, opportunities to learn and use independent living skills and to enhance social and interpersonal skills within a supportive and normalizing program structure and environment.
5. Crisis Intervention - Crisis intervention shall provide immediate mental health care, available 24 hours a day, seven days per week, to assist individuals who are experiencing acute psychiatric dysfunction requiring immediate clinical attention. Crisis intervention activities, are limited annually to 720 units per year (a unit equals 15 minutes) and shall include assessing the crisis situation, providing short-term counseling designed to stabilize the individual, providing access to further immediate assessment and follow-up, and linking the individual and family with ongoing care to prevent future crises. Crisis intervention services may include office visits, home visits, preadmission screenings, telephone contacts, and other client-related activities for the prevention of institutionalization.
6. Mental Health Crisis Stabilization - Crisis stabilization services for non- hospitalized individuals shall provide direct mental health care to individuals experiencing an acute psychiatric crisis which may jeopardize their current community living situation. The maximum limit on this service is up to eight hours (with a unit being one hour) per day up to 60 days annually.
7. Mental Health Support - Mental health support services shall be defined as training and supports to enable individuals to achieve and maintain community stability and independence in the most appropriate, least restrictive environment. These services may be authorized for six consecutive months. This program shall provides the following services: training in or reinforcement of functional skills and appropriate behavior related to the individual's health and safety, activities of daily living, and use of community resources; assistance with medication management; and monitoring health, nutrition, and physical
(compiled)(current-state-plan)(page-39)Page 39#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-39
Effective Date: 07/01/05
39 Approval Date: _____________/06 condition. The yearly limit for mental health support services is 372 units.
8. Intensive Community Treatment- Medical psychotherapy, psychiatric assessment, medication management, and case management activities offered to outpatients outside the clinic, hospital, or office setting for individuals who are best served in the community. The annual unit limit shall be 130 units.
9. Case Management - Case management services for youth at risk of serious emotional disturbance and who meet the definition of Seriously Emotionally Disturbed. Case management services assist youth at risk of serious emotional disturbance and with a diagnosis of Serious Emotional Disturbance in accessing needed medical, psychiatric, social, educational, vocational, and other supports essential to meeting basic needs. Services to be provided include: Assessment and planning, linking the individual directly to services and supports, assisting the individual directly for the purpose of locating, developing or obtaining needed service and resources, coordinating services and service planning, enhancing community integration, making collateral contacts, follow up and monitoring, and education and counseling. 6.2.12.A ⌧ Durable medical equipment and other medically-related or remedial devices (such as prosthetic devices, implants, eyeglasses, hearing aids, dental devices, and adaptive devices) (Section 2110(a)(12)) Prosthetic devices for the replacement of missing arms, legs and breasts and the provision of any internal (implant) body part shall be covered. Prosthetic devices (artificial arms and legs, and their necessary supportive attachments; implants and breasts) are provided when prescribed by a physician or other licensed practitioner of the healing arts within the scope of their professional license. This service when provided by an authorized vendor, must be medically necessary and preauthorized for the minimum applicable component necessary for the activities of daily living.
6.2.13.A ⌧ Disposable medical supplies (Section 2110(a)(13))
Medical supplies, equipment and appliances suitable for use in the home. All medically necessary medical supplies, equipment, and appliances are covered for recipients. Unusual amounts, types and duration of usage must be authorized by DMAS. When cost-effective, payment may be made for rental of the equipment in lieu of purchase. Prosthetics which are preauthorized shall be covered. Supplies, equipment that are not covered are: space conditioning equipment, equipment and supplies for any hospital or nursing facility resident, except for ventilators and associated supplies for nursing facility residents; furniture or
(compiled)(current-state-plan)(page-40)Page 40#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-40
Effective Date: 07/01/05
40 Approval Date: _____________/06 appliances not defined as medical equipment; items that are only for the recipient’s comfort and convenience.
6.2.14.A ⌧ Home and community-based health care services (See instructions) (Section 2110(a)(14)) A. Home Health Services: Intermittent or part-time nursing service provided by a home health agency or by a registered nurse when no home health agency exists in the area. Effective 08-01-2003, home health services are limited to five visits without prior authorization in each state fiscal year. Service extensions beyond the initial five visits must be prior-authorized. Limits are per recipient, regardless of the number of providers rendering services. If services beyond these limitations are determined by the physician to be required, then the provider shall request prior authorization from DMAS for additional services. B. Home Health Aide services provided by a home health agency. Home health aides must function under the supervision of a professional nurse. Home health aides must meet the federal certification requirements. Patient may receive up to 32 visits annually.
6.2.15.A ⌧ Nursing care services (See instructions) (Section 2110(a)(15))
Intermittent or part-time nursing service provided by a home health agency; Nurse mid-wife services allowed under licensure requirements of Virginia and federal law; skilled nursing services provided in schools to special education students.
Private duty nursing services are not covered.
6.2.16.A ⌧ Abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest (Section 2110(a)(16) Abortion only if necessary to save the life of the mother.
6.2.17.A ⌧ Dental services (Section 2110(a)(17)) A. Routine diagnostic, preventive or restorative procedures necessary for oral health provided by or under the direct supervision of a dentist in accordance with the State Dental Practice Act. B. Initial, periodic and emergency examinations; required radiography necessary to develop a treatment plan; patient education; dental prophylaxis;
(compiled)(current-state-plan)(page-41)Page 41#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-41
Effective Date: 07/01/05
41 Approval Date: _____________/06 fluoride treatments; routine amalgam and composite restorations; stainless steel crowns, prefabricated steel post, temporary (polycarbonate crowns) and stainless steel bands; crown recementation; pulp capping; sedative fillings; therapeutic apical closure; topical palliative treatment for dental pain; removal of foreign body; simple extractions; root recovery; incision and drainage of abscess; surgical exposure of the tooth to aid eruption; sequestrectomy for osteomyelitis; and oral antral fistula closure are dental services covered without preauthorization. C. All covered dental services not referenced above require preauthorization by DMAS. The following services are also covered through preauthorization: medically necessary full banded orthodontics, tooth guidance appliances, complete and partial dentures, surgical preparation (alveoloplasty for prosthetics, single permanent crowns and bridges. D. Routine bases under restorations and inhalation analgesia are not covered. E. Examinations prophylaxis, fluoride treatment (one each six months); space maintenance appliance; bitewing x-ray - two films each 12 months; routine amalgam and composite restorations once each three years; dentures once each five years; extractions, orthodontics, tooth guidance appliances, permanent crowns and bridges, endodontics, patient education and sealants - one time. F. Limited oral surgery procedures, as defined and covered by Medicare when preauthorized. G. Provided only as a result of EPSDT and subject to medical necessity and preauthorization requirements specified under Dental Services.
6.2.18.A ⌧ Inpatient substance abuse treatment services and residential substance abuse treatment services (Section 2110(a)(18)) Residential treatment for pregnant women. The treatment facility shall not be an institution for mental disease.
6.2.19.A ⌧ Outpatient substance abuse treatment services (Section 2110(a)(19)) Group and individual counseling. Limitation of up to 26 sessions annually. If medically necessary, additional sessions may be preauthorized. Services must be rendered by a certified or licensed provider. Day treatment for pregnant women.
(compiled)(current-state-plan)(page-42)Page 42#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-42
Effective Date: 07/01/05
42 Approval Date: _____________/06
6.2.20.A ⌧ Case management services (Section 2110(a)(20)) Targeted case management for high risk pregnant women and infants up to age 2; individuals with mental retardation; children with serious emotional disturbance and youth at risk for serious emotional disturbance; and children with behavioral disorder or emotional disturbances who are referred to treatment foster care by the Family Assessment and Planning Team of Comprehensive Services Act for Youth and Family.
6.2.21.A Care coordination services (Section 2110(a)(21))
May be a component of another service.
6.2.22.A ⌧ Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders (Section 2110(a)(22))
Effective 08-01-03, home health and outpatient rehabilitation services are limited to five visits for each rehabilitative therapy without prior authorization in each state fiscal year. Service extensions beyond the initial five visits must be prior- authorized. A. Under home health, physical therapy, occupational therapy, or speech pathology and audiology services provided by a home health agency or medical rehabilitation facility covered as ordered by a physician in consultation with a physical therapist who has been licensed by the Board of Medicine. Limits shall apply per recipient regardless of the number of providers rendering services. Annually shall be defined as July 1 through June 30 for each recipient. If the physician determines that additional services are needed, the provider shall request prior authorization. B. Physical therapy and related services:
1. Services for individuals requiring physical therapy are provided only as an element of hospital inpatient or outpatient services, nursing facility service, home health service, or when otherwise included as an authorized service by a cost provider who provides rehabilitation services.
2. The services shall be of a level of complexity and sophistication, or the condition of the patient shall be of a nature that the services can
(compiled)(current-state-plan)(page-43)Page 43#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-43
Effective Date: 07/01/05
43 Approval Date: _____________/06 only be performed by a physical therapist licensed by the Board of Medicine or a physical therapy assistant who is licensed by the Board of Medicine and under the supervision of a qualified physical therapist who makes an onsite supervisory visit at least once every 30 days. This visit shall not be reimbursable. C. Occupational therapy: Services for individuals requiring occupational therapy are provided only as an element of hospital inpatient or outpatient service, nursing facility service, home health service, or when otherwise included as an authorized service by a provider who provides rehabilitation services. Services shall meet all of the following conditions: services shall be directly and specifically related to an active written plan of care designed by a physician after consultation with an occupational therapist registered and certified by the American Occupational Therapy Certification Board; shall be of a level of complexity and sophistication, or the condition of the patient shall be of a nature that the services can only be performed by a qualified occupational therapist. The amount, frequency and duration of the services shall be reasonable. D. Services for individuals with speech, hearing and language disorders. Services must be provided by or under the supervision of a speech pathologist or an audiologist only as an element of hospital inpatient or outpatient service, nursing facility service, home health service, or when otherwise included as an authorized service by a cost provider who provides rehabilitative services. Services shall be directly and specifically related to an active written treatment plan designed by a physician after any needed consultation with a speech-language pathologist licensed by the Board of Speech/Language Pathology, or, if exempt from state licensure, meets the requirements in 42 CFR 405.1719(c). The services shall be of a level of complexity and sophistication or the patient’s condition be of a nature that the services can only be performed by or under the direction of a qualified speech- language pathologist. The amount, frequency and duration of the services shall be reasonable.
6.2.23.A ⌧ Hospice care (Section 2110(a)(23)) A. Defined as those services allowed under the provisions of Medicare law and regulations as they relate to hospice benefits and as specified in the Code of Federal Regulations, Title 42, Part 418. Hospice services shall entail the following four categories of daily care: 1. Routine home care (at-home care that is not continuous). 2. Continuous home care consists of at-home care that is
(compiled)(current-state-plan)(page-44)Page 44#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-44
Effective Date: 07/01/05
44 Approval Date: _____________/06 predominantly nursing care and is provided as short-term crisis care. A registered or licensed practical nurse must provide care for more than half of the period of the care. Home health aide or homemaker services may be provided in addition to nursing care. A minimum of 8 hours of care per day must be provided to qualify as continuous home care. 3. Inpatient respite care, which is short-term inpatient care, provided in an approved facility to relieve the primary caregiver. Respite care is limited to not more than five consecutive days. 4. General inpatient care may be provided in an approved freestanding hospice, hospital, or nursing facility. This care is usually for pain control or acute or chronic symptom management which cannot be successfully treated in another setting. B. The hospice must provide all or substantially all of the “core” services applicable for the terminal illness which are nursing care, social work and counseling. Other services are drugs and biologicals, home health aide and homemaker services, inpatient care, medical supplies, and occupational and physical therapies and speech-language pathology services. C. Other services available for the terminal illness that shall be available but are not considered “core” services are physician services, drugs and biologicals, home health aide and homemaker services, inpatient care, medical supplies, and occupational and physical therapies and speech-language/pathology services, and any other item or service which is specified under the plan and which is reasonable and necessary for the palliation and management of terminal illness and for which payment may otherwise be made under Title XIX. These other services may be arranged, such as by contractual agreement, or provided directly by the hospice. D. A certification that the person is terminally ill must have been completed by the physician and hospice services must be reasonable and necessary for the palliation or management of the terminal illness and related conditions. The individual must elect hospice care and the plan of care must be established before the services are provided.
6.2.24.A ⌧ Any other medical, diagnostic, screening, preventive, restorative, remedial, therapeutic, or rehabilitative services. (See instructions) (Section 2110(a)(24)) A. Intensive physical rehabilitation in facilities certified as rehabilitative hospitals or rehabilitation hospitals which meet the requirements to be excluded from the Medicare PPS system and in CORFs. An intensive physical rehabilitation program provides intensive skilled rehabilitation, nursing, physical therapy, occupational therapy, and speech therapy, cognitive rehabilitation,
(compiled)(current-state-plan)(page-45)Page 45#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-45
Effective Date: 07/01/05
45 Approval Date: _____________/06 prosthetic-orthotic services, psychology, social work, and therapeutic recreation.
B. Optometrist: Diagnostic examination and optometric treatment procedures and services by ophthalmologists, optometrists, and opticians, as allowed by the Code of VA and by regulations of the Boards of Medicine and of Optometry, are covered. Routine refractions are limited to once in 24 months except as may be authorized by DMAS. C. Podiatrists: Covered podiatry services are defined as reasonable and necessary diagnostic, medical, or surgical treatment of disease, injury, or defects of the human foot. These services must be within the scope of the license of the podiatrists’ profession and defined by State law. The following services are not covered: preventive health care, including routine foot care: treatment of structural misalignment not requiring surgery; cutting or removal of corns, warts, or calluses; experimental procedures; acupuncture. D. Nursing facility services in a Medicaid certified facility (other than in an IMD). E. Nurse-midwife services- defined as those services allowed under the licensure requirements of the state statute and as specified in the Social Security Act. F. Disease Management Program with benefits that are essentially the same as the state’s Title XIX Plan.
6.2.25.A ⌧ Premiums for private health care insurance coverage (Section 2110(a)(25))
6.2.26.A ⌧ Medical transportation (Section 2110(a)(26)) Transportation services are provided to ensure that recipients have necessary access to and from providers of all covered medical services. Transportation to both emergency and nonemergency services are covered. 6.2.27.A Enabling services (such as transportation, translation, and outreach services (See instructions) (Section 2110(a)(27))
6.2.28.A ⌧ Any other health care services or items specified by the Secretary and not included under this section (Section 2110(a)(28))
(compiled)(current-state-plan)(page-46)Page 46#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-46
Effective Date: 07/01/05
46 Approval Date: _____________/06
A. Early and Periodic Screening, Diagnosis, and Treatment (EPSDT). Consistent with the Omnibus Budget Reconciliation Act of 1989 §6403, Early and Periodic Screening, Diagnostic, and Treatment services means the following services: screening services, vision services, dental services, hearing services, and such other necessary health care, diagnostic services, treatment, and other measures described in Social Security Act §1905(a) to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services and which are medically necessary, whether or not such services are covered under the Virginia Title XIX State Plan subject to the requirements and limits of Title XXI.
B. Physical therapy, occupational therapy, speech language pathology, skilled nursing services, and psychology/psychiatry services for special education students. The Department reimburses the school divisions directly for these services.
6.3 The state assures that, with respect to pre-existing medical conditions, one of the following two statements applies to its plan: (42CFR 457.480)
6.3.1. ⌧ The state shall not permit the imposition of any pre-existing medical condition exclusion for covered services (Section 2102(b)(1)(B)(ii)); OR
6.3.2. The state contracts with a group health plan or group health insurance coverage, or contracts with a group health plan to provide family coverage under a waiver (see Section 6.4.2. of the template). Pre-existing medical conditions are permitted to the extent allowed by HIPAA/ERISA (Section 2103(f)). Please describe: Previously 8.6
(compiled)(current-state-plan)(page-47)Page 47#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-47
Effective Date: 07/01/05
47 Approval Date: _____________/06 6.4 Additional Purchase Options. If the state wishes to provide services under the plan through cost effective alternatives or the purchase of family coverage, it must request the appropriate option. To be approved, the state must address the following: (Section 2105(c)(2) and(3)) (42 CFR 457.1005 and 457.1010)
6.4.1. Cost Effective Coverage. Payment may be made to a state in excess of the 10% limitation on use of funds for payments for: 1) other child health assistance for targeted low-income children; 2) expenditures for health services initiatives under the plan for improving the health of children (including targeted low-income children and other low-income children); 3) expenditures for outreach activities as provided in section 2102(c)(1) under the plan; and 4) other reasonable costs incurred by the state to administer the plan, if it demonstrates the following (42CFR 457.1005(a)):
6.4.1.1. Coverage provided to targeted low-income children through such expenditures must meet the coverage requirements above. Describe the coverage provided by the alternative delivery system. The state may cross reference section 6.2.1 - 6.2.28. (Section 2105(c)(2)(B)(i)) (42CFR 457.1005(b))
6.4.1.2. The cost of such coverage must not be greater, on an average per child basis, than the cost of coverage that would otherwise be provided for the coverage described above. Describe the cost of such coverage on an average per child basis. (Section 2105(c)(2)(B)(ii)) (42CFR 457.1005(b))
6.4.1.3. The coverage must be provided through the use of a community-based health delivery system, such as through contracts with health centers receiving funds under section 330 of the Public Health Service Act or with hospitals such as those that receive disproportionate share payment adjustments under section 1886(c)(5)(F) or 1923 of the Social Security Act. Describe the community based delivery system. (Section 2105(c)(2)(B)(iii)) (42CFR 457.1005(a))
6.4.2. Purchase of Family Coverage. Describe the plan to purchase family coverage. Payment may be made to a state for the purpose of family coverage under a group health plan or health insurance coverage that includes coverage of targeted low- income children, if it demonstrates the following: (Section 2105(c)(3)) (42CFR 457.1010)
(compiled)(current-state-plan)(page-48)Page 48#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-48
Effective Date: 07/01/05
48 Approval Date: _____________/06
The families of targeted low-income children who have access to health insurance through their employer may be eligible for premium assistance for the purchase of their employer-sponsored health insurance if certain conditions are met. However, the goal of the FAMIS Plan is to provide coverage for eligible children under their parents' employer-sponsored plan. Any coverage of individuals not eligible for FAMIS is incidental.
6.4.2.1. Purchase of family coverage is cost-effective relative to the amounts that the state would have paid to obtain comparable coverage only of the targeted low-income children involved; and (Describe the associated costs for purchasing the family coverage relative to the coverage for the low income children.) (Section 2105(c)(3)(A)) (42CFR 457.1010(a))
6.4.2.2. The state assures that the family coverage would not otherwise substitute for health insurance coverage that would be provided to such children but for the purchase of family coverage. (Section 2105(c)(3)(B)) (42CFR 457.1010(b))
6.4.2.3. The state assures that the coverage for the family otherwise meets title XXI requirements. (42CFR 457.1010(c))
(compiled)(current-state-plan)(page-49)Page 49#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 7-49
Effective Date: 07/01/05
49 Approval Date: _____________/06 Section 7. Quality and Appropriateness of Care
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 8.
7.1. Describe the methods (including external and internal monitoring) used to assure the quality and appropriateness of care, particularly with respect to well-baby care, well-child care, and immunizations provided under the plan. (2102(a)(7)(A)) (42CFR 457.495(a))
The Commonwealth will use numerous methods to assure that FAMIS recipients receive quality services that are appropriate to their needs. These methods may include the following:
• Verification that the health insurers develop and maintain quality assurance and quality improvement programs. • Verification that health insurers have sufficient network providers and procedures to ensure that children have access to routine, urgent, and emergency services. • Verification that health insurers maintain a member complaint system and provide access to a grievance process to appeal a plan action.
Will the state utilize any of the following tools to assure quality? (Check all that apply and describe the activities for any categories utilized.)
7.1.1. ⌧ Quality standards
Health insurers are required to follow standards established by the Commonwealth in the development and maintenance of their quality improvement programs.
7.1.2. ⌧ Performance measurement
A. Submission of a quality improvement plan.
B. Adherence to NCQA, JCAHO, or other nationally recognized accrediting organization.
C. Results of HEDIS or other.
D. CAHPS Survey.
E. Clinical focus studies.
(compiled)(current-state-plan)(page-50)Page 50#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 7-50
Effective Date: 07/01/05
50 Approval Date: _____________/06
7.1.3. ⌧ Information strategies
Each managed care organization will establish a system to monitor compliance with access standards set forth by DMAS and a data management system to meet DMAS data collection requirements. DMAS annually requires managed care organization to report the percentage of children who received all expected well- child care visits according to the benefits schedule, during the period that each child was enrolled and the percent of two-year old children who have received each immunization specified in the most current ACIP recommendations.
7.1.4. ⌧ Quality improvement strategies
Health insurers may perform the following:
A. Documentation of current MCHIP quality certification or documentation of a comparable accreditation
B. Develop and maintain a Quality Improvement Program (QIP) which meets standards and reporting requirements set out by the Commonwealth.
C. Cooperate and show compliance with the DMAS Quality Improvement Program, which may require calculation and reporting of performance measures and the implementation of performance improvement projects as well as cooperate with DMAS or a designated agent in conducting quality reviews. Managed care organizations are required to have a written utilization management (UM) program that reflects the National Committee for Quality Assurance standards to include mechanisms to detect under-utilization and/or over-utilization of care. Managed care organizations must show implementation of an approved system to monitor and address complaints and grievances.
7.2. Describe the methods used, including monitoring, to assure: (2102(a)(7)(B)) (42CFR 457.495)
7.2.1 Access to well-baby care, well-child care, well-adolescent care and childhood and adolescent immunizations. (Section 2102(a)(7)) (42CFR 457.495(a))
Each MCO and PCCM provider will meet the requirements by the contract with DMAS to ensure access to well baby care, well adolescent care, and childhood immunizations. By contract MCOs and PCCM providers are responsible for arranging and administering
(compiled)(current-state-plan)(page-51)Page 51#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 7-51
Effective Date: 07/01/05
51 Approval Date: _____________/06 covered services to enrollees and ensuring that the delivery system provides available, accessible and adequate numbers of facilities, locations and personnel for the provision of covered services. The MCO and PCCM provider provides or otherwise arranges care by providers specializing in early childhood youth services. MCOs and PCCM providers provide services as established by recognized clinically approved guidelines for standards of care. MCOs and PCCM providers ensure that immunizations are rendered in accordance with the most current Advisory Committee on Immunization Practices (ACIP) or the American Academy of Pediatrics Advisory Committee recommendations.
7.2.2 Access to covered services, including emergency services as defined in 42 CFR 457.10. (Section 2102(a)(7)) 42CFR 457.495(b))
Health insurers are required to demonstrate their ability to monitor network capacity throughout their service area for routine, urgent, and emergency care. The Commonwealth establishes standards and reporting requirements for access to routine, urgent, and emergency care. The health plans are solely responsible for arranging for and administering covered services to enrollees and ensuring that its delivery system provides available, accessible and adequate numbers of facilities, locations and personnel for the provision of covered services. The health plan must include in its network or otherwise arrange care by providers specializing in early childhood, youth services.
7.2.3 Appropriate and timely procedures to monitor and treat enrollees with chronic, complex, or serious medical conditions, including access to an adequate number of visits to specialists experienced in treating the specific medical condition and access to out-of-network providers when the network is not adequate for the enrollee’s medical condition. (Section 2102(a)(7)) (42CFR 457.495(c))
The State’s Disease Management program monitors and promotes appropriate and timely treatment for enrollees with chronic, complex or serious medical conditions.
The State monitors complaints pertaining to access to care received by DMAS, the Central Processing Unit, the MCOs or the PCCM providers with regard to access to care.
Children with special health care needs are not considered a separate population or as a special population under the FAMIS State Plan. MCOs and PCCM providers provide access to all covered services, including specialty service to any child regardless of the medical condition
Each provider must arrange to provide care according to established appointment standards and meet requirements determined by the contract for the monitoring and reporting access to services, timeliness of services, appropriateness of services for all enrollees including those with chronic, complex or serious medical conditions. The
(compiled)(current-state-plan)(page-52)Page 52#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 7-52
Effective Date: 07/01/05
52 Approval Date: _____________/06 MCO or PCCM provider is responsible for the provision of services regardless if a medical condition and/or diagnosis was present prior to being assigned the enrollee, thus the MCO or PCCM provider will manage all pre-existing conditions. The health plans provide access to all covered services, including specialty services, to any child regardless of medical condition. MCOs cover and pay for services furnished in facilities or by practitioners outside the plan’s network if the needed medical services or necessary supplementary resources are not available in the plan’s network.
MCOs and PCCM providers are not permitted to refuse an assignment or disenroll a patient or otherwise discriminate against a patient based on physical or mental handicap or type of illness or condition.
7.2.4 Decisions related to the prior authorization of health services are completed in accordance with state law or, in accordance with the medical needs of the patient, within 14 days after the receipt of a request for services. (Section 2102(a)(7)) (42CFR 457.495(d))
Prior authorization of health decisions will be made in accordance with State law consistent with the standards set by the regulations governing managed care health insurance plans.
(compiled)(current-state-plan)(page-53)Page 53#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-53
Effective Date: 07/01/05
53 Approval Date: _____________/06 Section 8. Cost Sharing and Payment (Section 2103(e))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 9.
8.1. Is cost-sharing imposed on any of the children covered under the plan? (42CFR 457.505)
8.1.1. ⌧ YES 8.1.2. NO, skip to question 8.8.
(compiled)(current-state-plan)(page-54)Page 54#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-54
Effective Date: 07/01/05
54 Approval Date: _____________/06 8.2. Describe the amount of cost-sharing, any sliding scale based on income, the group or groups of enrollees that may be subject to the charge and the service for which the charge is imposed or time period for the charge, as appropriate. (Section 2103(e)(1)(A)) (42CFR 457.505(a), 457.510(b) &(c), 457.515(a)&(c))
No cost-sharing will be charged to American Indians and Alaska Natives.
8.2.1. Premiums:
None.
8.2.2. Deductibles:
None.
8.2.3. Coinsurance or copayments:
Co-payments shall not be imposed on any of the children covered under the Secretary- approved coverage offered through the fee-for service program and the PCCM program. No co-payments are required for well-baby and well-child and other preventive services, and families for Secretary-approved coverage modeled after the state employee plan.
Income levels are provided as a percentage of Federal Poverty Level ("FPL") based on gross income. The FPL reflects changes made effective February 13, 2004.
Copayments for Secretary-approved coverage modeled after the state employee plan are:
Description of Service ≤ 150% FPL > 150% FPL Outpatient $2 per visit $5 per visit Prescription Drugs $2 per prescription $5 per prescription Inpatient $15 per admission $25 per admission Non-Emergency use of Emergency Room $10 per visit $25 per visit
Poverty Levels ≤ 150% FPL > 150% FPL Maximum Yearly Co- Payment Limit Per Family
$180
$350
Total cost-sharing for each year (or 12-month eligibility period) is limited to: (1) for a
(compiled)(current-state-plan)(page-55)Page 55#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-55
Effective Date: 07/01/05
55 Approval Date: _____________/06 family with an annual income equal to or less than 150% of the FPL, the lesser of (a) 2.5% of a family’s income, and (b) $180.00; and (2) for a family with an annual income greater than 150% of the FPL, the lesser of (a) 5% of a family’s income, and (b) $350.00.
The co-payment and coinsurance maximums are set at thresholds that are well below the maximum allowable per CMS for families with annual incomes equal to or below 150% of FPL and for those with annual incomes above 150%. The maximum yearly co- payment limit for families in FAMIS with annual incomes at or below 150% FPL is $180.00 per year. Families enrolled in FAMIS and receiving benefits through FAMIS contracted health plans are advised of the amount of maximum allowable cost-sharing that they may be responsible for during the year. Families are required to submit documentation to DMAS or its contractor, showing that the co-payment cap is met for the year. Once the cap is met, DMAS or its contractor will issue a new card excluding families from paying additional co-pays.
Enrollees are not held liable for any additional costs, beyond the standard co-payment amount for emergency services furnished outside of the individual’s managed care network. Only one co-payment charge is imposed for a single office visit.
The proposed cost sharing caps to be applied toward copayments and/or coinsurance ($180 and $350) were included in the Plan document.
No cost-sharing will be charged to American Indians and Alaska Natives.
8.2.4. Other
8.3. Describe how the public will be notified, including the public schedule, of this cost- sharing (including the cumulative maximum) and changes to these amounts and any differences based on income. (Section 2103(e)((1)(B)) (42CFR 457.505(b))
The public is notified of FAMIS’ cost-sharing requirements, including differences based on income and plans, in the outreach and enrollment materials.
• Web site; • Handbook; • The public also has the opportunity to become involved during the regulatory process. Implementing regulations must go through a mandatory 60-day comment period consistent with the Code of Virginia; • Outreach Oversight Committee; • Managed care organization member handbooks; and • Outreach grantees.
(compiled)(current-state-plan)(page-56)Page 56#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-56
Effective Date: 07/01/05
56 Approval Date: _____________/06 No cost-sharing is charged to American Indians and Alaska Natives. The application form requests racial information on each child for whom application for child health insurance is made. No cost-sharing is imposed on those children who are reported to be Native American or Alaska Native. The applicant’s statement on the application form is sufficient to exempt the child from any cost-sharing obligations. The FAMIS automated eligibility determination system codes the case records for children listed on the application form as Alaska Natives or American Indians and the automated record will exempt such children from any cost-sharing obligations.
FAMIS accommodates the federal requirement that Native American families are exempt from any cost-sharing provisions under CHIP. The FAMIS application inquires as to a child’s race. If a family declares that a child is a Native American or Alaska Native, the family will be exempt from cost-sharing obligations.
Virginia has no federally recognized Indian tribes; however, ongoing communication will occur with Indian tribes in Virginia to ensure that Indian families understand the program and can access the provider network to secure covered services.
Effective April 15, 2002, Virginia temporarily suspended premiums until further notice. FAMIS families were notified by letter, informing them of the suspension of premiums and copies of such letters were posted on the DMAS web site. Effective September 1, 2002, the FAMIS program no longer charged premiums.
(compiled)(current-state-plan)(page-57)Page 57#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-57
Effective Date: 07/01/05
57 Approval Date: _____________/06 8.4. The state assures that it has made the following findings with respect to the cost sharing in its plan: (Section 2103(e))
8.4.1. ⌧ Cost-sharing does not favor children from higher income families over lower income families. (Section 2103(e)(1)(B)) (42CFR 457.530) 8.4.2. ⌧ No cost-sharing applies to well-baby and well-child care, including age-appropriate immunizations. (Section 2103(e)(2)) (42CFR 457.520) 8.4.3 ⌧ No additional cost-sharing applies to the costs of emergency medical services delivered outside the network. (Section 2103(e)(1)(A)) (42CFR 457.515(f))
8.5. Describe how the state will ensure that the annual aggregate cost-sharing for a family does not exceed 5 percent of such family’s income for the length of the child’s eligibility period in the State. Include a description of the procedures that do not primarily rely on a refund given by the state for overpayment by an enrollee: (Section 2103(e)(3)(B)) (42CFR 457.560(b) and 457.505(e))
Virginia has structured the cost sharing levels to make it highly unlikely that any family will exceed the allowable cost sharing levels.
Virginia ensures that the annual aggregate cost sharing for all FAMIS enrollees in a family does not exceed 5% of a family’s income as required by § 2103(e)(3)(b) of Title XXI. Co-payments are capped at levels that are extremely unlikely to exceed the upper limit. The tables below demonstrate that the maximum cost sharing for families under the Secretary-approved coverage modeled after the state employee plan falls within the required caps: For families with income equal to or below 150% of FPL, cost-sharing is capped at slightly less than 2.5% of income for a family of one at 100% of FPL. For families with income above 150% of FPL, cost-sharing is capped at slightly less than 5% of income for a family of one at 150% of FPL. (As mentioned earlier, families under the Secretary-approved coverage offered through the fee-for-service program are not subject to any cost-sharing.)
Table 1: Aggregate Cost Sharing for Families under Secretary-approved coverage modeled after the state employee plan Poverty Levels *100% 135% 150% 175% 200% Maximum Yearly Co-Payments Limit N/A $180 $350 $350 $350
Total Cost Sharing by Enrollees N/A $180 $350 $350 $350 FPL for family of one
$9,310
$12,569
$13,965
$16,293
$18,620
(compiled)(current-state-plan)(page-58)Page 58#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-58
Effective Date: 07/01/05
58 Approval Date: _____________/06 Poverty Levels *100% 135% 150% 175% 200%
2.5% ≤ 150% of FPL 5% > 150% at FPL
$ $233
$314
$698
$815
$931
*Used for comparative purposes only.
* Figures in this column are for illustration purposes and are rounded.
Families are required to submit documentation to DMAS or its contractor, showing that the co- payment is met for the year. Once the cap is met, the managed care organization will issue a new card excluding families from paying additional co-pays.
Finally, Title XXI requires that cost-sharing for families with incomes below 150 percent of FPL not exceed an amount that is “nominal” under Medicaid law, with appropriate adjustment for inflation or other reasons as the Secretary determines to be reasonable. The maximum co- payments for a service costing over $50 is $3 under Medicaid law and was established in 1978. Virginia’s co-payment for families under 150% of FPL is $2, which is well below the $3 federal cap.
8.6 Describe the procedures the state will use to ensure American Indian (as defined by the Indian Health Care Improvement Act of 1976) and Alaska Native children will be excluded from cost-sharing. (Section 2103(b)(3)(D)) (42CFR 457.535)
No cost-sharing will be charged to American Indians and Alaska Natives. The application form requests racial information on each child for whom application for child health insurance is made. No cost-sharing is imposed on those children who are reported to be Native American or Alaska Native. The applicant’s statement on the application form is sufficient to exempt the child from any cost-sharing obligations. The FAMIS automated eligibility determination system codes the case records for children listed on the application form as Alaska Natives or American Indians and the automated record will exempt such children from any cost-sharing obligations.
Virginia has no federally recognized Indian tribes; however, ongoing communication will occur with Indian tribes in Virginia to ensure that Indian families understand the program and can access the provider network to secure covered services.
8.7 Please provide a description of the consequences for an enrollee or applicant who does not pay a charge. (42CFR 457.570 and 457.505(c))
Not applicable.
(compiled)(current-state-plan)(page-59)Page 59#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-59
Effective Date: 07/01/05
59 Approval Date: _____________/06 8.7.1 Please provide an assurance that the following disenrollment protections are being applied:
⌧ State has established a process that gives enrollees reasonable notice of and an opportunity to pay past due premiums, copayments, coinsurance, deductibles or similar fees prior to disenrollment. (42CFR 457.570(a)) ⌧ The disenrollment process affords the enrollee an opportunity to show that the enrollee’s family income has declined prior to disenrollment for non payment of cost-sharing charges. (42CFR 457.570(b)) ⌧ In the instance mentioned above, that the state will facilitate enrolling the child in Medicaid or adjust the child’s cost-sharing category as appropriate. (42CFR 457.570(b)) ⌧ The state provides the enrollee with an opportunity for an impartial review to address disenrollment from the program. (42CFR 457.570(c))
8.8 The state assures that it has made the following findings with respect to the payment aspects of its plan: (Section 2103(e))
8.8.1. ⌧ No Federal funds will be used toward state matching requirements. (Section 2105(c)(4)) (42CFR 457.220)
8.8.2. ⌧ No cost-sharing (including premiums, deductibles, copays, coinsurance and all other types) will be used toward state matching requirements. (Section 2105(c)(5) (42CFR 457.224) (Previously 8.4.5)
8.8.3. ⌧ No funds under this title will be used for coverage if a private insurer would have been obligated to provide such assistance except for a provision limiting this obligation because the child is eligible under this title. (Section 2105(c)(6)(A)) (42CFR 457.626(a)(1))
8.8.4. ⌧ Income and resource standards and methodologies for determining Medicaid eligibility are not more restrictive than those applied as of June 1, 1997. (Section 2105(d)(1)) (42CFR 457.622(b)(5))
8.8.5. ⌧ No funds provided under this title or coverage funded by this title will include coverage of abortion except if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. (Section 2105)(c)(7)(B)) (42CFR 457.475)
(compiled)(current-state-plan)(page-60)Page 60#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-60
Effective Date: 07/01/05
60 Approval Date: _____________/06
8.8.6. ⌧ No funds provided under this title will be used to pay for any abortion or to assist in the purchase, in whole or in part, for coverage that includes abortion (except as described above). (Section 2105)(c)(7)(A)) (42CFR 457.475)
(compiled)(current-state-plan)(page-61)Page 61#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-61
Effective Date: 07/01/05
61 Approval Date: _____________/06 Section 9. Strategic Objectives and Performance Goals and Plan Administration (Section 2107)
9.1. Describe strategic objectives for increasing the extent of creditable health coverage among targeted low-income children and other low-income children: (Section 2107(a)(2)) (42CFR 457.710(b))
Objective One: To reduce the number of uninsured children
Objective Two: To improve the health care status of children
Objective Three: To conduct effective outreach to encourage enrollment in health insurance plans.
9.2. Specify one or more performance goals for each strategic objective identified: (Section 2107(a)(3)) (42CFR 457.710(c))
See § 9.3.
9.3. Describe how performance under the plan will be measured through objective, independently verifiable means and compared against performance goals in order to determine the state’s performance, taking into account suggested performance indicators as specified below or other indicators the state develops: (Section 2107(a)(4)(A),(B)) (42CFR 457.710(d))
Strategic Objective One “To Reduce the Number of Uninsured Children.” The first Goal is to “Increase the number of Medicaid eligible children enrolled in Medicaid.” DMAS expects an increase in Medicaid enrollment as a result of FAMIS outreach activities. The Central Processing Unit and the State Department of Social Services will track the number of children who apply for FAMIS but are eligible for Medicaid.
The second goal under this Strategic Objective is to “Enroll 61,200 children in FAMIS by the close of the FFY 2004.” This Goal is based on an analysis of uninsured children in Virginia. The Measurement Strategy utilized will be the FAMIS file, where an indicator of FAMIS enrollment will be counted over time.
The third goal under Strategic Objective One is to “Reduce the percentage of uninsured children.” The measurement strategy is to track changes in the percentage of uninsured children using a health access survey. Virginia conducted health access surveys in 1993, 1996, 1999, and 2001, and anticipates conducting future surveys to assess changes in the number of uninsured children.
Strategic Objective One -- Reduce the Number of Uninsured Children:
(compiled)(current-state-plan)(page-62)Page 62#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-62
Effective Date: 07/01/05
62 Approval Date: _____________/06
Performance Goal Measurement Strategy Increase the number of Medicaid eligible children enrolled in Medicaid Data from the Central Processing Unit and DSS; DMAS enrollment data Enroll 61,200 children in Title XXI: FAMIS (and Medicaid Expansion )by the close of FFY2004 DMAS enrollment data Reduce the percentage of uninsured children Health access survey
Strategic Objective Two “To Improve the Health Status of Children” This objective encompasses three performance goals. The first goal is to “Increase the number of children with a usual source of care.” A usual source of care is critical to meeting the ongoing health needs of children in allowing for continuity of services. Most children in FAMIS will be enrolled in the Managed Care Organization Program, facilitating the establishment of a medical home and accountability for the quality of care.
The second goal is to “Increase the percentage of children who receive immunizations.” Performance is measured via an annual clinical focus study performed by an external quality review organization that utilizes DMAS data and medical chart review to estimate the percentage of children who are fully immunized. The Virginia SCHIP’s aggregate compliance rate for each of the selected individual immunizations is presented immediately below (Delmarva Foundation for Medical Care, Inc., 2003):
DTP OPV MMR HIb HBV VZV 4:3:1 88.9% 92.3% 92.3% 88.0% 96.6% 90.6% 86.3%
The statewide results demonstrate that FAMIS care providers have performed well in meeting their obligations to provide vaccines to children in Virginia. The compliance level was well above 85% for all indicators.
The third Goal is to “Increase the number of children receiving appropriate well-child care.” The Measurement Strategy is to perform a clinical focus study to estimate the number of children receiving appropriate well-child care. The study will focus on office-based visits. DMAS well- child care data may be used for comparison purposes. Administrative data may be supplemented by medical chart review.
Strategic Objective Two -- To Improve the Health Status of Children:
(compiled)(current-state-plan)(page-63)Page 63#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-63
Effective Date: 07/01/05
63 Approval Date: _____________/06
Performance Goal Measurement Strategy Increase the number of children with a usual source of care DMAS enrollment data Increase the percentage of children with immunization Clinical focus study Increase the number of children receiving appropriate well-child care Clinical focus study
Comparing DMAS internal figures for April of 2003 with those for April of 2004 shows that enrollment in SCHIP in the last year rose from 50,336 to 54,581. Those same figures show that the number of SCHIP enrollees with a usual source of care rose from 44,121 to 48,471. This trend is expected to continue as enrollment grows.
DMAS anticipates receiving from the MCOs and other health insurers participating under FAMIS summary reports on usual source of care, immunizations, well-child care, and other measures reflective of access and quality.
Strategic Objective Three “To Conduct Effective Outreach to Encourage Enrollment in Health Insurance Plans” encompasses five Performance Goals. The first Goal is to “Develop and implement a comprehensive, statewide, community-based outreach plan”. This outreach plan was specified in the Virginia enabling legislation for FAMIS. The plan allows for a coherent and structured means to encourage enrollment in FAMIS. The Measurement Strategy is a published plan and administrative records from the outreach campaign. These records will indicate a broad range of involvement by members of the community and ensure a comprehensive, statewide plan. The remaining Performance Goals address obtaining the active participation of community-based organizations, other states agencies, the business community, and school districts. The Measurement Strategy for each of these is to utilize the administrative records from the outreach campaign. The records will document meetings, media contacts and events, publications, presentations, collaborations among organizations, and other activities to promote outreach.
Strategic Objective Three- To Conduct Effective Outreach to Encourage Enrollment in Health Insurance Plans:
Performance Goal Measurement Strategy Develop and implement a comprehensive, statewide community- based outreach plan Published outreach plan and administrative records from outreach campaign Obtain the active participation of community-based organizations Administrative records from outreach campaign and quarterly reports from outreach grantees and trainer
(compiled)(current-state-plan)(page-64)Page 64#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-64
Effective Date: 07/01/05
64 Approval Date: _____________/06 Obtain the active participation of other state agencies Administrative records from outreach campaign Obtain the active participation of the business community Administrative records from outreach campaign Obtain the active participation of school districts Administrative records from outreach campaign
(compiled)(current-state-plan)(page-65)Page 65#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-65
Effective Date: 07/01/05
65 Approval Date: _____________/06
Check the applicable suggested performance measurements listed below that the state plans to use: (Section 2107(a)(4))
9.3.1. ⌧ The increase in the percentage of Medicaid-eligible children enrolled in Medicaid.
9.3.2. ⌧ The reduction in the percentage of uninsured children.
9.3.3. ⌧ The increase in the percentage of children with a usual source of care.
9.3.4. The extent to which outcome measures show progress on one or more of the health problems identified by the state. 9.3.5. HEDIS Measurement Set relevant to children and adolescents younger than 19. 9.3.6. Other child appropriate measurement set. List or describe the set used.
9.3.7. ⌧ If not utilizing the entire HEDIS Measurement Set, specify which measures will be collected, such as: 9.3.7.1. ⌧ Immunizations 9.3.7.2. ⌧ Well child care 9.3.7.3. Adolescent well visits 9.3.7.4. ⌧ Satisfaction with care 9.3.7.5. Mental health 9.3.7.6. Dental care 9.3.7.7. Other, please list: 9.3.8. Performance measures for special targeted populations.
9.4. ⌧ The state assures it will collect all data, maintain records and furnish reports to the
Secretary at the times and in the standardized format that the Secretary requires.
(Section 2107(b)(1)) (42CFR 457.720)
9.5. ⌧ The state assures it will comply with the annual assessment and evaluation required
under Section 10. Briefly describe the state’s plan for these annual assessments and
reports. (Section 2107(b)(2)) (42CFR 457.750)
(compiled)(current-state-plan)(page-66)Page 66#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-66
Effective Date: 07/01/05
66 Approval Date: _____________/06 DMAS complies with subsection 10.1 in assessing the operation of FAMIS and submitting a report to the Secretary by January 1 following the end of the fiscal year. This includes the reduction in the number of uninsured low-income children and the results of the program assessment.
9.6. ⌧ The state assures it will provide the Secretary with access to any records or information relating to the plan for purposes of review of audit. (Section 2107(b)(3)) (42CFR 457.720)
9.7. ⌧ The state assures that, in developing performance measures, it will modify those measures to meet national requirements when such requirements are developed. (42CFR 457.710(e))
9.8. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: (Section 2107(e)) (42CFR 457.135)
9.8.1. ⌧ Section 1902(a)(4)(C) (relating to conflict of interest standards) 9.8.2. ⌧ Paragraphs (2), (16) and (17) of Section 1903(i) (relating to limitations on payment) 9.8.3. ⌧ Section 1903(w) (relating to limitations on provider donations and taxes) 9.8.4. ⌧ Section 1132 (relating to periods within which claims must be filed)
9.9. Describe the process used by the state to accomplish involvement of the public in the design and implementation of the plan and the method for insuring ongoing public involvement. (Section 2107(c)) (42CFR 457.120(a) and (b))
In order to accomplish public involvement in the administration, outreach, and access to the FAMIS program, ongoing meetings are held with several advocacy, retail, business, and community organizations to seek direction and request involvement. These organizations include the Virginia Coalition for Children’s Health, Virginia Association of Health Plans, the Covering Kids & Families Statewide Coalition, the Virginia Hospital and Healthcare Association, the Virginia Poverty Law Center, and the Virginia League of Social Services Executives, as well as other advocacy organizations that represent the interests of the uninsured. Meetings are also held with other state agencies to seek their assistance. Ongoing meetings are held with legislators, with legislative commissions, and with local human service directors to review and discuss FAMIS.
The Department held five Town Hall meetings during the Spring 2002 across the State to hear ways to improve the FAMIS program. These meetings were attended by approximately 200 persons. To ensure public involvement, DMAS advises and consults with the Joint Commission on Health Care and provide quarterly reports on enrollment, benefit levels, and outreach efforts. The public also has the opportunity to become involved during the regulatory process.
(compiled)(current-state-plan)(page-67)Page 67#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-67
Effective Date: 07/01/05
67 Approval Date: _____________/06 Implementing regulations must go through a mandatory 60-day comment period consistent with the Code of Virginia.
Another method for insuring ongoing public involvement is the Outreach Oversight Committee. The Outreach Oversight Committee is composed of representatives from community-based organizations engaged in outreach activities, social services eligibility workers, the provider community, health plans, and consumers. The Committee meets quarterly to discuss strategies to improve outreach activities. The Committee may offer recommendations regarding state-level outreach activities, the coordination of regional and local outreach activities, and procedures for streamlining and simplifying the application process, brochures, other printed materials, forms, and applicant correspondence.
9.9.1 Describe the process used by the state to ensure interaction with Indian Tribes and organizations in the state on the development and implementation of the procedures required in 42 CFR 457.125. (Section 2107(c)) (42CFR 457.120(c))
Virginia has no federally recognized Indian tribes; however, ongoing communication occurs with Indian tribes in Virginia to ensure that Indian families understand the program and can access the provider network to secure covered services.
No cost-sharing will be charged to American Indians and Alaska Natives. The application form requests racial information on each child for whom application for child health insurance is made. The applicant is requested to indicate if the child is White, Black, Hispanic, Other, Native American, Alaska Native or Asian/Pacific Islander. No cost sharing is imposed on those children who are reported to be Native American or Alaska Native.
9.9.2 For an amendment relating to eligibility or benefits (including cost sharing and enrollment procedures), please describe how and when prior public notice was provided as required in 457.65(b) through (d).
9.10. Provide a one year projected budget. A suggested financial form for the budget is attached. The budget must describe: (Section 2107(d)) (42CFR 457.140) Planned use of funds, including -- - Projected amount to be spent on health services; - Projected amount to be spent on administrative costs, such as outreach, child health initiatives, and evaluation; and - Assumptions on which the budget is based, including cost per child and expected enrollment.
- Projected sources of non-Federal plan expenditures, including any requirements for
(compiled)(current-state-plan)(page-68)Page 68#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-68
Effective Date: 07/01/05
68 Approval Date: _____________/06 cost-sharing by enrollees.
SCHIP Budget Plan Template
Federal Fiscal Year Costs – FFY 2007 Enhanced FMAP rate 65% Benefit Costs
Insurance payments
Managed care 89,151,050 per member/per month rate @ # of eligibles $119.50 @ 748,851 months Fee for Service $62,816,498 Total Benefit Costs
(Offsetting beneficiary cost sharing payments)
Net Benefit Costs $151,967,547
Administration Costs
Personnel $1,525,467 General administration $206,750 Contractors/Brokers (e.g., enrollment contractors) $7,083,500 Claims Processing $50,000 Outreach/marketing costs $1,603,002 Other $290,865 Total Administration Costs $10,759,584 10% Administrative Cost Ceiling $16,885,283
Federal Share (multiplied by enh-FMAP rate) $179,238 State Share $96,513 TOTAL PROGRAM COSTS $162,727,131
Note: The Federal Fiscal Year (FFY) runs from October 1st through September 30th.
Funding:
State funding comes from two sources: State General Funds, and the Family Access to Medical
(compiled)(current-state-plan)(page-69)Page 69#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-69
Effective Date: 07/01/05
69 Approval Date: _____________/06 Insurance Security Plan Trust Fund. The 1997 General Assembly established the Virginia Children’s Medical Security Insurance Plan Trust Fund (the fund was renamed the Family Access to Medical Insurance Security Plan Trust Fund in legislation enacted in 2000) in anticipation that a children’s health insurance program would be enacted by the 1998 General Assembly. The Assembly directed that the Fund be used to pay in part the Commonwealth’s share of expenditures under the new children’s health insurance program. Income to the Fund is derived from increased health insurance premium tax revenue. In 1997, the Commonwealth repealed a partial tax exemption enjoyed by the Blue Cross and Blue Shield Companies which no longer provide insurance of last resort as a result of HIPAA reforms. Payments into the trust fund are expected to be between $9 and $10 million a year. The remainder of the Commonwealth’s share is paid from State General Funds.
(compiled)(current-state-plan)(page-70)Page 70#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-1
Effective Date: 07/01/05
70 Approval Date: _____________/06 Section 10. Annual Reports and Evaluations (Section 2108)
10.1. Annual Reports. The state assures that it will assess the operation of the state plan under this Title in each fiscal year, including: (Section 2108(a)(1),(2)) (42CFR 457.750)
10.1.1. ⌧ The progress made in reducing the number of uncovered low-income children and report to the Secretary by January 1 following the end of the fiscal year on the result of the assessment, and
Below is a chart listing the types of information that the state’s annual report might include. Submission of such information will allow comparisons to be made between states and on a nationwide basis.
Attributes of Population
Number of Children with Creditable Coverage XIX OTHER CHIP
Number of Children without Creditable Coverage
TOTAL
Income Level
< 100%
< 133%
< 185%
< 200%
> 200%
Age
0 – 1
1 – 5
6 – 12
13 - 18
Race and Ethnicity
American Indian or Alaskan
Asian or Pacific Islander
Black, not of Hispanic origin
Hispanic
White, not of Hispanic origin
(compiled)(current-state-plan)(page-71)Page 71#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-1
Effective Date: 07/01/05
71 Approval Date: _____________/06
Location
MSA
Non-MSA
10.2. ⌧ The state assures it will comply with future reporting requirements as they are developed. (42CFR 457.710(e))
10.3. ⌧ The state assures that it will comply with all applicable Federal laws and regulations, including but not limited to Federal grant requirements and Federal reporting requirements.
(compiled)(current-state-plan)(page-72)Page 72#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 11-1
Effective Date: 07/01/05
72 Approval Date: _____________/06 Section 11. Program Integrity (Section 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue to Section 12.
11.1 ⌧ The state assures that services are provided in an effective and efficient manner through free and open competition or through basing rates on other public and private rates that are actuarially sound. (Section 2101(a)) (42CFR 457.940(b))
11.2. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: (Section 2107(e)) (42CFR 457.935(b)) The items below were moved from section 9.8. (Previously items 9.8.6. - 9.8.9)
11.2.1. ⌧ 42 CFR Part 455 Subpart B (relating to disclosure of information by providers and fiscal agents) 11.2.2. ⌧ Section 1124 (relating to disclosure of ownership and related information) 11.2.3. ⌧ Section 1126 (relating to disclosure of information about certain convicted individuals) 11.2.4. ⌧ Section 1128A (relating to civil monetary penalties) 11.2.5. ⌧ Section 1128B (relating to criminal penalties for certain additional charges) 11.2.6. ⌧ Section 1128E (relating to the National health care fraud and abuse data collection program)
(compiled)(current-state-plan)(page-73)Page 73#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 11-1
Effective Date: 07/01/05
73 Approval Date: _____________/06 Section 12. Applicant and enrollee protections (Sections 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan.
Eligibility and Enrollment Matters
12.1 Please describe the review process for eligibility and enrollment matters that complies with 42 CFR 457.1120.
For reviews involving adverse eligibility actions taken by the Department of Medical Assistance Services (“DMAS”), the local department of social services, or the Central Processing Unit (“CPU), the following procedures shall apply.
1. DMAS, the local department of social services, and/or the CPU must send written notification of adverse actions affecting an individual’s request for or receipt of FAMIS coverage. Adverse actions include:
a. Denial of eligibility;
b. Failure to make a timely determination;
c. Suspension or termination of enrollment, including disenrollment for failure to pay cost sharing.
2. The written notification must include the reasons for the determination, an explanation of rights to request a review and how to request a review, the standard and expedited time frames for review, and the circumstances under which enrollment may continue pending review. The notice must be sent to applicants/enrollees within 10 days after the date of denial or at least 10 days prior to suspension or termination of enrollment.
3. To be considered timely, a request for review shall be received by DMAS no later than 30 calendar days from the date of the DMAS, the local department of social services, or CPU notice of adverse action.
4. A review shall not be granted if the sole basis for the adverse determination is a state or federal provision requiring an automatic change in eligibility or enrollment that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
5. A request for review shall be heard and decided by an agent of DMAS who has not been directly involved in the adverse action under review.
(compiled)(current-state-plan)(page-74)Page 74#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 11-1
Effective Date: 07/01/05
74 Approval Date: _____________/06 6. All applicants/enrollees shall have the right to have personal and medical information and records maintained as confidential.
7. All applicants/enrollees shall have an opportunity to:
a) Represent themselves or have representation of their choosing during the review process;
b) Timely review their files and other applicable information relevant to review of the decision;
c) Fully participate in the review process, including an opportunity to present supplemental information during the review process; and
d) Receive continued coverage if the enrollee requests a review prior to the effective date of the suspension or termination of the enrollment.
8. If an expedited review decision is not mandated, a request for review shall result in a written final decision within 90 calendar days of receipt of the request for review unless the applicant, enrollee, or authorized representative requests or causes a delay. An expedited review decision will be mandated whenever the State receives, from the managed care organization or the primary health provider, information indicating that taking the time for a standard resolution of the review request could seriously jeopardize the enrollee’s life or health or ability to attain, maintain, or regain maximum function. If an expedited review decision is mandated, then a request for review shall result in a written final decision within 3 business days after the State receives, from the managed care organization or the primary health provider, the case record and information indicating that taking the time for a standard resolution of the review request could seriously jeopardize the enrollee’s life or health or ability to attain, maintain, or regain maximum function, unless the applicant, enrollee, or authorized representative requests or causes a delay.
Health Services Matters
12.2 Please describe the review process for health services matters that complies with 42 CFR 457.1120.
For reviews involving health services matters for FAMIS enrollees receiving services through Managed Care Organizations (MCOs), the following procedures shall apply.
1. The MCO shall provide a written notification within 10 days after a decision is made and provide the opportunity for external review whenever an enrollee’s request for covered services is delayed, denied, reduced, suspended, or terminated, in whole or in part including a determination
(compiled)(current-state-plan)(page-75)Page 75#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 11-1
Effective Date: 07/01/05
75 Approval Date: _____________/06 about the type or level of services; or whenever there has been the failure to approve, furnish or provide payment for health services in a timely manner.
2. Written notification must include the reasons for the determination, an explanation of rights to request a review and how to request a review, and the standard and expedited time frames for review. In addition, it shall inform the enrollee about his or her opportunity to file a grievance or a request for review with the MCO, and include the phone number and name of the contact person at the MCO’s office.
3. The MCO shall comply with the Department’s hearing process, no more or less, and in the same manner as is required for all other FAMIS evidentiary hearings.
4. The MCO shall have written policies and procedures which describe the informal and formal grievance and review process and how it operates, and the process must be in compliance with federal and State regulations. The procedures must provide for prompt resolution of the issue and involve the participation of individuals with the authority to require corrective action.
5. A review shall not be granted if the sole basis for the adverse determination is a state or federal provision requiring an automatic change that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
6. The MCO shall offer an internal grievance review procedure. The MCO shall issue grievance decisions within fourteen (14) days from the date of initial receipt of the grievance and after all pertinent information has been received. The decision must be in writing and shall include but not be limited to:
a. The decision reached by the MCO;
b. The reasons for the decision;
c. The policies or procedures which provide the basis for the decision; and
d. A clear explanation of further review rights and the time frame for filing a request for review.
7. The enrollee may request an external review of any formal grievance decision by the MCO. An external review organization shall manage the external review procedure. The external review organization provides an independent external review, because the external review organization is the State or a contractor other than the contractor responsible for the matter subject to external review. If an enrollee wishes to file an appeal with the external review organization, the appeal must be filed within 30 days of the enrollee’s receipt of notice of the final decision from the MCO.
(compiled)(current-state-plan)(page-76)Page 76#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 11-1
Effective Date: 07/01/05
76 Approval Date: _____________/06
8. The MCO shall provide to the external review organization all information necessary for any enrollee appeal within the time frame established by the Department.
9. All applicants/enrollees shall have the right to have personal and medical information and records maintained as confidential.
10. All applicants/enrollees shall have an opportunity to:
a. Represent themselves or have representation of their choosing during the review process;
b. Timely review their files and other applicable information relevant to review of the decision;
c. Fully participate in the review process, whether the review is in person or in writing, including an opportunity to present supplemental information during the review process; and
d. Receive continued coverage if the enrollee requests a review prior to the effective date of the reduction or termination of services or payment for services.
11. Unless an expedited review decision is mandated, the external review organization shall complete the external review process and issue a decision within ninety (90) calendar days of the date an enrollee requests an internal review. If the enrollee’s physician or health plan determines that operating under the standard time frame could seriously jeopardize the enrollee’s life or health or ability to attain, maintain, or regain maximum function, then the external review organization must complete the external review process and issue a decision within seventy-two (72) hours of the time an enrollee requests external review.
12. The MCO shall comply with the external review decision. The external review organization's decision in these matters shall be final and shall not be subject to appeal by the MCO.
13. The external review organization’s decision must be in writing and shall include but not be limited to:
(compiled)(current-state-plan)(page-77)Page 77#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-1
Effective Date: 07/01/05
77 Approval Date: _____________/06 a. The decision reached by the external review organization;
b. The reasons for the decision;
c. The policies or procedures which provide the basis for the decision.
For reviews involving health services matters for FAMIS enrollees receiving services through fee-for- service, the following procedures shall apply.
1. The State or its contractor shall provide a written notification within 10 days after a decision is made and provide the opportunity for external review whenever an enrollee’s request for covered services is delayed, denied, reduced, suspended, or terminated, in whole or in part including a determination about the type or level of services; or whenever there has been the failure to approve, furnish or provide payment for health services in a timely manner.
2. Written notification must include the reasons for the determination, an explanation of rights to request a review and how to request a review, and the standard and expedited time frames for review.
3. A review shall not be granted if the sole basis for the adverse determination is a state or federal provision requiring an automatic change that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
4. The external review must be conducted by the State or a contractor other than the contractor responsible for the matter subject to external review.
5. If an enrollee wishes to request an external review, the request must be filed within 30 days of the enrollee’s receipt of notice of the final decision from the State or its contractor.
6. All applicants/enrollees shall have the right to have personal and medical information and records maintained as confidential.
7. All applicants/enrollees shall have an opportunity to:
a. Represent themselves or have representation of their choosing during the review process;
b. Timely review their files and other applicable information relevant to review of the decision;
c. Fully participate in the review process, whether the review is in person or in writing, including an opportunity to present supplemental information during the review process; and
(compiled)(current-state-plan)(page-78)Page 78#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-1
Effective Date: 07/01/05
78 Approval Date: _____________/06 d. Receive continued coverage if the enrollee requests a review prior to the effective date of the reduction or termination of services or payment for services.
8. Unless an expedited review decision is mandated, the external review process shall be completed and a written decision shall be issued within ninety (90) calendar days of the date an enrollee requests an external review, unless the applicant, enrollee, or authorized representative requests or causes a delay. If the enrollee’s physician or health plan determines that operating under the standard time frame could seriously jeopardize the enrollee’s life or health or ability to attain, maintain, or regain maximum function, then the external review process must be completed and a written decision must be issued within seventy-two (72) hours of the time an enrollee requests external review, unless the applicant, enrollee, or authorized representative requests or causes a delay.
Premium Assistance Programs
12.3 If providing coverage through a group health plan that does not meet the requirements of 42 CFR 457.1120, please describe how the state will assure that applicants and enrollees have the option to obtain health benefits coverage other than through the group health plan at initial enrollment and at each redetermination of eligibility.
(compiled)(current-state-plan)(page-79)Page 79#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Attachment A
Effective Date: 07/01/05
79 Approval Date: _____________/06
(compiled)(factsheet)Virginia CHIP compiled state plan: Factsheet (approved August 1, 2003, effective June 1, 2003)#
(compiled)(factsheet)(page-1)Page 1#
VIRGINIA TITLE XXI STATE PLAN FACT SHEET
Name of Plan: Family Access to Medical Insurance Security Plan (FAMIS)
Date Plan Submitted: June 15, 1998 Date Plan Approved: October 22, 1998 Effective Date: October 26, 1998
Date First Amendment Submitted: June 23, 2000 Date First Amendment Approved: December 22, 2000 Amendment Effective Date:
December 22, 2000
Date Second Amendment Submitted: November 15, 2001 Date Second Amendment Approved: January 23, 2002 Amendment Effective Date:
December 1, 2001
Date Third Amendment Submitted: June 28, 2002 Date Third Amendment Approved: September 26, 2002 Amendment Effective Date:
December 1, 2001
Date Fourth Amendment Submitted: August 30, 2002 Date Fourth Amendment Approved: December 23, 2002 Amendment Effective Date:
September 1, 2002
Date Fifth Amendment Submitted: June 15, 2004 Date Fifth Amendment Approved: September 13, 2004 Amendment Effective Date:
August 1, 2003 and June 1, 2004
Date Sixth Amendment Submitted: June 29, 2004 Date Sixth Amendment Disapproved: April 16, 2007
Date Seventh Amendment Submitted: July 3, 2006 Date Seventh Amendment Approved: September 26, 2006 Amendment Effective Dates: Vary as follows:
• August 1, 2005 pregnant applicants no longer
subject to the waiting period; and removes reference
to premium assistance program. • August 1, 2006 retroactive eligibility for
newborns; • July 1, 2006 adds disease management benefit to
the fee-for-service delivery system
(compiled)(factsheet)(page-2)Page 2#
Background:
• On June 15, 1998, Virginia submitted a proposal for a separate child health program, known as the Virginia Children's Medical Security Insurance Plan (VCMSIP).
• The initially approved plan covered children up to age 19 with family incomes up to 185 percent of the Federal poverty level (FPL).
Amendments
• Virginia submitted its first amendment on June 23, 2000, to change the name of the title XXI program to the Family Access to Medical Insurance Security Plan (FAMIS). The program covers children from birth through age 18 with family incomes up to 200 percent of the FPL. This amendment also made the following changes:
• Changed the benefit package from Medicaid look-alike to coverage based upon the state employee health plan, with the addition of physical therapy, occupational therapy, speech language pathology, and skilled nursing services for special needs children.
• Established a premium assistance program for children in families that meet FAMIS eligibility requirements and who have access to health insurance coverage through their parent's employer. Under the program, the State may pay the employee's share of the premium for dependent coverage if certain requirements are met. (The State no longer has approval to operate its premium assistance program through its State plan. See Amendment # 7).
• Incorporated cost sharing in the form of premiums and co-payments.
• Virginia submitted its second amendment on November 15, 2001, to allow the State to offer two different benefits packages to FAMIS enrollees based upon their geographic location in the State. Enrollees obtaining care through a managed care entity receive an enhanced benefit package based upon the State employee health plan. Enrollees in geographic areas of the State where there is not yet a contract with a managed care entity continue to obtain services through the Primary Care Case Management (PCCM) program and receive a Medicaid look-alike package, until such time as a contract with a managed care entity is implemented. This amendment also allowed the State to exempt children receiving services through the PCCM program from paying co-payments.
• On June 28, 2002, Virginia submitted its third amendment to update and amend the SCHIP State plan to indicate the State's compliance with the final SCHIP regulations. This amendment also suspended premiums and added case management and hospice services to the State plan for the benefit package modeled on the state employee health plan. These services were always included in the benefit package and provided to enrollees but were inadvertently omitted from earlier SCHIP State plan amendments.
(compiled)(factsheet)(page-3)Page 3#
• On August 30, 2002, Virginia submitted its fourth amendment to establish a SCHIP Medicaid expansion program, in addition to the existing separate child health program. Children ages 6 through 18 with family income equal to or less than 133 percent of the FPL moved from the separate child health program into the Medicaid expansion program. This move makes all children below 133 percent of the FPL eligible for Medicaid and allows all of the children in one family to be covered in the same program. This amendment also increased dental, vision, and other services in the state employee health plan benefit package, eliminated premiums from cost-sharing requirements, changed procedures to improve coordination with Medicaid on eligibility determination for FAMIS, and added additional good cause exceptions to the 6-month waiting period requirement.
• Virginia submitted its sixth amendment on June 29, 2004. The amendment requested the addition of new school based health services to the State’s SCHIP (FAMIS) benefit package. This Amendment was disapproved. In the absence of a response from the State, it was not possible to ascertain whether the amendment met the statutory and regulatory requirements of the State Children’s Health Insurance Program (SCHIP), including the definition of “child health assistance” at section 2110(a) of the Act, the coverage requirements under section 2103 of the Act, and Section 2101(a), which requires the provision of child health assistance in an effective and efficient manner. Therefore the SPA was disapproved.
• This seventh amendment was submitted on July 3, 2006 with additional changes made on August 7, 2006. It made the following changes to the State plan: • Excludes the State’s four-month period of uninsurance if an applicant is pregnant at the time of application; • Permits 90-day retroactive coverage for newborns; • Adds disease management to the benefit package provided to enrollees in the fee-for- service delivery system; and • Removes all references to its previously approved SCHIP state plan premium assistance program, since the State currently operates its premium assistance program through an SCHIP Section 1115 demonstration.
Children Covered Under Program
• The State reported that 65,536 children were ever enrolled in the Medicaid expansion and 71,646 children were ever enrolled in the separate child health program in FFY 2006.
Administration
• Virginia's Department of Medical Assistance Services administers both the FAMIS and Medicaid programs.
Health Care Delivery System
• Enrollees in the Medicaid expansion program receive services through the established Medicaid delivery system, which includes mandatory managed care plans in certain geographic areas and PCCM in others.
(compiled)(factsheet)(page-4)Page 4#
• In the separate child health program, enrollees living in geographic areas of the state with more than one managed care entity must choose a managed care entity. Enrollees in geographic areas of the State without a contracted managed care entity receive services through the PCCM until such time as a contract with a managed care entity is implemented.
Benefit Package
• Enrollees in the Medicaid expansion program receive the Medicaid benefit package.
• Enrollees in the separate child health program living in geographic areas of the State where a managed care entity has not yet been identified receive a Secretary-approved benefit package that is a Medicaid look-alike, with the addition of substance abuse services.
• Enrollees in the separate health program living in geographic areas of the State where a managed care entity has been identified receive a Secretary-approved benefit package based upon the State employee health plan, with the addition of certain mental health services and blood lead testing.
• The State provides supplemental coverage for children in the premium assistance program if the employer plan does not provide services included in the benchmark plan.
Cost Sharing
• Premiums were suspended in the separate program on April 15, 2002, and eliminated from cost-sharing requirements effective September 1, 2002.
• Families at or below 150 percent of the FPL are subject to co-payments ranging from $2 per outpatient visit to $15 per inpatient admission with an annual co-payment cap of $180. For families with incomes above 150 percent of the FPL, co-payments range from $5 to $25 with an annual co-payment cap of $350. Families track the amount they spend on co-payments and notify the State when the annual co-payment cap is met. A new card is then issued excluding these families from additional co-payments.
• American Indian and Alaska Native children are not subject to cost sharing.
State Action to Avoid Crowd Out
• If a child has had health care coverage within 4 months of application for or receipt of FAMIS services, the child will be ineligible unless good cause for discontinuing the coverage is demonstrated or if the child is pregnant.
Coordination between SCHIP and Medicaid
• A joint Medicaid/FAMIS application, which addresses specific questions about health insurance coverage or available coverage, can either be mailed to a central processing unit
(compiled)(factsheet)(page-5)Page 5#
(CPU) or taken to a local Department of Social Services office for determination. Medicaid eligibility staff is co-located at the CPU. Applicants are not required to have a face-to-face interview or contact.
Outreach Activities
• Virginia’s comprehensive marketing and outreach efforts promote both Medicaid and FAMIS. The State coordinates activities with other state agencies, community-based organizations, the business community, and health care associations and providers.
• Virginia also has a Central Processing Unit that provides a toll-free help line number, serves as a distribution point for applications, assists callers with completing applications, serves as a source for answering questions, and provides eligibility status.
• A contract with a public relations firm is used to assist with the development of a statewide marketing plan, development of multimedia marketing materials, and evaluation of activities to promote application and enrollment.
• Other strategies include coordination with school districts and other agencies/organizations, a toll-free hotline number, the use of a simplified application, and direct-marketing techniques.
Financial Information
Total FY 2007 SCHIP Allotment -- $94,070,318 FY 2007 Enhanced Federal Matching Rate -- 65 %
Date last updated: May 4, 2007
(spa)(va-13-0015-mc1)(approval-package)Virginia CHIP SPA VA-13-0015-MC1: Approval Package (approved December 24, 2013, effective January 1, 2014)#
(spa)(va-13-0015-mc1)(approval-package)(page-1)Page 1#
_____________________________________________________________________________ Table of Contents State/Territory Name: Virginia State Plan Amendments (SPA) #: VA-13-0015 This file contains the following documents in the order listed: 1) Approval Letter 2) SPA Summary Form 3) Approved SPA Pages The complete title XXI state plan for Massachusetts consists of the most recent state plan posted on Medicaid.gov under CHIP and State Plan Amendments. The link is provided below. The following approved templates are in addition to, or replace sections of the state’s posted current state plan. The attached approval letter(s) explain how these templates fit into that state plan. Link to state title XXI state plans and amendments: http://medicaid.gov/Medicaid-CHIP-Program-Information/By- Topics/Childrens-Health-Insurance-Program-CHIP/CHIP-State-Program-Information.html
(spa)(va-13-0015-mc1)(approval-package)(page-2)Page 2#
ie
DEPARTMENT OF HEALTH & HUMAN SERVICES
Centers for Medicare & Medicaid Services ( € . RA ay,
7500 Security Boulevard, Mail Stop: S2-01-16 CENTERS FOR MEDICARE & MEDICAID SERVICES Baltimore, Maryland 21244-1850 CENTER FOR MEDICAID & CHIP SERVICES
<a
am
Children and Adults Health Programs Group
DEC 2 4 2013
Rebecca Mendoza
Director, Maternal and Child Health Division Virginia Department of Medical Assistance Services 600 East Broad Street, Suite 1300
Richmond, VA 23219
Dear Ms. Mendoza:
I am pleased to inform you that your Title XXI Children’s Health Insurance Program (CHIP) state plan amendment (SPA) number VA-13-15, submitted on October 4, 2013, and related to Modified Adjusted Gross Income (MAGI) Eligibility has been approved with an effective date of January 1, 2014.
MAGI Eligibility & Methods:
SPA number VA-13-15 provides assurance on page CS15 that the state will apply methodologies based on MAGI for all separate CHIP covered groups; using the approved MAGI conversion plan income thresholds, the state indicates on page CS7 that it will cover targeted low-income children; and on page CS13 the state elects to cover as deemed newborns children born to mothers enrolled as targeted low-income children in CHIP or enrolled in the section 1115 demonstration, FAMIS MOMS. A copy of the approved CS15 is attached and should be incorporated within a separate subsection under Section 4.3 of the state’s approved CHIP state plan.
A copy of the approved CS7 is attached and supersedes the current Geographic Area, Age and Income Sections 4.1.1, 4.1.2 and 4.1.3 of the current CHIP state plan. A copy of the approved CS13 is attached and should be incorporated under Section 4.3 of the state’s approved CHIP state plan.
Your Title XX] project officer is Ms. Ticia Jones. She is available to answer questions concerning this amendment. Ms. Jones’s contact information is as follows:
Centers for Medicare & Medicaid Services Center for Medicaid & CHIP Services
7500 Security Boulevard, Mail Stop S2-01-16 Baltimore, MD 21244-1850
Telephone: (410) 786-8145
Facsimile: (410) 786-5882
E-mail: Ticia.Jones@cms.hhs.gov
(spa)(va-13-0015-mc1)(approval-package)(page-3)Page 3#
Page 2 - Ms. Rebecca Mendoza Official communications regarding program matters should be sent simultaneously to Ms. Jones and Mr. Francis McCullough, Associate Regional Administrator, Division of Medicaid and Children's Health Operations, in our Philadelphia Regional Office. Mr. McCullough's address 1s: Centers for Medicare & Medicaid Services Division of Medicaid and Children's Health Operations The Public Ledger Building, Suite 216 150 South Independence Mall West Philadelphia, PA 19106 If you have additional questions, please contact Ms. Linda Nablo, Director, Division of State Coverage Programs, at (410) 786-5143. We look forward to continuing to work with you and your staff toward the approval of your remaining MAGI Eligibility SP As. Enclosures Sincerely, Eliot Fishman Director cc: Francis McCullough, ARA, CMS Region III, Philadelphia
(spa)(va-13-0015-mc1)(approval-package)(page-4)Page 4#
Control Panel
General Information
File Management
Tribal Input
Summary
Children's Health Insurance
Program Eligibility
Children’s Health Insurance Program Eligibility: Summary Page
State/Territory Virginia
name: Transmittal Number: Please enter the Transmittal Number (TN) in the format ST- ¥Y-0000 where ST= the state abbreviation, YY = the last two digits of the submission year, and 0000 = a four digit number
with leading zeros. The dashes must also be entered. |VA-13-15 |
Type of SPA: “1 MAGI Eligibility & Methods XXI Medicaid Expansion | Establish 2101(f) Group Eligibility Processing Non-Financial Eligibility
Proposed Effective Date
(nm aa/ yyy)
Federal Statute/ Regulation Citation
[Section 1902(e)(14) of the Social Security Act
Federal Budget Impact
| This SPA has a budget impact. Total budget impact:
State Funds: $ Federal Funds: $
Subject of Amendment
Please provide a brief summary of SPA changes. Character Count:232 out of 2000
cS7 — Eligibility for targeted low-income children under a separate CHIP; C513 -Eligibility for deemed newborns under a separate CHIP; C515 — Modified Adjusted Gross Income (MAGI) based methodologies for separate CHIP covered groups
Signature of State Agency Official
Submitted By: Brian McCormick
Last Revision Dec 16, 2013 Date:
Submit Date: Oct 4, 2013
(spa)(va-13-0015-mc1)(approval-package)(page-5)Page 5#
coms CHIP Eligibility
OMB Control Number: 0938-1148
Expiration date: 10/31/2014
2102(b)(1)(B)(v) of the SSA and 42 CFR 457.315
The CHIP Agency will apply Modified Adjusted Gross Income methodologies for all separate CHIP covered groups, as described below, and consistent with 42 CFR 457.315 and 435.603(b) through (i).
In the case of determining ongoing eligibility for enrollees determined eligible for CHIP on or before December 31, 2013, MAGI- based income methodologies will not be applied until March 31, 2014 or the next regularly-scheduled renewal of eligibility, whichever is later.
If the state covers pregnant women, in determining family size for the eligibility determination of a pregnant woman, she is counted as herself plus each of the children she is expected to deliver.
In determining family size for the eligibility determination of the other individuals in a household that includes a pregnant woman: @ The pregnant woman is counted just as herself. C The pregnant woman is counted just as herself, plus one. C The pregnant woman is counted as herself, plus the number of children she is expected to deliver. Financial eligibility is determined consistent with the following provisions: When determining eligibility for new applicants, financial eligibility is based on current monthly income and family size. When determining eligibility for current beneficiaries, financial eligibility is based on: @ Current monthly household income and family size. © Projected annual household income for the remaining months of the current calendar year and family size. In determining current monthly or projected annual household income, the state will use reasonable methods to: (J Include a prorated portion of the reasonably predictable increase in future income and/or family size. Account for a reasonably predictable decrease in future income and/or family size.
Except as provided at 42 CFR 457.315 and 435.603(d)(2) through (d)(4), household income is the sum of the MAGI-based income of every individual included in the individual's household.
Household income includes actually available cash support. exceeding nominal amounts. provided by the person claiming an individual described at §435.603(f)(2)(i) as a tax dependent.
0
The CHIP Agency certifies that it has submitted and received approval for the conversion for all separate CHIP covered group income standards to MAGI-equivalent standards.
An attachment is submitted.
PRA Disclosure Statement
SPA# VA-13-15 Approval Date: Effective Date: January 1, 2014 Page 1 of 2
(spa)(va-13-0015-mc1)(approval-package)(page-6)Page 6#
Cems CHIP Eligibility
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of
the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
SPA# VA-13-15 Approval Date: Effective Date: January 1, 2014 Page 2 of 2
(spa)(va-13-0015-mc1)(approval-package)(page-7)Page 7#
CHEK FOE MEDICAED Au ARE RESIICRS
CHIP Eligibility
OMB Control Number: 0938-1148
Separate Eligibili
2102(b)(1)(B)(v) of the SSA and 42 CFR 457.310, 315 and 320
rl Targeted Low-Income Children - Uninsured children under age 19 whose household income is within standards established by the state.
The CHIP Agency operates this covered group in accordance with the following provisions: Age
Must be under age 19.
Income Standards
Income standards are applied statewide.
Are there any exceptions, e.g. populations in a county which may qualify under either a statewide income No standard or a county income standard?
Statewide Income Standards
Begin with lowest age range first.
Please note that the lower bound for CHIP eligibility should be the highest standard used for Medicaid poverty- level children for the same age group or groups entered here.
From Age To Age Above (% FPL) Up to & including (% FPL)
+ |io 19 143 200 xX
Age ranges may overlap. If there is an overlap, provide an explanation. Include the age ranges for each income standard that has overlapping ages and the reason for having different income standards.
Special Program for Children with Disabilities
Does the state have a special program for children with disabilities?
PRA Disclosure Statement
SPA# VA-13-15 Approval Date: Effective Date: January 1, 2014 Page 1 of 2
(spa)(va-13-0015-mc1)(approval-package)(page-8)Page 8#
CHIP Eligibility
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of
the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
V.20130709|
SPA# VA-13-15 Approval Date: Effective Date: January 1, 2014
Page 2 of 2
(spa)(va-13-0015-mc1)(approval-package)(page-9)Page 9#
coms CHIP Eligibility
OMB Control Number: 0938-1148
Section 2112(e) of the SSA and 42 CFR 457.360
iw Deemed Newborns - Children born to targeted low-income pregnant women are deemed to have applied for and be eligible for CHIP or Medicaid until the child turns one.
The state operates this covered group in accordance with the following provisions: [B] The child was born to an eligible targeted low-income pregnant woman under section 2112 of the SSA.
rl The child is deemed to have applied for and been found eligible for CHIP or Medicaid, as appropriate, as of the date of the child's birth, and remains eligible without regard to changes in circumstances until the child's first birthday.
The state elects the following option(s):
Rl The state elects to cover as a deemed newborn a child born to a mother who is covered as a targeted low-income child under the state's separate CHIP on the date of the newborn's birth.
The state elects to recognize a child's deemed newborn status from another state and provides benefits in accordance with the requirements of section 2112(e) of the SSA.
The state elects to cover as a deemed newborn a child born to a mother who is covered under Medicaid or CHIP through the authority of the state’s section 1115 demonstration on the date of the newborn’s birth.
PRA Disclosure Statement According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of
the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer. Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
SPA# VA-13-15 Approval Date:. Effective Date: January 1, 2014
Page | of 1
(spa)(va-13-0017-mc3)(approval-package)Virginia CHIP SPA VA-13-0017-MC3: Approval Package (approved November 18, 2013, effective January 1, 2014)#
(spa)(va-13-0017-mc3)(approval-package)(page-1)Page 1#
_____________________________________________________________________________ Table of Contents State/Territory Name: Virginia State Plan Amendments (SPA) #: VA-13-0017 This file contains the following documents in the order listed: 1) Approval Letter 2) SPA Summary Form 3) Approved SPA Pages The complete title XXI state plan for Massachusetts consists of the most recent state plan posted on Medicaid.gov under CHIP and State Plan Amendments. The link is provided below. The following approved templates are in addition to, or replace sections of the state’s posted current state plan. The attached approval letter(s) explain how these templates fit into that state plan. Link to state title XXI state plans and amendments: http://medicaid.gov/Medicaid-CHIP-Program-Information/By- Topics/Childrens-Health-Insurance-Program-CHIP/CHIP-State-Program-Information.html
(spa)(va-13-0017-mc3)(approval-package)(page-2)Page 2#
DEPARTMENT OF HEALTH & HUMAN SERVICES aaa Centers for Medicare & Medicaid Services 7500 Security Boulevard, Mail Stop: 82-26-12 Baltimore, Maryland 21244-1850
CENTERS FOR MEDICARE & MEDICAID SERVICES CENTER FOR MEDICAID & CHIP SERVICES
Children and Adults Health Programs Group
NOV 18 2013
Rebecca Mendoza
Director, Division of Maternal and Child Health Virginia Department of Medical Assistance Services 600 East Broad Street, Suite 1300
Richmond, VA 23219
Dear Ms. Mendoza:
I am pleased to inform you that your Title XXI Children’s Health Insurance Program (CHIP) state plan amendments (SPA) VA-13-0017 and VA-13-19 submitted on October 6, 2013 and related to Modified Adjusted Gross Income (MAGI) Eligiblity have been approved with an effective date of January 1, 2014.
Establish 2101(f) Group:
SPA number VA-13-0017 provides coverage in Virginia’s separate CHIP, as specified in the state’s submission of CS14: Children Ineligible for Medicaid as a Result of the Elimination of Income Disregards. A copy of the approved state plan page (CS14) is attached, and should be incorporated within a separate subsection under Section 4.1 of Virginia’s approved CHIP state plan.
Non-Financial Eligibility:
SPA number VA-13-19 is approved to clarify the state’s non-financial eligibility policies on residency; citizenship; social security numbers; and other eligbility standards. We are approving this SPA in the absence of state plan page CS20. The state's non-financial eligibility policy on substitution of coverage will be submitted when the state legislature has met and approved the change to the waiting period: Copies of the approved state plan pages are attached and these approved pages supersede sections of Virginia’s current state plan as laid out below:
New State Plan Page Impact on Current State Plan Section
CS17: Non-Financial Eligibility — Residency Section 4.1.5
CS18: Non-Financial Eligibility — Citizenship Section 4.1.0; and 4.1-LR
CS19: Non-Financial Eligibility — Social Security | Section 4.1.9.1 Number
C823: Other Eligibility Standards Section 4.1.6; 4.1.7; 4.1.8; 4.1.9
(spa)(va-13-0017-mc3)(approval-package)(page-3)Page 3#
Page 2 - Ms. Rebecca Mendoza Your Title XXI project officer is Ms. Ticia Jones. She is available to answer questions concerning these amendments and other CHIP-related issues. Ms. Jones' contact information is as follows: Centers for Medicare & Medicaid Services Center for Medicaid & CHIP Services Mail Stop: S2-01-16 7500 Security Boulevard Baltimore, MD 21244-1850 Telephone: (410) 786-8145 Facsimile: (410) 786-5882 E-mail: Ticia.Jones@cms.hhs.gov If you have questions or wish to discuss this determination further, please contact Mr. Francis McCullough, Associate Regional Administrator (ARA) in our Philadelphia Regional Office. Mr. McCullough's address is: Centers for Medicare & Medicaid Services Division of Medicaid and Children's Health Operations Suite 216, The Public Ledger Building 150 Independence Mall West Philadelphia, PA 19106 Congratulations on the approval. We look forward to continuing to work with you and your staff toward the approval of your remaining MAGI Eligibility SPAs. If you have additional questions, please contact Ms. Linda Nablo, Director of the Division of State Coverage Programs, at (410) 786-5143. We look forward to continuing to work with you and your staff. Enclosure Sincerely, Eliot Fishman Director cc: Francis McCullough, ARA, CMS Region III, Philadelphia
(spa)(va-13-0017-mc3)(approval-package)(page-4)Page 4#
03, 2014)
Children's Health Insurance Program Eligibility
Control Panel
General Information
File Management Tribal Input
Summary
Children's Health Insurance Program Eligibility: Summary Page
State/Territory Virginia
name: Transmittal Number: Please enter the Transmittal Number (TN) in the format ST- YY-0000 where ST= the state abbreviation, YY = the last two digits of the submission year, and 0000 = a four digit number
with leading zeros. The dashes must also be entered. |VA-14-0025 |
Type of SPA: MAGI Eligibility & Methods XXI Medicaid Expansion “| Establish 2101(f) Group Eligibility Processing Non-Financial Eligibility
Proposed Effective Date
(nmn/aa/yyyy)
Federal Statute/ Regulation Citation
| Section 1902(e)(14) of the Social Security Act
Federal Budget Impact
This SPA has a budget impact. Total budget impact:
State Funds: $ Federal Funds: $
Subject of Amendment
Please provide a brief summary of SPA changes.
Character Count:&89 out of 2000
C514 Children ineligible for Medicaid as a result of the elimination of income disregards
Signature of State Agency Official
Submitted By: Brian McCormick
Last Revision Sep 10, 2014 Date:
Submit Date: Jun 26, 2014
(spa)(va-13-0017-mc3)(approval-package)(page-5)Page 5#
coms. CHIP Eligibility
OMB Control Number: 0938-1148 Expiration date: 10/31/2014
Section 2101(f) of the ACA and 42 CFR 457.310(d)
{Mi Children Ineligible for Medicaid as a Result of the Elimination of Income Disregards The CHIP agency provides coverage for this group of children as follows:
The state has received approval from CMS to maintain Medicaid eligibility for children who would otherwise be subject to Section 2101(f) such that no child in the state will be subject to this provision.
The state assures that separate CHIP coverage will be provided for children ineligible for Medicaid due to the elimination of income disregards in accordance with 42 CFR 457.310(d). Coverage for this population will cease when the last child protected from loss of Medicaid coverage as a result of the elimination of income disregards has been afforded 12 months of coverage in a separate CHIP (expected to be no later than April 1, 2016 ).
C
Describe the methodology used by the state to identify and enroll children in a separate CHIP who are subject to the protection afforded by Section 2101(f) of the Affordable Care Act:
The state has demonstrated and CMS has agreed that all children qualifying for section 2101(f) protection will qualify for the state’s existing separate CHIP.
The state will enroll all children in a separate CHIP who lose Medicaid eligibility because of an increase in family income at their ‘first renewal applying MAGI methods.
The state will enroll children in a separate CHIP whose family income falls above the converted MAGI Medicaid FPL but at or below the following percentage of FPL. The state has demonstrated and CMS has agreed that all or almost all the children who would have maintained Medicaid eligibility if former disregards were applied will be within this income range and therefore covered in the separate CHIP.
be FPL
The state will enroll children in a separate CHIP who are found to be ineligible for Medicaid based on MAGI but whose family income has not increased since the child’s last determination of Medicaid eligibility or who would have remained eligible for Medicaid (based on the 2013 Medicaid income standard) if the value of their 2013 disregards had been applied to the family income as determined by MAGI methodology.
Cc
C Other.
Describe the benefits provided to this population:
C This population will be provided the same benefits as are provided to children in the state’s Medicaid program. @ This population will be provided the same benefits as are provided to children in the state's separate CHIP.
C Other (consistent with Section 2103 of the SSA and 42 CFR 457 Subpart D).
Describe premiums and cost sharing required of this population:
C Cost sharing is the same as for children in the Medicaid program.
* ae SPA # VA-13-0017 Approval Date: NGY i o auld Effective Date: January 1, 2014 NOY 1 6 Page 1 of 2
(spa)(va-13-0017-mc3)(approval-package)(page-6)Page 6#
ccms CHIP Eligibility
(@ Premiums and cost sharing are the same as for targeted low-income children in the state's separate CHIP.
C No premiums, copayments, deductibles, coinsurance or other cost sharing is required.
C Other premiums and/or cost-sharing requirements (consistent with Section 2103(e) of the SSA and 42 CFR 457 Subpart E).
PRA Disclosure Statement According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
NOV 18 2013
SPA # VA-13-0017 Approval Date: Effective Date: January 1, 2014 Page 2 of 2
(spa)(va-13-0018-mc4)(approval-package)Virginia CHIP SPA VA-13-0018-MC4: Approval Package (approved June 17, 2014, effective October 1, 2013)#
(spa)(va-13-0018-mc4)(approval-package)(page-1)Page 1#
_____________________________________________________________________________
Table of Contents
State/Territory Name: Virginia
State Plan Amendment (SPA) #: VA-13-0018
This file contains the following documents in the order listed:
1) Approval Letter 2) SPA Summary Form 3) Approved SPA Pages 4) Additional Attachments that are part of the state plan
The complete title XXI state plan for Virginia consists of the most recent state plan posted on Medicaid.gov under CHIP and State Plan Amendments. The link is provided below. The following approved templates are in addition to, or replace sections of the state’s posted current state plan. The attached approval letter(s) explain how these templates fit into that state plan. Link to state title XXI state plans and amendments: http://medicaid.gov/Medicaid-CHIP-Program-Information/By- Topics/Childrens-Health-Insurance-Program-CHIP/CHIP-State-Program-Information.html
(spa)(va-13-0018-mc4)(approval-package)(page-2)Page 2#
DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services (“CMS 7500 Security Boulevard, Mail Stop: S2-26-12 CM Ss
Baltimore, Maryland 21244-1850 CENTER FOR MEDICAID & CHIP SERVICES
Children and Adults Health Programs Group
JUN 17 2014
Rebecca Mendoza ;
Director, Maternal and Child Health Division Virginia Department of Medical Assistance 600 East Broad Street, Suite 1300 Richmond, VA 23219
Dear Ms. Mendoza:
I am pleased to inform you that the Centers for Medicare & Medicaid Services (CMS) has * approved Virginia’s Children’s Health Insurance Program (CHIP) State Plan Amendment (SPA), VA-13-0018 submitted on October 6, 2013. This SPA incorporates the MAGI-based eligibility process requirements in accordance with the Affordable Care Act. The effective date of this SPA is October 1, 2013.
The approval of CHIP SPA VA-13-0018 includes full approval of your State’s alternative single streamlined paper application. The State is using an interim alternative single streamlined online application used to apply for multiple human service programs. By December 31, 2014, Virginia will implement a revised alternative online application that addresses CMS concerns outlined in the companion letter issued with this SPA approval.
Enclosed is a copy of the following CS24 state plan pages and attachments to be incorporated within a separate section at the end of Virginia’s approved state plan:
CS24 Attachment 1 — Statement of use with respect to the alternative single streamlined online application Alternative single streamlined paper application e Statement related to coordination of eligibility and enrollment
This approval and the attachments supercede the following sections of the current CHIP State Plan:
e Section 4.3: Single Streamlined Application Screen and Enroll Process e Section 4.4: Renewals, Screening by Other Insurance Affordability Programs
The CMS appreciates the significant amount of work your staff dedicated to preparing this State Plan Amendment. Your title XXI project officer is Ms. Ticia Jones. She is available to answer questions concerning this amendment and other CHIP-related issues. Ms. Jones’ contact information is as follows:
(spa)(va-13-0018-mc4)(approval-package)(page-3)Page 3#
Page 2 — Ms. Rebecca Mendoza
Centers for Medicare & Medicaid Services Center for Medicaid and CHIP Services Mail Stop: S2-01-16
7500 Security Blvd.
Baltimore, MD 21244-1850
Telephone: (410) 786-8145
Facsimile: (410) 786-5882
E-mail: Ticia. Jones@cms.hhs.gov
Official communications regarding program matters should be sent simultaneously to Ms. Jones and to Francis McCullough, Associate Regional Administrator (ARA) in our Philadelphia Regional Office. Mr. McCullough’s address is:
Francis McCullough
Office of the Regional Administrator Suite 216, The Public Ledger Building 150 S. Independence Mall West Philadelphia, PA 19106
If you have additional questions, please contact Barbara K. Richards, Acting Director, Division of State Coverage Programs at 410-786-5920.
We look forward to continuing to work with you and your staff.
Sincerely,
10t Fishman Director
Enclosure
ce: Mr. Francis McCullough, ARA, CMS Region III, Philadelphia
(spa)(va-13-0018-mc4)(approval-package)(page-4)Page 4#
DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services
7500 Security Boulevard, Mail Stop: S2-26-12 Baltimore, Maryland 21244-1850
Children and Adults Health Programs Group
CCMS
CENTERS FOR MEDICARE & MEDICAID SERVICES CENTER FOR MEDICAID & CHIP SERVICES
JUN 17 2014
Rebecca Mendoza
Director, Maternal and Child Health Division Virginia Department of Medical Assistance 600 East Broad Street, Suite 1300 Richmond, VA 23219
RE: CS24 — Eligibility Process State Plan Amendment (SPA), VA-13-0018
Dear Ms. Mendoza:
This letter is being sent as a companion to Centers for Medicare & Medicaid Services (CMS) approval of Virginia’s state plan amendment (SPA) transmittal VA-13-0018. Our review of this submission included a review of the online and paper alternative single streamlined applications
developed by the state.
Until December 31, 2014, the State is using an interim, alternative single streamlined online application used to apply for multiple human service programs. This interim application needs
to be revised to reflect the following changes.
household members live together) e All citizenship and immigration questions
Medicare MCO Selection
only.)
e Residency questions (other than information needed to determine whether
e Non-MAGI screening questions related to blindness, disability, and
The attestation which states "I understand that my signature on this application certifies, under penalty of perjury, that I am a U.S. Citizen or alien in lawful immigration status (unless applying for emergency services
Completion Necessary changes Date The following questions will not appear for household members not seeking any December benefits: 31, 2014
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Page 2 — Ms. Rebecca Mendoza
Completion Necessary changes Date The following questions will not appear on application for health coverage only. December 31, 2014 ¢ Questions regarding roomer/boarder © Questions regarding income not countable under MAGI, such as SSI and child support income (Note: SSI may be asked as a yes/no question of applicants only as a non-MAGI screening question) Questions regarding dependent care bills Questions regarding school enrollment status and grade completed, except for 18-22 year-olds as needed. Questions about the cost of the employer-sponsored coverage premium will be moved to follow the question regarding the name of the lowest cost plan. ae
Please submit the revised alternative single streamline online application to CMS for review no later than December 1, 2014, to ensure approval by December 31, 2014. We continue to be available to provide technical assistance. If you have any questions about your application, please contact Victoria Collins at Victoria.Collins@cms.hhs.gov or (410) 786-2167.
We look forward to continuing to work with you and your staff.
Sincerely,
Barbara K. Richards Acting Director Division of State Coverage Programs
ce: Mr. Francis McCullough, AR A, CMS Region III, Philadelphia
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logged in as TONIABROWN(CMS CO Staff) read only mode application rev p01 Children's Health Insurance Program Eligibility VA.0405.R00.00 - Oct 01, 2013 Home Logout Finder Save Validate Print Help Control Panel General Information File Management Tribal Input Summary State/Territory name: Virginia State Funds: $ Federal Funds: $ Submitted By: Brian McCormick Last Revision Date: Oct 17, 2014 Submit Date: Oct 6, 2013 Children's Health Insurance Program Eligibility: Summary Page Transmittal Number: Please enter the Transmittal Number (TN) in the format ST-YY-0000 where ST= the state abbreviation, YY = the last two digits of the submission year, and 0000 = a four digit number with leading zeros. The dashes must also be entered. VA-13-0018 Type of SPA: MAGI Eligibility & Methods XXI Medicaid Expansion Establish 2101(f) Group Eligibility Processing Non-Financial Eligibility Proposed Effective Date 10/01/2013 (mm/dd/yyyy) Federal Statute/Regulation Citation Section 1902(e)(14) of the Social Security Act Federal Budget Impact This SPA has a budget impact. Total budget impact: Subject of Amendment Please provide a brief summary of SPA changes. Character Count:286 out of 2000 CS24 - Submission of the alternative single, streamlined Medicaid/CHIP application developed by Virginia, the eligibility redetermination process, and confirmation of coordination of eligibility and enrollment between Medicaid, CHIP, Exchanges and other insurance affordability programs Signature of State Agency Official Page 1 of 2 Children's Health Insurance Program Eligibility: CMS 179 11/02/2014 https://wms-mmdl.cdsvdc.com/MMDL/faces/protected/chp/p01/pages/chp_00.jsp
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FAQs | Site Map | Contact | Medicaid.gov | CMS.gov Page 2 of 2 Children's Health Insurance Program Eligibility: CMS 179 11/02/2014 https://wms-mmdl.cdsvdc.com/MMDL/faces/protected/chp/p01/pages/chp_00.jsp
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USE OF THE ALTERNATIVE SINGLE STREAMLINED APPLICATION
O Paper Application 1] Online Application TRANSMITTAL NUMBER: STATE: VA-13-0018 Virginia
Through December 31, 2014, the state is using an interim alternative single streamlined application. After December 31, 2014, the state will use a revised alternative single streamlined application. The revised application will address the issues outlined in the CMS letter, which was issued with the approval of this state plan amendment, concerning the state’s application. The revised application will be incorporated by reference
into the state plan.
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COORDINATION OF ELIGIBILITY AND ENROLLMENT
TRANSMITTAL NUMBER:
VA-13-0018
STATE:
Virginia
Notwithstanding the final checked statement on page 2, the single state agency has not entered into an agreement with the Federally-facilitated Marketplace to date. The single state agency will make a good faith effort to enter into a memorandum of agreement with the Federally-facilitated Marketplace as soon as possible. At such time the agreement is signed, it will be incorporated by reference into this attachment
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Cems CHIP Eligibility
OMB Control Number: 0938-1148 Expiration date: 10/31/2014
2102(b)(3) & 2107(e)(1)(O) of the SSA and 42 CFR 457, subpart C
The CHIP Agency meets all of the requirements of 42 CFR 457, subpart C for application processing, eligibility screening and enrollment.
4)
Application Processing
Indicate which application the agency uses for individuals apply ing for coverage who may be eligible based on the applicable modified adjusted gross income standard:
Oo The single, streamlined application developed by the Secretary in accordance with section 1413(b)(1)(A) of the Affordable Care Act.
An alternative single, stream lined application developed by the state and approved by the Secretary in accordance with
“ section 1413(b)(1)(B) of the Affordable Care Act.
An alternative application used to apply for multiple human service programs approved by the Secretary, provided that the ‘RX agency makes readily available the single or alternative application used only for insurance affordability programs to individuals seeking assistance only through such programs.
The agency's procedures permit an individual, or authorized person acting on behalf of the individual, to submit an application via the internet website described in CF R 457.340(a), by telephone, via mail, in person and other commonly available electronic means.
The agency accepts applications in the following other electronic means. (1) Other electronic means: Screen and Enroll Process
The CHIP Agency has coordinated eligibility and enrollment screening procedures in place that are applied at time of initial application, periodic redeterminations, and follow-up eligibility determinations. The procedures ensure that only targeted low-
income children are provided CHIP coverage and that enrollment is facilitated for applicants found to be potentially eligible for other insurance affordability programs.
Procedures include:
Screening of application to identify all individuals eligible or potentially eligible for CHIP or other insurance affordability il programs; and
wl Income eligibility test, with calculation of household income consistent with 42 CFR 457.315 for individuals identified as potentially eligible for Medicaid or other insurance affordability programs based on household income; and
JUNT7 2014
SPA# VA-13-0018 Approval Date: Effective Date: October 1, 2013 Page 1 of 2
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cCEMs CHIP Eligibility
ia Screening process for individuals who may qualify for Medicaid on a basis other than having household income at or below the applicable MAGI standard, based on information in the single streamlined application.
The CHIP agency has entered into an arrangement with the Exchange to make eligibility determinations for advanced
premium tax credits in accordance with section 1943(b)(2) of the SSA. No
Redetermination Processing
Redeterm inations of eligibility for individuals whose financial eligibility is based on the applicable modified adjusted gross income standard are performed as follows, consistent with 42 CFR 457.343:
[Ml] Once every 12 months.
ry Without requiring information from the individual if able to do so based on reliable information contained in the individual's account or other more current information available to the agency.
If the agency cannot determine eligibility solely on the basis of the information available to it, or otherwise needs additional [Mf] information to complete the redetermination, it provides the individual with a pre-populated renewal form containing the information already available.
Screening by Other Insurance Affordability Programs
The CHIP Agency provides assurance that it has adopted procedures to accept and process electronic accounts of individuals screened as potentially eligible for CHIP by other insurance affordability programs in accordance with the requirements of 42 CFR 457.348(b) and to determine eligibility in accordance with 42 CFR 457.340 in the same manner as if the application had been submitted directly to, and processed by the state.
The CHIP Agency elects the option to accept CHIP eligibility decisions made by the Exchange or other agencies administering Be insurance affordability programs as provided in 42 CFR 457.348 and to furnish CHIP in accordance with requirem ents of 42 CFR 457.340 to the same extent and in the same manner as if the applicant had been determined by the state to be eligible for
CHIP.
Check all types of agencies that apply:
(1 The Exchange
EX] Medicaid
(C1) Other agency administering insurance affordability programs
The CHIP Agency has entered into an agreement with agencies administering other insurance affordability programs to fulfill the O requirements of 457.348(b) and will provide this agreement to the Secretary upon request.
PRA Disclosure Statement
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
V.20130709
JUN 147 2014
SPA# VA-13-0018 Approval Date: Effective Date: October 1, 2013 Page 2 of 2
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< e %) ,; COVE!
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Application for Health Coverage & Help Paying Costs
THINGS TO KNOW
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Use this application to see what coverage choices you qualify for
Who can use this application?
Apply faster online
What you may need to apply
Why do we ask for this information?
What happens next?
Get help with this application
* Free or low-cost insurance from Medicaid, FAMIS or Plan First
«Affordable private health Insurance plans that offer comprehensive coverage to help you stay well
* Anew tax credit that can immediately help pay your premiums for health coverage
You may qualify for a low-cost program even if you earn as much as $94,000 a year (for a family of 4).
* Use this application to apply for anyone in your family.
* Apply even if you or your child already has health coverage. You could be eligible for lower-cost or free coverage.
* Families that include immigrants can apply. You can apply for your child even if you aren't eligible for coverage. Applying won't affect your immigration status or chances of becoming a permanent resident or citizen.
* if someone is helping you fill out this application, you may need to complete Appendix C.
+ Ifyou are disabled and/or need assistance with nursing home or community based care, you may need to complete Appendix D.
Apply faster online at commonheip.virginia.gov. For more information about Medicaid, FAMIS and Plan First visit
goverva.org.
* Social Security Numbers (or document numbers for any legal immigrants who need insurance)
* Employer and income Information for everyone in your family (for example, from paystubs, W-2 forms, or wage and tax statements)
* Policy numbers for any current health insurance
* Information about any job-related health insurance available to your family
We ask about income and other information to let you know what coverage you qualify for and if you can get any help paying for it. We'll keep all the information you provide private and secure, as required by law.
If you use this paper application, send your complete, signed application to the local Department of Social Services in the city or county where
you live. They will follow up with you to obtain additional information. Your application should be processed within 45 days from the date it was received,
* Phone: Call Cover Virginia at 1-855-242-8282,
* In person: There may be application assisters in your area who can help. Visit our website at coverva.org or call 1-855-242-8282 for more information.
* £n Espaftol: Llame a nuestro centro de ayuda gratis al 1-855-242-8282.
NEED HELP WITH YOUR APPLICATION? Visit coverva.org or call us at 1-855-242-8282. Para obtener una copia de este formulario en Espafiol, lame 1-855-242-8282. If you need help in a language other than English, call 1-855-242-8282 and tell the customer service representative the language you need. We'll get you help at no cost to you. TTY users should call 1-888-221-1590,
10/1/2013
vod
Cover Page Effective Date: 10/01/2013
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Gi
G i P 1 | Tell us about yourself.
(We need one adult in the family to be the contact person for your application.)
1. First name, Middle name, Last name, & Suffix
2. Home address (Leave blank if you don't have one.) 3. Apartment or suite number 4, City 5. State 6. ZIP code 7. County
8. Mailing address (if different from home address) ” 9, Apartment or suite number 10, City 11, State 12. ZIP code 13. County
14, Phone number 15. Other phone number
( ) - ( ) =
16, Do you want to get information about this application by email? [Yes [No
Email address:
17, What is your preferred spoken or written language (if not English)?
| STEP 2 | Tell us about your family.
Who do you need to include on this application? Tell us about all the family members who live with you. If you file taxes, we need to know about everyone on your tax return. (You don’t need to file taxes to get health coverage).
DO Include: You DON'T have to include: * Yourself * Your unmarried partner who doesn't need health coverage » Your spouse * Your unmarried partner's children * Your children under 21 who live with you * Your parents who live with you, but file their own tax return * Your unmarried partner who needs health coverage (if you're over 21) * Anyone you include on your tax return, even if they don't * Other adult relatives who file their own tax return live with you * Anyone else under 21 who you take care of and lives with you
The amount of assistance or type of program you qualify for depends on the number of people in your family and their incomes. This information helps us make sure everyone gets the best coverage they can.
Complete Step 2 for each person in your family. Start with yourself, then add other adults and children. if you have more than 2 people in your family, you'll need to include copies of the Additional Person single page supplement form and attach them. You don't need to provide immigration status or a Social Security Number (SSN) for family members who don't need health coverage. We'll keep all the information you provide private and secure as required by law. We'll use personal information only to check if you're eligible for health coverage.
NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia website at coverva.org or call us at 1-855-242-8282, Para obtener una copia de este formulario en Espafiol, llame 1-855-242-8282. If you need help in a language other than English, call 1-855-242-8282 and tell the customer service representative the language you need. We'll get you help at no cost to you. TTY users should call 1-888-221-1590. Tor innee Page 1 of 8 Effective Date: 10/01/2013 Virg Al :
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Sia ee ele (Start with yourself)
' papaueuey norms suapmammmersaermeeramamns rasan Complete Step 2 for yourself, your spouse/partner and children who Tvewith you and/or anyone on your same federal Income tax return if you file one. See page 1 for more ‘formation about who to include. if you dont file a tax return, remember to still add family members who live
with you. 7. First name, Middle name, Last name, & Suffix 2. Relationship to you? SELF 3. Date of birth (mm/dd/yy) 4. Sex CF] Mate (] Female _ 5. Social Security number (SSN) —. + ee
We need this If you want health coverage and have an SSN. Providing your SSN can be helpful if you don’t want health coverage too since it can speed up the application pracess. We use SSNs to check income and other information to see who's eligible for heip with health coverage costs. if someone wants help getting an SSN, call 1-800-772-1213 or visit snclalsecurity.gay. TTY users should call 1-800-325-0778.
6. Do you pian to file a federal income tax return NEXT YEAR? —________{You-can-stilLapply fer health insurance everf yo i (1 Yes. if yes, please answer questions a-c. C1 No. tf no, skip to question c. a. Will you file jointly with a spouse? [Yes [No Hyes, name of spouse: b, Will you claim any dependents on your tax return? []yes CINo ee _—____htyes, list name(s) of dependents: _. ¢. Will you be daimed as a dependent on someone's tax return? [Yes []No If yes, please list the name of the tax filer: How are you related to the tax filer?
7. Are you pregnant? ([]Yes []No a. if yes, how many babies are expected during this pregnancy? —___ Expected due date: —.._
CO ves. tfyes, answer all the questions below. 4)
(1 NO. t? no, SKIP to the income questions on page 3. (1 YES. if not eligible for full coverage, do you wish to be Leave the rest of this page blank. 6 evaluated for Plan First (family planning coverage only)?
9. Do you have a physical, mental, or emotional heaith condition that causes limitations in activities (like bathing, dressing, daily —-—-—-----__cheres, ete} oF live in-a medical facility or nursing heme? [}¥es—(] Ne- —-
10, Are you a US. citizen or U.S. national? ClYes [INo 11. Ifyou aren't a U.S, citizen or U.S. national, do you have eligible immigration status? (ves. Fill in your document type and 1D number below. a, Immigration document type —_.________ b. Document ID number
¢. Have you lived in the U.S. since 1996? Clyes [No d, Are you, or your spouse or parent a veteran or an active-duty rs member of te US. military? Llves LINo
12, Do you want help paying for medical bills from the last 3 months? [JYes [C]No 13. Do you live with at least one child under the age of 19, and are you the main person taking care of this chiid? [lyes [No
i = ewe a tava aa saa Please answer the following questions [f you are 18 or younger: ______.___14,_Did you have Insurance that ended within the past 4 months? []ves []No _ reer a ist of ee a. ifyes, enddate:__...._ sb, Reason the Insurance ended: see aes 6. 15. Are you a full-time student? []¥es []No 16. Were you in foster care in Virginia at age 18 or older? Clyes [].No
17. If Hispanic/Latino, ethnicity (OPTIONAL—check all that apply.) Cimexican []MexicanAmerican (Ichicano/a (C]Puerto Rican Clcuban Clother
White oO American indian or Alaska Filipino Vietnamese Guamanian or Chamorro
Black or African Native Japanese Other Asian Samoan
American Asian indian C] Korean Native Hawalian Other Pacific stander Chinese - Other.
NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia website at Coverva.org or call us at 1-855-242-8282. Para obtener una copia de este formulario en Espafiol, lame 1-855-242-8282, If you need help in a language other than English, call 1-855-242-8282 and tell the eed_We'll pet you help at no-cost to}
customer service representative the janguage youn
10/1/2013 Page 2 of 8
Effective Date: 10/01/2013 virgita Attemative Single ouvenn.. , «per Application-3
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* asee) Nap (Continue with yourself) Current job & income Information
(2 Employed (1 Not employed OO Self-employed If you're currently employed, tell us Skip to question 29. Skip to question 28. about your income. Start with question 19, CURRENT JOB 1: 19. Employer name and address 20. Employer phone number
21. Wages/tips (before taxes) [“JHourly [_]Weekly [lévery2weeks [ltwiceamonth []Monthly Clearly ~~ $ _— 22. Average hours worked each WEEK
CURRENT JOB 2: (If you have more jobs and need more space, attach another sheet of paper.) 23. Employer name and address ic Employer phone number
( ) -
25. Wages/tips (before taxes) [Hourly []Weekly []évery2 weeks []twicea month (] Monthly [yearly $e 26. Average hours worked each WEEK
27.1n the past year, did you: [[] Change jobs (] Stop working [7] Start working fewer hours {_] None of these
28. If self-employed, answer the following questions:
a. Type of work b. How much net income (profits once business expenses are paid) wilt you get from this self-employment this month?
$2
29. OTHER INCOME THIS MONTH: Check all that apply, and give the amount and how often you get it. NOTE: You don't need to tell us about child support, veteran’s payment, or Supplemental Security income (SSI). Cl None
[Unemployment $ How often? C1 net farming/fishing $ How often? ClPensions $ How often? _ Cnet rental/royalty $ How often? O)sociat Security $___ Howoften?_______—»— LJ Other income $ How often? CJRetirement accounts $______ Howoften?____ Type:
ClAlimony received $_.___. How often? .____
30. DEDUCTIONS: Check all that apply, and give the amount and how often you get it.
If you pay for certain things that can be deducted on a federal income tax return, telling us about them could make the cost of health coverage alittle lower.
NOTE: You shouldn't include a cost that you already considered in your answer to net self-employment (question 27b). CAlimony paid $—.._. How often? ___ (Clother deductions $ How often? Cistudent loan interest = $ __ How often? Type:
31. YEARLY INCOME: Complete only if your income changes fram month to month. If you don’t expect changes to your monthly income, skip to the next person. ©}
Your total income this year Your total income next year (if you think it will be different)
$ $ THANKS! This is all we need to know about you.
NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia website at coverva,org or call us at 1-855-242-8282. Para obtener una copia de este formulario en Espafiol, lame 1-855-242-8282. If you need help in a language other than English, call 1-855-242-8282 and tell the customer service representative the language you need. We'll get you help at no cost to you. TTY users should call 1-888-221-1590. 10/1/9972 Page 3 of 8 wees . Effective Date: 10/01/2013 Virginia Alternative Single Streamlined Paper Application-4
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STEP 2: PERSON 2
Complete Step 2 for your spouse/partner, and children who live with you and/or anyone on your same federal income tax return if you file one. See page 1 for more information about who to include. if you dontt file a tax return, remember to still add family members who live with you.
“T First name, Middle name, Last name, & Suffix 2. Relationship to you?
SE bate oF bin immniddiyyy) f4.Sex ClMale C]female -
{ 5, Social Security number (SSN) —— — — - _. - We need this if you want health coverage and have an SSN. 6, Does PERSON 2 live at the same address as you? Clyes []No if na, list address: 7, 2008 PERSON 2 plan to file a federal income tax return NEXT YEAR? {You can still apply for health insurance even if you don't file a federal income tax return.) (YES. if yes, please answer questions a-c. CINO. If no, skip to question c. a. Will PERSON 2 file jointly with a spouse? [Yes [No ff yes, name of spouse: b. Will PERSON 2 claim any dependents on his or her tax return? Clyes [JNo ¢. Will PERSON 2 be claimed as a dependent on someone's tax retum? []Yes CINo i yes, please list the name of the tax filer: How is PERSON 2 related to the tax filer?
8. ts PERSON 2 pregnant? [Yes []No a. if yes, how many babies are expected during this pregnancy?
9, Does PERSON 2 need health coverage? {Even if they have Insurance, there might be a program with better coverage or lower costs.)
(1) ves. ityes, answer all the questions below. 4) 1 No. tf no, SKIP to the income questions on page 5. >]
C1 VES. tf not eligible for full coverage, do you wish to be Leave the rest of this page blank, evaluated for Plan First (farnily planning coverage only)?
€xpected due date:
10, Does PERSON 2 have a physical, mental, or emotional health condition that causes limitations in activities (like bathing, dressing, daily ________ chores, etc) or live in.a medical facility or nursing home? [lyes_[1No 11, Is PERSON 2 a US. citizen or U.S. national? Cl¥es C1No 12. Hf PERSON 2 isn’t a US. citizen or U.S, national, do they have eligible immigration status? 1 Yes. Fill in their document type and ID number betow. a. Document type b. Document ID number
c. Has PERSON 2 lived in the U.S, since 1996? C]yes [1] No d. Is PERSON 2, or their spouse or parent a veteran or an active- _. duty. member in the U.S_ military? Clyes_(CiNo
13, Does PERSON 2 want help paying for 14. Does PERSON 2 live with at least one child under | 15. Was PERSON 2 in foster care in medical bills from the last 3 months? the age of 19, and are they the main person Virginia at age 18 or older? Clves CINo taking care of this child? ves [No Oyes CINo Please answer the following questions if PERSON 2 Is 18 or younger: __... 16. Did PERSON. 2 have insurance that ended within the past 4 months? ([]ves []No *For a list of a. yes, end date; sb. Reason the insurance ended: reasons, pease
17. Is PERSON 2 a full-time student? Clyes CINo
18. if Hispanic/Latino, ethnicity (OPTIONAL—check all that apply.) (Cimexican [Mexican American []chicanofa (Puerto Rican [Jcuban (] other
19, Race (OPTIONAL —check aff that apply.)
() white (J American indian or Alaska [1] Filipino (1 Vietnamese CJ Guamanian or Chamorro C1 Black or African Native D Japanese C1 Other Asian (1 Samoan American CO Asian indian ( Korean (CI Native Hawaiian (1 Other Pacific slander (1 Chinese (1 other
NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia website at coverva.org or call us at 1-855-242-8282. Para obtener una copia de este formulario en Espafiol, lame 1-855-242-8282. If you need help in a language other than English, call 1-855-242-8282 and tell the
_..._ Customer senvice representative the language you need, We'll get you help at no.cost to you. TTY users should call 4-888-221-1590 VO/V/INIA Page 4 of 8
Effective Date: 10/01/2013 Virginia Altemative Single Streamlined Paper Appucation-5
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@
TEP 2: PERSON 2 Current Job & Income Information
C1 Employed 1 Not employed O Self-employed \f PERSON 2 is currently employed, Skip to question 30. Skip to question 29, tell us about their income. Start with question 20.
CURRENT JOB 1: 20. Employer name and address fa Employer phone number
22, Wages/tips (before taxes) []Hourly []Weekly [Every 2 weeks [] Twice a month [] Monthly o Yearly :
23, Average hours worked each WEEK
CURRENT JOB 2: (if PERSON 2 has more jobs and needs more space, attach another sheet of paper.) 24, Employer name and address 25. Employer phone number
26. Wages/tips (before taxes) []Hourly []Weekly Cl every 2 weeks, Oo Twice a month CI Monthly [] Yearly oo $
27. Average hours worked each WEEK
28. in the past year, did PERSON 2: [1] Change jobs [1 Stop working [1 Start working fewer hours [_] None of these
29. if self-employed, answer the following questions:
a. Type of work b. How much net income {profits once business expenses are paid) will PERSON 2 get from this self-employment this month?
$
30. OTHER INCOME THIS MONTH: Check ail that apply, and give the amount and how often they get it. NOTE: You don’t need to tell us about child support, veteran's payment, or Supplemental Security Income (SSi). None
(1 Unemployment $__..._ Howoften?_._____. _ _(C)Net farming/fishing $$ How often? CPensions $____ Howoften?_.__——t—<t«é‘~dSS Nett reentai/rcnyzaalty $ How often?
(Social Security $____._ How often? _. (1 other incorne $ How often? (Retirement accounts $_....._.._ How often? ___._=_ Type: ———____________..__
CJaAlimony received $_.__- Howoften?_
31. DEDUCTIONS: Check all that apply, and give the amount and how often they get it.
If PERSON 2 pays for certain things that can be deducted on a federal income tax return, telling us about them could make the cost of health coverage a little lower.
NOTE: You shouldn't include a cost that you already considered in the answer to net self-employment (question 29b). ClAlimony paid $_______ How often? ._=>_E (Other deductions $ How often? Cistudent foan interest $.—.._ How often? Type:
32. YEARLY INCOME: Complete only if PERSON 2's income changes from month to month. If you don’t expect changes to PERSON 2‘s monthly income, add another person or skip to the next section.
“PERSON 2's total income this year PERSON 2's total income next year (if you think it will be different) $ $
THANKS! This is all we need to know about PERSON 2. tf you have more than two people to include, complete the Additional Person single page supplement form.
NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia website at Coverva.org or call us at 1-855-242-8282. Para obtener una copia de este formulario en Espafiol, llame 1-855-242-8282, if you need help in a language other than English, call 1-855-242-8282 and tell the customer service representative the language you need. We'll get you help at no cost to you. TTY users should call 1-888-221-1590.
10/1/2012 Page 5 of 8
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American Indian or Alaska Native (Al/AN) family member(s)
1. Are you or is anyone in your family American indian or Alaska Native? CII No, skip to Step 4. CO Yes. if yes, go to Appendix B.
| STEP 4 | Your Family's Health Coverage
Answer these questions for anyone who needs health coverage.
1. Is anyone enrolled in health coverage now from the following? (Es. If yes, check the type of coverage and write the person(s)’ name(s) next to the coverage they have. (INO.
C1 Medicaid CI Employer insurance ~
0 Famis Name of health insurance:
CO Plan First Policy number:
; Is this COBRA coverage? [les [No
C1 Medicare Is this a retiree health plan? (JYes CINo
C1 TRICARE (Don't check if you have direct care or Line of Duty) O other Name of health insurance:
( veterans Administration health care programs Policy number: is this a limited-benefit plan (like a school accident policy)? Cves CINo
O Peace Corps
O Marketplace.
2. Is anyone listed on this application offered health coverage from a job? Check yes even if the coverage is from someone else's job, such as a parent or spouse.
CVVEs. if yes, you'll need to complete and include Appendix A. Is this a state employee benefit plan? Clyes (] No CINO. if no, continue to Step 5.
* REASONS CHILD'S HEALTH INSURANCE ENDED: 1 Parent or stepparent changed jobs or stopped employment and no other employer contributes to the cost of family coverage. 2 Parent or stepparent’s employer stopped contributing to the cost of family coverage and no other employer contributes to the cost of family coverage. 3 insurance company discontinued coverage because child is uninsurable. 4 Cost of insurance exceeded 10% of monthly income (before taxes). 5 insurance stopped/dropped by someone other than parent or stepparent living with child. 6 Stopped/dropped a COBRA policy. 7 Other.
PRA Disclosure Statement
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number, The valid OMB control number for this information collection is 0938-1191, The time required to complete this information collection is estimated to average {insert Time (hours or minutes} per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. ff you have comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia website at Coverva.org or call us at 1-855-242-8282. Para obtener una copia de este formulario en Espafiol, Ilame 1-855-242-8282. if you need help in a language other than English, call 1-855-242-8282 and tell the customer service representative the language you need. We'll get you help at no cost to you. TTY users should call 1-888-221-1590. 10/1/2013 Page 6 of 8 Effective Date: 10/01/2013 Virginia Altemative Singie ouvarmnted Paper Application-7
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| STEP 5 | Read & sign this application.
+ I'm signing this application under penalty of perjury which means I've provided true answers to all the questions on this form to the best of my knowledge. | know that | may be subject to penalties under federal law if t provide false and or untrue information,
* understand that for individuals enrolled in managed care, a premium is paid each month to the MCO for the person's coverage. If the child or pregnant woman is not eligible for FAMIS, FAMIS Plus, FAMIS MOMS, or Medicaid because | did not report truthful information or failed to report required changes in my family size or income, | may have to repay the monthly premiums paid to the MCO. | may have to repay these premiums even if no medical services were received during those months.
+ [know that | must tell the local Department of Social Services if anything changes and is different than what | wrote on this application. | can visit www.commonhelp to report any changes. | understand that a change in my information could affect the eligibility for member(s) of my household.
* know that under federal law, discrimination isn’t permitted on the basis of race, color, national origin, sex, age, sexual orientation, gender identity, or disability. | can file a complaint of discrimination by visiting www.hhs,gov/ocr/office/file.
» | confirm,that no one applying for health insurance on this application is incarcerated (detained or jailed). If not,
is incarcerated.
(name of person) We need this information to check your eligibility for help paying for health coverage if you choose to apply. We'll check your
answers using information in our electronic databases and databases from the Internal Revenue Service (IRS), Social Security, the
Department of Homeland Security, and/or a consumer reporting agency. If the information doesn’t match, we may ask you to send us proof,
Renewal of coverage in future years
To make it easier to determine my eligibility for help paying for health coverage in future years, | agree to allow the Medicaid or FAMIS programs or the Marketplace to use income data, including information from tax returns. | understand that | will receive notification of the outcome of my renewal. | understand that | can opt out at any time.
Yes, renew my eligibility automatically for the next
O15 years (the maximum number of years allowed), or for a shorter number of years:
04 years (13 years O2 years Otyear O)Don't use information from tax returns to renew my coverage.
if anyone on this application is eligible for Medicaid
* {am giving to the Medicaid agency our rights to pursue and get any money from other health insurance, legal settlements, or other third parties. | am also giving to the Medicaid agency rights to pursue and get medical support from a spouse or parent.
» Does any child on this application have a parent living outside of the home? Oyes CNo
* Ifyes, | know | will be asked to cooperate with the agency that collects medical support from an absent parent. if | think that cooperating to collect medical support will harm me or my children, | can tell Medicaid and | may not have to cooperate.
My right to appeal If think Medicaid, FAMIS or Plan First has made a mistake | can contact them at www.coverva.org or call 1-855-242-8282. Instructions for filing an appeal will be included on my notice and are also available on the coverva.org website.
If | think the Health Insurance Marketplace has made a mistake, | can appeal its decision. To appeal means to tell someone at the Health insurance Marketplace that | think the action is wrong, and ask for a fair review of the action. | know that | can find out how to appeal by contacting the Marketplace at 1-800-318-2596. | know that I can be represented in the process by someone other than myself, My eligibility and other important information will be explained to me.
Sign this application. The person who filled out Step 1 should sign this application. if you're an authorized representative you " may sign here, as long as you have provided the information required in Appendix C.
Signature Date (mm/dd/yyyy)
Gos Mail completed application.
Mail your signed application to: The local Department of Social Services in the city or county in which you live
As a citizen of the Commonwealth of Virginia, we are required to provide you with the opportunity to register to vote when applying for benefits. if you are not already registered and you want to register to vote, you can complete a voter registration form at www.sbe.virginia.gov.
NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia website at Coverva.org or call us at 1-855-242-8282. Para obtener una copia de este formulario en Espafiol, lame 1-855-242-8282. If you need help in a language other than English, call 1-855-242-8282 and tell the customer service representative the language you need. We'll get you help at no cost to you. TTY users should call 1-888-221-1590. oye 7042 Page 7 of 8 : Effective Date: 10/01/2013 Virginia Altemative Single Streamlined Paper Application-8
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nsent to Share User Profile Information The Virginia Department of Social Services (VDSS) would like to use some of the personal information that you have provided on your application about you and your dependents to create your User Profile. VDSS is asking for permission to share your User
Profile electronically with the state agencies listed below. Each agency will be told when you make a change to the information in your User Profile. This will allow you to save time by only providing User Profile information once when visiting these agencies.
Legal notice The data being shared
Your User Profile will only be created if you agree to share it and you are eligible for assistance. Your User Profile will contain first name, last name, middle initial, suffix (r., Sr., etc.), current home address, date of birth, Social Security Number and Medicaid identification number (if applicable), email address, home phone, driver's license ID and cell phone number. However, you can share your User Profile without sharing your Social Security number; this will not affect your eligibility. Your Medicaid identification number will only be shared with VDSS and your local department of social services. Because the User Profile is based on your application for assistance, the agencies named below also will know that you are receiving assistance.
Agencies included and Allowed Use
Below are the agencies that will get your information. The reasons they have requested your User Profile and what they will be allowed to do with your User Profile are listed.
Sharing your User Profile will allow them to update the information in their computers, saving taxpayer dollars. It may save you a visit to one of these agencies because your information has been changed electronically.
The Department of Motor Vehicles (DMV) would Ike a copy of your User Profile when it changes. DMV can change your address for cars you own or driver's license/identification card information they have for you. They will send you a card automatically through the mail to complete this update.
The Virginia Information Technologies Agency (VITA) operates an electronic system known as Enterprise Data Management (EDM). EDM contains data that you have already provided to DMV for your driver's license or identification card. If you give permission to share your User Profile, EDM will match the DMV data and your User Profile, and share this information with your focal department of social services and DMV. If the data does not match, DMV or your lacal department of social services may contact you to confirm the information. Email address, home phone number, cell phone number and Medicaid identification number may be reviewed by a local department of social services worker inside EDM to identify possible duplicate User Profiles.
If you choose not to share your User Profile
Your information will remain only with the Department of Social Services, Choosing not to share your User Profile will not affect your eligibilityfor assistance.
Social Security Number
Including your Social Security Number (SSN) in your User Profile is your choice. The SSN is used to match your User Profile with DMV data in EDM easily. Your SSN is kept confidential.
Dependents
This request is for your own User Profile and for the User Profile of any person who is your legal dependent, including your children under age 18, any person for whom you serve as legal guardian, or any other person for whom you have the authority to agree to share information.
To stop sharing of your User Profile
You can stop sharing your User Profile at any time by going to www.commonhelp.virginia.gov and changing your decision to share. You can also change your decision to share your User Profile by visiting your local department of social services.
How long consent to share lasts
Your permission to share your User Profile will remain active for one (1) year from the date you approve, unless you change your decision to share sooner. Your agreement for any minor child who turns 18 will be stopped on the date of the child’s 18th birthday. That individual then will be asked to agree to share his information.
You will be asked to share your information every time you make a change to the information that is used in your User Profile.
Giving Consent
| have reviewed the Consent language contained here and hereby authorize the Commonwealth to:
O Share my User Profile with the specified agencies. include Social Security Number when creating my User Profile.
C1 My User Profile can be shared with the specified agencies, but do not include Social Security Number when creating my User Profile.
(1) Do not allow my User Profile to be shared.
NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia website at Coverva.org or Call us at 1-855-242-8282. Para obtener una
copia de este formulario en Espafiol, llame 1-855-242-8282. If you need help in a language other than English, call 1-855-242-8282 and tell the
customer service representative the language you need. We'll get you help at no cost to you. TTY users should call 1-888-221-1590.
10/1/2013 Page 8 of 8 “ ” Effective Date: 10/01/2013
Virginia Altemative Single Streamlined Paper Application-9
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APPENDIX A Ce rc
Health Coverage from Jobs
You DONT need to answer these questions unless someone in the household is eligible for health coverage from a job. Attach a copy of this page for each job that offers coverage.
Tell us about the job that offers coverage.
Take the Employer Coverage Tool on the next page to the employer who offers coverage to help you answer these questions. You only need to include this page when you send in your application, not the Employer Coverage Tool.
EMPLOYEE Information
1. Employee name (First, Middle, Last)
2. Employee Social Security number
EMPLOYER Information 3, Employer name
4, Employer Identification Number (EIN)
6. Employer phone number C ) - 7. City 8, State 9, ZIP code
5, Employer address
10. Who can we contact about employee health coverage at this job?
11, Phone number (if different from above) 12. Email address
C ) =
13. Are you currently eligible for coverage offered by this employer, ar will you become eligible in the next 3 months? Cl yes (continue)
13a. If you're in a waiting or probationary period, when can you enrolt in coverage? we on (mm/dd/yyyy) List the names of anyone else who is eligible for coverage from this job.
Name: Name: Name:
Ono (Stop here and go to Step 5 in the application)
Tell us about the health pian offered by this employer.
14. Does the employer offer a health plan that meets the minimum value standard*? [Jyes (No
15. For the lowest-cost plan that meets the minimum value standard* offered only to the employee (don't include family plans): ” if the employer has wellness programs, provide the premium that the employee would pay if he/ she received the maximum discount for any tobacco cessation programs, and did not receive any other discounts based on wellness programs.
a, How much would the employee have to pay in premiums for this plan? $ b. How often? Cl weekly Clevery2 weeks Cltwicea month Clonceamonth Cl quarterly Cl yearly
16, What change will the employer make for the new plan year (if known)? C1 employer won't offer health coverage
Clempioyer will start offering health coverage to employees or change the premium for the lowest-cost plan available only.to the employee that meets the minimum value standard.
* (Premium should reflect the discount for wellness programs. See question 15.) a. How much will the employee have to pay in premiums for that plan? $
b. How often? Cl weekly Clevery 2 weeks Ctwicea month Clonceamonth (1) quarterly OH yeariy Date of change (mm/dd/yyyy):
*an employer-sponsored health plan meets the “minimum value standard" if the plan's share of the total allowed benefit costs covered by the plan is no less than 60 percent of such costs (Section 368(c)(2)(CXii) of the Internal Revenue Code of 1986)
NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia website at coverva.org or call us at 1-855-242-8282, Para obtener una copia de este formulario en Espaiiol, llame 1-855-242-8282, If you need help in a language other than English, call 1-855-242-8282 and tell the customer service representative the language you need. We'll get you help at no cost to you. TTY users should call 1-888-221-1590.
10/1/2013
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EMPLOYER COVERAGE TOOL Ceram,
Use this tool to help answer questions in Appendix A about any employer health coverage that you're eligible for (even if it's from another person's job, like a parent-or spouse). The information in the numbered boxes below match the boxes on Appendix A. For example, the answer to question 14 on this page should match question 14 on Appendix A.
Write your name and Social Security number in boxes 1 and 2 and ask the employer to fill out the rest of the form. Complete one tool for each employer that offers health coverage.
EMPLOVEE information The employee needs to fill out this section. 1. Employee name (First, Middle, Last) 2. Social Security Number EMPLOYER information Ask the employer for this information. 3. Employer name 4. Employer Identification Number (EIN) 5, Employer address (the Marketplace will send notices to this address) 6, Employer phone number — ( ) - 7. City 8. State 9. ZIP code
10, Who can we contact about employee health coverage at this job?
11, Phone number (if different from above) | 12. Emall address () -
13. Is the employee currently eligible for coverage offered by this employer, or will the employee be eligible in the next 3 months? CJ ¥es (continue)
13a. If the employee is not eligible today, including as a result of a waiting or probationary period, when is the employee eligible for coverage? (mmidd/yyyy) (Continue)
Cino (STOP and return this form to employee)
Tell us about the health plan offered by this employer.
Does the employer offer a health plan that covers an employee's spouse or dependent? CYes. Which people? []Spouse [] Dependents) [No (Go to question 14)
14. Does the employer offer a health plan that meets the minimum value standard*? (Yes (Go to question 15) [1] No (STOP and return form to employee)
15, For the lowest-cost plan that meets the minimum value standard* offered only to the employee (don't include family plans): If the employer has wellness programs, provide the premium that the employee would pay if he/ she received the maximum discount for any tobacco cessation programs, and didn’t receive any other discounts based on wellness programs.
a. How much would the employee have to pay in premiums for this plan? $ b. How often? C] weekly Cl every 2weeks Citwicea month CJonceamonth [] Quarterly [1 Yearly
if the plan year will end soon and you know that the health plans offered will change, go to question 16. If you don't know, STOP and return
form to employee.
46. What change will the employer make for the new pian year?
Cl employer won't offer health coverage
Cemployer will start offering health coverage to employees or change the premium for the lowest-cost plan available only to the employee that meets the minimum value standard.
* (Premium should reflect the discount for wellness programs. See question 15.} a. How much will the employee have to pay in premiums for that plan? $_-__ b. How often? Cl weekly Clevery 2weeks C]twicea month Clonceamonth Cl quarterly 0 yearly Date of change (mmv/dd/yyyy):
*An employer-sponsored health plan meets the “minimum value standard” if the plan’s share of the total allowed benefit costs covered by the plan is no less than 60 percent of such costs (Section 36B(c2\(CXii) of the Internal Revenue Code of 1986) NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia website at coverva.org or call us at 1-855-242-8282. Para obtener una copia de este formulario en Espafiol, lame 1-855-242-8282. If you need help in a language other than English, call 1-855-242-8282 and tell the customer service representative the language you need. We'll get you help at no cost to you. TTY users should call 1-888-221-1590. 10/1/2013 . Effective Date: 10/01/2013 virginia Altemative Single Streamined Paper Application-11
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APPENDIX B Ghee
American Indian or Alaska Native Family Member (AI/AN)
Complete this appendix if you or a family member are American Indian or Alaska Native. Submit this with your Application for Health Coverage & Help Paying Costs.
Tell us about your American indian or Alaska Native family member(s).
American Indians and Alaska Natives can get services from the Indian Health Services, tribal health programs, or urban Indian health programs. They also may not have to pay cost sharing and may get special monthly enroliment periods. Answer the following questions to make sure your family gets the most help possible.
NOTE: If you have more peopie to include, make a copy of this page and attach.
AI/AN PERS AI/AN PERSON 2 1. Name First Middle First Middle (First name, Middle name, Last name) Last Last 2. Member of a federally recognized tribe? Clyes Clves if yes, tribe name If yes, tribe name CINo (CINo 3. Has this person ever gotten a service fromthe | []yes Clves Indian Health Service, a tribal health program, or urban Indian health program, or thraugha | CJNo CiNno referral from one of these programs? If no, is this person eligible to get If no, is this person eligible to get services from the Indian Health Service, services from the indian Health Service, tribal health programs, or urban Indian tribal health programs, or urban Indian health programs, or through a referral health programs, or through a referral from one of these programs? from one of these programs? Oyes CINo Oves CINo 4. Certain money received may not be counted $ $ for Medicaid, FAMIS or Plan First. List any income (amaunt and how often) reported on How often?___._. How often? __
your application that includes money from
these sources:
+ Per capita payments fram a tribe that come from natural resources, usage rights, leases, or royalties
* Payments from natural resources, farming, ranching, fishing, leases, or royalties from land designated as Indian trust land by the Department of Interior (including reservations and former reservations)
+ Money from selling things that have cultural significance
NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia website at coverva.org or call us at 1-855-242-8282. Para obtener una copia de este formulario en Espanol, lame 1-855-242-8282. If you need help in a language other than English, call 1-855-242-8282. and tell the customer service representative the language you need. We'll get you help at no cost to you. TTY users should call 1-888-221-1590 .
1/2013
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APPENDIX C erm.
Assistance with Completing this Application You can choose an authorized representative.
You can give a trusted person permission to talk about this application with us, see your information, and act for you on matters related to this application, including getting information about your application and signing your application on your behalf. This person is called an “authorized representative.” If you ever need to change your authorized representative, contact the local
Department of Social Services. If you're a legally appointed representative far someone on this application, submit proof with the application,
1, Name of authorized representative (First name, Middle name, Last name)
2. Address 3. Apartment or suite numper
4. City 5. State 6. ZIP code
7, Phone number () -
8. Organization name
9. ID number (if applicable)
By signing, you allow this person to sign your application, get official information about this application, and act for you on all future matters with this agency.
10. Your signature 11. Date (mm/dd/yyyy)
For certified application counselors, navigators, agents, and brokers only.
Complete this section if you're a certified application counselor, navigator, agent, or broker filling out this application for somebody else.
1, Application start date (mm/dd/yyyy)
2. First name, Middle name, Last name, & Suffix
3. Organization name 4. 1D number (if applicable)
NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia website at coverva.org or Call us at 1-855-242-8282. Para obtener una copia de este farmulario en Espafiol, ame 1-855-242 8282. if you need help in a language other than English, call 1-855-242-8282 and tell the customer service representative the language you need. We'll get you help at no cost to you. TTY users should call 1-888-221-1590.
1/701
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ma STEP 2: ADDITIONAL PERSON
Name from STEP 1
Complete Step 2 for your spouse/partner, and children who five with you and/or anyone on your same federal income tax return if you file one. See page 1 for more information about who to Include, if you don't file a tax return, remember to still add farnily members who live with you.
7 First name, Middie name, Last name, & Suffix
2. Relationship to you?
3, Bate of birth-(mmiddfyyyy)———
ta. sex hare Ci remate
5. Social Security number (SSN) —_. —_ — - —. +. -- We need this H you want health coverage and have an SSN, 6. Does this PERSON live at the same address as you? []yes []No i no, list address: —————_# Boes this PERSON pint to file a federat income tax return NEXT YEAR? — {You can still apply for health insurance even if you don't file a federal income tax return.) CIVES. if yes, please answer questions a-c. a. Will this PERSON file jointly with a spouse? []yes [No if yes, name of spouse: b. Will this PERSON claim any dependents on his or her tax return? [Jves (No iF yas, list name(s) of dependants:
CINO. if no, skip to question c.
¢. Will this PERSON be claimed as a dependent on someone's tax return? [Yes []No if yes, please list the name of the tax filer:
How is this PERSON related to the tax filer?
8. Is this PERSON pregnant? [] Yes [[]No a. tf yes, how many babies are expected during this pregnancy? 2
(Even If they have insurance, there might be a program with better coverage or lower costs.)
(1 ves. tyes, answer all the questions below.
Expected due date;
C1 No. if no, SKIP to the income questions on next page. to» ] ve tl st of this page blank. C1 ves. if not eligible for full coverage, do you wish to be Leave the rest of this page blan!
evaluated for Pian First (farnily planning coverage only)?
10. Does this PERSON have a physical, mental, or emotional health condition that causes limitations in activities (like bathing, dressing, dally — ----cheres; ete} ortivein-a- medicalfaeility-or-nursing-ho
Ne
11. { this PERSON a U.S. citizen or U.S. national? [Yes (no :
12. I this PERSON isn’t a U.S. citizen or U.S. national, do they have eligible immigration status? (1 ves. Fill in their document type and 1D number below. a, Document type
¢. Has this PERSON lived in the U.S. since 19967 [Yes []no
b. Document iD number
d. Is this PERSON, or their spouse or Parent a veteran or an active-
duty member-in the-US-military? E] es—E]} No 13. Does this PERSON want help paying for | 14. Does this PERSON live with at least one child 15. Was this PERSON in foster care in medical bills from the last 3 months? under the age of 19, and are they the main Virginia at age 18 or older? Dlves CONno person taking care of this child? Cves (No Clves CINo Please answer the following questions if this PERSON ts 18 or younger:
-—-46--Did-this PERSON-have insurance-that ended-within the past 4- months? Cly¥es_L] No a. if yas, end date:
*For a list of b. Reason the insurance ended:
reasons, please see page 6. 17. Is this PERSON a full-time student? Llyes (]No 18. iF Hispanic/Latino, ethnicity (OPTIONAL—check ‘ail that apply.) Cimexican (J MexicanAmerican []Chicano‘a (puerto rican C]cuban (Jother oe 19, Race (OPTIONAL —check afi that apply.) ( white (1 american indian or Alaska (J Filipino (J Vietnamese (J) Guamanian or Chamorro (0 Black or African Native 1 Japanese - (1 other Asian (J samoan American (0 Asian indian ( Korean (1 Native Hawaiian (1 other Pacific slander C1 Chinese 01 other NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia website at coverva.org or call us at 1-855-242-8282. Para obtener una
copia de-este formulario en Espaftol, lame 1-855-242-8282, if you need help in a language other than English, call 1-855-242-8282 and tell the ___....—-qustomer service representative the language you need_Welll get you help at no_cost-to you. TTY users should call 4-888-221-1590,____ 10/1/2013
Effective Date: 10/01/2013 virginia Additional Person Supplemental Application-1
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TEP 2: ADDITIONAL PERSON
Current Job & Income Information
C Employed (1 Not employed O Self-employed If this PERSON is currently employed, Skip to question 30. Skip to question 29. tell us about their income. Start with question 20.
CURRENT JOB 1: 20. Employer name and address 21, Employer phone number
( ) -
22. Wages/tips (before taxes) []Hourly []Weekly []évery 2weeks [] Twice amonth [Monthly [Yearly 23. Average hours worked each WEEK
CURRENT JOB 2; (If they have more jobs and need more space, attach another sheet of paper.) 24. Employer name and address 25. Employer phone number
26, Wages/tips (before taxes) [J Hourly []Weekly [Jevery 2weeks [] Twice amonth [] Monthly [yearly $ : 27. Average hours worked each WEEK
28. In the past year, did this PERSON: [[] Change jobs [7] Stop working [[] Start working fewer hours [] None of these
29. If self-employed, answer the following questions:
a. Type of work b. How much net income (profits once business expenses are paid) will this person get from this self-employment this month?
30. OTHER INCOME THIS MONTH: Check ail that apply, and give the amount and how often they get it. NOTE: You don't need to tell us about child support, veteran’s payment, or Supplemental Security Income (SSI). Cl None
Cl unempioyment $.. How often? __. Cnet farming/fishing —$. How often? O)Pensions $.._.. _Howoften?_.. (1 Net rental/royalty $ How often? Csociat Security $_ ss Howoften?__ (1 other income $ How often? Ciretirement accounts $_--__._ How often?____ Type: ——____._-___.
QAlimony received $ How often? —___ —
31. DEDUCTIONS: Check all that apply, and give the amount and how often they get it.
If this PERSON pays for certain things that can be deducted on a federal income tax return, telling us about them could make the cost of health coverage a little lower.
NOTE: You shouldn't include a cost that you already considered in your answer to net self-employment (question 29b). DAlimony paid $._.- How often? __ Clother deductions $ How often? Cistudenttoan interest $____.__ How often? Type:
32. YEARLY INCOME: Complete only If this PERSON’s Income changes from month to month. If you don’t expect changes to this PERSON's monthly income, add another person or skip to the next section.
This PERSON's total income this year This PERSON's total income next year (if you think it will be different) $ $
THANKS! This is all we need to know about this PERSON. if you have more people to include, complete another Additional Person single page supplement form.
NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia website at coverva.org or call us at 1-855-242-8282. Para obtener una copia de este formulario en Espafioi, lame 1-855-242-8282. If you need help in a language other than English, call 1-855-242-8282 and tell the customer service representative the language you need. We'll get you help at no cost to you. TTY users should call 1-888-221-1590. 10/1/2072
- ; Effective Date: 10/01/2013 Virginia Additional Person Supplemental Application-2
(spa)(va-13-0019-mc5)(approval-package)Virginia CHIP SPA VA-13-0019-MC5: Approval Package (approved November 18, 2013, effective January 1, 2014)#
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_____________________________________________________________________________ Table of Contents State/Territory Name: Virginia State Plan Amendment (SPA) #: VA-13-0019 This file contains the following documents in the order listed: 1) Approval Letter 2) SPA Summary Form 3) Approved SPA Pages The complete title XXI state plan for Massachusetts consists of the most recent state plan posted on Medicaid.gov under CHIP and State Plan Amendments. The link is provided below. The following approved templates are in addition to, or replace sections of the state’s posted current state plan. The attached approval letter(s) explain how these templates fit into that state plan. Link to state title XXI state plans and amendments: http://medicaid.gov/Medicaid-CHIP-Program-Information/By- Topics/Childrens-Health-Insurance-Program-CHIP/CHIP-State-Program-Information.html
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DEPARTMENT OF HEALTH & HUMAN SERVICES aaa Centers for Medicare & Medicaid Services 7500 Security Boulevard, Mail Stop: 82-26-12 Baltimore, Maryland 21244-1850
CENTERS FOR MEDICARE & MEDICAID SERVICES CENTER FOR MEDICAID & CHIP SERVICES
Children and Adults Health Programs Group
NOV 18 2013
Rebecca Mendoza
Director, Division of Maternal and Child Health Virginia Department of Medical Assistance Services 600 East Broad Street, Suite 1300
Richmond, VA 23219
Dear Ms. Mendoza:
I am pleased to inform you that your Title XXI Children’s Health Insurance Program (CHIP) state plan amendments (SPA) VA-13-0017 and VA-13-19 submitted on October 6, 2013 and related to Modified Adjusted Gross Income (MAGI) Eligiblity have been approved with an effective date of January 1, 2014.
Establish 2101(f) Group:
SPA number VA-13-0017 provides coverage in Virginia’s separate CHIP, as specified in the state’s submission of CS14: Children Ineligible for Medicaid as a Result of the Elimination of Income Disregards. A copy of the approved state plan page (CS14) is attached, and should be incorporated within a separate subsection under Section 4.1 of Virginia’s approved CHIP state plan.
Non-Financial Eligibility:
SPA number VA-13-19 is approved to clarify the state’s non-financial eligibility policies on residency; citizenship; social security numbers; and other eligbility standards. We are approving this SPA in the absence of state plan page CS20. The state's non-financial eligibility policy on substitution of coverage will be submitted when the state legislature has met and approved the change to the waiting period: Copies of the approved state plan pages are attached and these approved pages supersede sections of Virginia’s current state plan as laid out below:
New State Plan Page Impact on Current State Plan Section
CS17: Non-Financial Eligibility — Residency Section 4.1.5
CS18: Non-Financial Eligibility — Citizenship Section 4.1.0; and 4.1-LR
CS19: Non-Financial Eligibility — Social Security | Section 4.1.9.1 Number
C823: Other Eligibility Standards Section 4.1.6; 4.1.7; 4.1.8; 4.1.9
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Page 2 - Ms. Rebecca Mendoza Your Title XXI project officer is Ms. Ticia Jones. She is available to answer questions concerning these amendments and other CHIP-related issues. Ms. Jones' contact information is as follows: Centers for Medicare & Medicaid Services Center for Medicaid & CHIP Services Mail Stop: S2-01-16 7500 Security Boulevard Baltimore, MD 21244-1850 Telephone: (410) 786-8145 Facsimile: (410) 786-5882 E-mail: Ticia.Jones@cms.hhs.gov If you have questions or wish to discuss this determination further, please contact Mr. Francis McCullough, Associate Regional Administrator (ARA) in our Philadelphia Regional Office. Mr. McCullough's address is: Centers for Medicare & Medicaid Services Division of Medicaid and Children's Health Operations Suite 216, The Public Ledger Building 150 Independence Mall West Philadelphia, PA 19106 Congratulations on the approval. We look forward to continuing to work with you and your staff toward the approval of your remaining MAGI Eligibility SPAs. If you have additional questions, please contact Ms. Linda Nablo, Director of the Division of State Coverage Programs, at (410) 786-5143. We look forward to continuing to work with you and your staff. Enclosure Sincerely, Eliot Fishman Director cc: Francis McCullough, ARA, CMS Region III, Philadelphia
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Children’s Health Insurance Program Eligibility
Control Panel
General Information
File Management Tribal Input
Summary
Children's Health Insurance Program Eligibility: Summary Page
State/Territory Virginia name: Transmittal Number:
Please enter the Transmittal Number (TN) in the format ST- YY-0000 where ST= the state abbreviation, YY = the last two digits of the submission year, and OOOO = a four digit number
with leading zeros. The dashes must also be entered. |VA-13-19 |
Type of SPA: MAGI Eligibility & Methods XXI Medicaid Expansion Establish 2101(f) Group Eligibility Processing “| Non-Financial Eligibility
Proposed Effective Date
(nm/aa/yyyy)
Federal Statute/ Regulation Citation
[Section 1902(e)(14) of the Social Security Act
Federal Budget Impact
This SPA has a budget impact. Total budget impact:
State Funds: $ Federal Funds: $
Subject of Amendment
Please provide a brief summary of SPA changes.
Character Count:286 out of 2000 CS17 Separate CHIP Eligibility —- Non-Financial Eligibility - Residency; C518 AcAA Citizenship requirements for separate CHIP covered groups; C513 AcAASocial security number requirement for separate CHIP covered groups; C523 AcAA Other requirements for separate CHIP covered groups
Signature of State Agency Official
Submitted By: Brian McCormick
Last Revision Aug 6, 2015 Date:
Submit Date: Jun 27, 2014
(spa)(va-13-0019-mc5)(approval-package)(page-5)Page 5#
coms. CHIP Eligibility
OMB Control Number: 0938-1148 Expiration date: 10/31/2014
Section 2101(f) of the ACA and 42 CFR 457.310(d)
{Mi Children Ineligible for Medicaid as a Result of the Elimination of Income Disregards The CHIP agency provides coverage for this group of children as follows:
The state has received approval from CMS to maintain Medicaid eligibility for children who would otherwise be subject to Section 2101(f) such that no child in the state will be subject to this provision.
The state assures that separate CHIP coverage will be provided for children ineligible for Medicaid due to the elimination of income disregards in accordance with 42 CFR 457.310(d). Coverage for this population will cease when the last child protected from loss of Medicaid coverage as a result of the elimination of income disregards has been afforded 12 months of coverage in a separate CHIP (expected to be no later than April 1, 2016 ).
C
Describe the methodology used by the state to identify and enroll children in a separate CHIP who are subject to the protection afforded by Section 2101(f) of the Affordable Care Act:
The state has demonstrated and CMS has agreed that all children qualifying for section 2101(f) protection will qualify for the state’s existing separate CHIP.
The state will enroll all children in a separate CHIP who lose Medicaid eligibility because of an increase in family income at their ‘first renewal applying MAGI methods.
The state will enroll children in a separate CHIP whose family income falls above the converted MAGI Medicaid FPL but at or below the following percentage of FPL. The state has demonstrated and CMS has agreed that all or almost all the children who would have maintained Medicaid eligibility if former disregards were applied will be within this income range and therefore covered in the separate CHIP.
be FPL
The state will enroll children in a separate CHIP who are found to be ineligible for Medicaid based on MAGI but whose family income has not increased since the child’s last determination of Medicaid eligibility or who would have remained eligible for Medicaid (based on the 2013 Medicaid income standard) if the value of their 2013 disregards had been applied to the family income as determined by MAGI methodology.
Cc
C Other.
Describe the benefits provided to this population:
C This population will be provided the same benefits as are provided to children in the state’s Medicaid program. @ This population will be provided the same benefits as are provided to children in the state's separate CHIP.
C Other (consistent with Section 2103 of the SSA and 42 CFR 457 Subpart D).
Describe premiums and cost sharing required of this population:
C Cost sharing is the same as for children in the Medicaid program.
* ae SPA # VA-13-0017 Approval Date: NGY i o auld Effective Date: January 1, 2014 NOY 1 6 Page 1 of 2
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ccms CHIP Eligibility
(@ Premiums and cost sharing are the same as for targeted low-income children in the state's separate CHIP.
C No premiums, copayments, deductibles, coinsurance or other cost sharing is required.
C Other premiums and/or cost-sharing requirements (consistent with Section 2103(e) of the SSA and 42 CFR 457 Subpart E).
PRA Disclosure Statement According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
NOV 18 2013
SPA # VA-13-0017 Approval Date: Effective Date: January 1, 2014 Page 2 of 2
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cCcMs CHIP Eligibility
OMB Control Number: 0938-1148 Expiration date: 10/31/2014
42 CFR 457.320
Residency
The CHIP Agency provides CHIP to otherwise eligible residents of the state, including residents who are absent from the state under certain conditions.
A child is considered to be a resident of the state under the following conditions:
Ir A non-institutionalized child, if capable of indicating intent and who is emancipated or married, if the child is living in the state and:
1. Intends to reside in the state, including without a fixed address, or
2. Has entered the state with a job commitment or seeking employment, whether or not currently employed. [iM A non-institutionalized child not described above and a child who is not a ward of the state:
1. Residing in the state, with or without a fixed address, or
2. The state of residency of the parent or caretaker, in accordance with 42 CFR.435.403(h)(1), with whom the individual resides.
iw An institutionalized child, who is not a ward of the state, if the state is the state of residence of the child's custodial parent or caretaker at the time of placement, or
[Im] A child who is a ward of the state regardless of where the child lives, or
A child physically located in the state when there is a dispute with one or more states as to the child's actual state of a residence.
If the state covers pregnant women, a pregnant woman is considered to be a resident under the following conditions: [Ml] A non-institutionalized pregnant woman who is living in the state and: 1. Intends to reside in the state, including without a fixed address, or if incapable of indicating intent, is living in the state, or 2. Entered with a job commitment or seeking employment, whether or not currently employed.
ol An institutionalized pregnant woman placed in an out-of-state-institution, as defined in 42 CFR 435.1010, including foster care homes, by an agency of the state, or
ia] An institutionalized pregnant woman residing in an in-state-institution, as defined in 42 CFR 435.1010, whether or not the individual established residency in the state prior to entering the institution, or
Ir A pregnant woman physically located in the state when there is a dispute with one or more states as to the pregnant woman's actual state of residence.
The state has in place related to the residency of children and pregnant women (if covered by the state):
SPA # VA-13-19 Approval Date: NOV { 8 203 Effective: January 1, 2014 Page | of 2
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ceomMs. CHIP Eligibility
One or more interstate agreement(s). No
A policy related to individuals in the state only for educational purposes. No
PRA Disclosure Statement According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of
the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
NGV 1% 2018
SPA # VA-13-19 Approval Date: Effective: January 1, 2014 Page 2 of 2
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ccms CHIP Eligibility
OMB Control Number: 0938-1148 Expiration date: 10/31/2014
Sections 2105(c)(9) and 2107(e)(1)(J) of the SSA and 42 CFR 457.320(b)(6), (c) and (d)
Citizenship
The CHIP Agency provides CHIP eligibility to otherwise eligible citizens and nationals of the United States and certain non-citizens, including the time period during which they are provided with reasonable opportunity to submit verification of their citizenship, national status or satisfactory immigration status.
[ml] The CHIP Agency provides eligibility under the Plan to otherwise eligible individuals:
Who are citizens or nationals of the United States; or
Who are qualified non-citizens as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation
Act (PRWORA) (8 U.S.C. §1641), or whose eligibility is required by section 402(b) of PRWORA (8 U.S.C. §1612(b)) and is not prohibited by section 403 of PRWORA (8 U.S.C. §1613); or
Who have declared themselves to be citizens or nationals of the United States, or an individual having satisfactory immigration status, during a reasonable opportunity period pending verification of their citizenship, nationality, or satisfactory immigration status consistent with requirements of 1903(x), 1137(d), and 1902(ee) of the Act, and 42 CFR 435.406, 407, 956 and 457.380.
The reasonable opportunity period begins on and extends 90 days from the date the notice of reasonable opportunity is received by the individual.
The agency provides for an extension of the reasonable opportunity period if the individual is making a good faith effort
to resolve any inconsistencies or obtain any necessary documentation, or the agency needs more time to complete the Yes verification process.
The agency begins to furnish benefits to otherwise eligible individuals during the reasonable opportunity period on a date Yes earlier than the date the notice is received by the individual.
The date benefits are furnished is: @ The date of application containing the declaration of citizenship or immigration status. ( The date the reasonable opportunity notice is sent.
C Other date, as described:
The CHIP Agency elects the option to provide CHIP coverage to otherwise eligible children up to age 19, lawfully residing Yes in the United States, as provided in Section 2107(e)(1)(J) of the SSA (Section 214 of CHIPRA 2009, P.L. 111-3).
Otherwise eligible children means children meeting the eligibility requirements of targeted low-income children with the exception of non-citizen status.
The CHIP Agency provides assurance that lawfully residing children are also covered under the state's Medicaid program.
SPA # VA-13-19 Approval Date! Effective Date: January 1, 2014
Page 1 of 3
(spa)(va-13-0019-mc5)(approval-package)(page-10)Page 10#
CHIP Eligibility
The CHIP Agency elects the option to provide CHIP coverage to otherwise eligible pregnant women, lawfully residing in the United States, as provided in Section 214 of CHIPRA 2009, P.L. 111-3. The state may not select this option unless the state also elects to cover lawfully residing children. A state may not select this option unless the state also covers Targeted Low- Income Pregnant Women.
An individual is considered to be lawfully residing in the United States if he or she is lawfully present and meets state residency requirements.
(a) {| An individual is considered to be lawfully present in the United States if he or she is: 1. A qualified non-citizen as defined in 8 U.S.C. 1641(b) and (c);
2. A non-citizen in a valid nonimmigrant status, as defined in 8 U.S.C. 1101(a)(15) or otherwise under the immigration laws (as defined in 8 U.S.C. 1101{a)(17));
3. A non-citizen who has been paroled into the United States in accordance with 8 U.S.C.1182(d)(5) for less than 1 year, except for an individual paroled for prosecution, for deferred inspection or pending removal proceedings;
4. A non-citizen who belongs to one of the following classes: (i) Granted temporary resident status in accordance with 8 U.S.C.1160 or 1255a, respectively;
(ii) Granted Temporary Protected Status (TPS) in accordance with 8 U.S.C. §1254a, and individuals with pending applications for TPS who have been granted employment authorization;
(iii) Granted employment authorization under 8 CFR 274a.12(c);
(iv) Family Unity beneficiaries in accordance with section 301 of Pub. L. 101-649, as amended;
(v) Under Deferred Enforced Departure (DED) in accordance with a decision made by the President; (vi) Granted Deferred Action status;
(vii) Granted an administrative stay of removal under 8 CFR 241;
(viii) Beneficiary of approved visa petition who has a pending application for adjustment of status;
5. Is an individual with a pending application for asylum under 8 U.S.C. 1158, or for withholding of removal under 8 U.S.C.1231,or under the Convention Against Torture, who:
(i) Has been granted employment authorization; or
(ii) Is under the age of 14 and has had an application pending for at least 180 days; 6. Has been granted withholding of removal under the Convention Against Torture; 7. Is a child who has a pending application for Special Immigrant Juvenile status as described in 8 U.S.C.1101(a)(27)(J); 8. Is lawfully present in American Samoa under the immigration laws of American Samoa; or
9. Is a victim of severe trafficking in persons, in accordance with the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106-386, as amended (22 U.S.C. 7105(b)).
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cCCmMS CHIP Eligibility
10. Exception: An individual with deferred action under the Department of Homeland Security's deferred action for the childhood arrivals process, as described in the Secretary of Homeland Security's June 15, 2012 memorandum, shall not be considered to be lawfully present with respect to any of the above categories in paragraphs (1) through (9) of this definition.
PRA Disclosure Statement According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments conceming the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
SPA # VA-13-19 Approval Date: NOV \ 8 203 Effective Date: January 1, 2014 Page 3 of 3
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CCMS CHIP Eligibility
Erreneueirven netraniee mers
OMB Control Number: 0938-1148 Expiration date: 10/31/2014
Separate Child He
42 CFR 457.340(b)
Social Security Number
As a condition of eligibility, the CHIP Agency must require individuals who have a social security number or are eligible for one as determined by the Social Security Administration, to furnish their social security number, or numbers if they have more than one number.
The CHIP Agency requires individuals, as a condition of eligibility, to furnish their social security number(s), with the following exceptions:
Individuals refusing to obtain a social security number (SSN) because of well established religious objections, or Individuals who are not eligible for an SSN, or Individuals who are issued an SSN only for a valid non-work purpose.
rl The CHIP Agency assists individuals, who are required to provide their SSN, to apply for or obtain an SSN from the Social , Security Administration if the individual does not have or forgot their SSN.
[i] The CHIP Agency informs individuals required to provide their SSN: By what statutory authority the number is solicited; and
How the state will use the SSN.
The CHIP Agency provides assurance that it will verify each SSN furnished by an applicant or beneficiary with the Social Security Administration, not deny or delay services to an otherwise eligible applicant pending issuance or verification of the individual's SSN by the Social Security Administration and that the state's utilization of the SSNs is consistent with sections 205
and 1137 of the Social Security Act and the Privacy Act of 1974.
The state may request non-applicant household members to voluntarily provide their SSN, if the state meets the requirements below.
The state requests non-applicant household members to voluntarily provide their Yes SSN.
When requesting an SSN for non-applicant household members, the state assures that:
a At the time such SSN is requested, the state informs the non-applicant that this information is voluntary and provides information regarding how the SSN will be used; and
ia The state only uses the SSN for determination of eligibility for CHIP or other insurance affordability programs, or for a purpose directly connected with the administration of the state plan.
PRA Disclosure Statement
SPA # VA-13-19 Approval patelOV 18 2ot3
: Effective Date: January 1, 2014 Page 1 of 2
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ccmMs CHIP Eligibility
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of
the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
SPA # VA-13-19 Approval pateNOV { 8 2013
Effective Date: January 1, 2014 Page 2 of 2
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CemMs CHIP Eligibility
OMB Control Number: 0938-1148 Expiration date: 10/31/2014
Other eligibility standards:
Name of eligibility standard: [Third party liability Remove To which covered group(s) does this standard apply? Targeted Low-Income Children
(1 Targeted Low-Income Pregnant Women (FJ Coverage from Conception to Birth (11 Children with Access to Public Employee Coverage (7 Pregnant Women with Access to Public Employee Coverage (7 Children Eligible for Dental Only Supplemental Coverage (1) Deemed Newborns
Describe how this standard affects eligibility:
Children are not eligible for the Separate CHIP if their parent or other authorized representative does not meet the requirements on assignment of rights to benefits or cooperation with the agency in identifying and providing information to assist the Commonwealth in pursuing any liable third party.
Add
PRA Disclosure Statement
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
V.20130709
SPA # VA-13-19 Approval DateNOY i 8 2013 Effective Date: January 1, 2014
Page | of 1
(spa)(va-14-0002-mc2)(approval-package)Virginia CHIP SPA VA-14-0002-MC2: Approval Package (approved March 14, 2014, effective January 1, 2014)#
(spa)(va-14-0002-mc2)(approval-package)(page-1)Page 1#
_____________________________________________________________________________ Table of Contents State/Territory Name: Virginia State Plan Amendments (SPA) #: VA-14-0002 This file contains the following documents in the order listed: 1) Approval Letter 2) SPA Summary Form 3) Approved SPA Pages The complete title XXI state plan for Massachusetts consists of the most recent state plan posted on Medicaid.gov under CHIP and State Plan Amendments. The link is provided below. The following approved templates are in addition to, or replace sections of the state’s posted current state plan. The attached approval letter(s) explain how these templates fit into that state plan. Link to state title XXI state plans and amendments: http://medicaid.gov/Medicaid-CHIP-Program-Information/By- Topics/Childrens-Health-Insurance-Program-CHIP/CHIP-State-Program-Information.html
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DEPARTMENT OF HEALTH & HUMAN SERVICES
Centers for Medicare & Medicaid Services (CMs
7500 Security Boulevard, Mail Stop: S2-26-12 Cc M Ss (CENTERS FOR MEDICARE & MEDICAID SERVICES
Baltimore, Maryland 21244-1850
CENTER FOR MEDICAID & CHIP SERVICES
Children and Adults Health Programs Group
MAR 14 2014
Rebecca Mendoza, Director
Maternal and Child Health Division Virginia Department of Medical Assistance 600 East Broad Street, Suite 1300 Richmond, VA 23219
Dear Ms. Mendoza:
Tam pleased to inform you the Centers for Medicare & Medicaid Services has approved your title XXI Children’s Health Insurance Program (CHIP) state plan amendment (SPA) number VA-14- 0002, submitted on March 10, 2014, and related Modified Adjusted Gross Income (MAGI) Eligibility with an effective date of January 1, 2014.
The SPA number VA-14-0002 converts the state’s existing income eligibility standards to MAGI-equivalent standards, by age group, for children covered in its title XXI-funded Medicaid program. A copy of the approved state plan page (CS3) is attached, and should be incorporated into the state’s approved CHIP state plan. This page supersedes the current Medicaid expansion section (4.0) of the current CHIP state plan.
Your title XXI project officer is Ms. Ticia Jones. She is available to answer questions concerning this amendment and other CHIP-related issues.
Ms. Jones’ contact information is as follows:
Centers for Medicare & Medicaid Services Center for Medicaid & CHIP Services Mail Stop S2-01-16
7500 Security Boulevard
Baltimore, MD 21244-1850
Telephone: (410) 786-8145
Facsimile: (410) 786-5943
E-mail: Ticia.Jones@cms.hhs.gov
Official communications regarding program matters should be sent simultaneously to Ms. Jones and to Mr. Francis McCullough, Associate Regional Administrator (ARA) in our Philadelphia Regional Office.
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Page 2 - Ms. Rebecca Mendoza Mr. McCullough address is: Centers for Medicare and Medicaid Services Division of Medicaid and Children's Health Operations Suite 216, The Public Ledger Building 150 Independence Mall West Philadelphia, PA 19106 If you have additional questions, please contact Ms. Linda Nab lo, Director, Division of State Coverage Programs, at (410) 786-5143. We look forward to continuing to work with you and your staff toward the approval of your remaining MAGI Eligibility SP As. Enclosures cc: Sincerely, Eliot Fishman Director Mr. Francis McCullough, CMS Region III, Philadelphia
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Children's Health Insurance Program Eligibility
= = iran ann ae cs at a a =
Control P l ; none i . sbi — Children's Health Insurance Program Eligibility: Summary Page
General
Information
File Management name: Transmittal Number:
se Please enter the Transmittal Number (TN) in the format ST- Tribal Input YY-0000 where ST= the state abbreviation, YY = the last two
digits of the submission year, and 0000 = a four digit number
with leading zeros. The dashes must also be entered. |VA-14-0002
Summary
Type of SPA: MAGI Eligibility & Methods “i XXI Medicaid Expansion Establish 2101(f) Group Eligibility Processing Non-Financial Eligibility Proposed Effective Date
(nm da/ yyy)
Federal Statute/ Regulation Citation
[Section 1902(e)(14) of the Social Security Act
Federal Budget Impact This SPA has a budget impact. Total budget impact: State Funds: $ Federal Funds: $
Subject of Amendment
Please provide a brief summary of SPA changes. Character Count:48 out of 2000
C53 — Eligibility for Medicaid Expansion Program
Signature of State Agency Official
Submitted By: Brian McCormick
Last Revision Mar 10, 2014 Date:
Submit Date: Mar 10, 2014
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ccm AAP SRNR
CHIP Eligibility
OMB Control Number: 0938-1148 Expiration date: 10/31/2014
42 CFR 457.320(a)(2) and (3)
Age and Household Income Ranges
There should be no overlaps or gaps for the ages entered.
Income eligibility for children under the Medicaid Expansion is determined in accordance with the following income standards:
From Age
To Age
Above (% FPL)
Up to & including (% FPL)
19
109
143
PRA Disclosure Statement
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a
valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete
this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data
resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance
Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
SPA# VA-14-0002
Approval Date:
MAR 14 2014
Effective Date: January 1, 2014
Page 1 of 1
(spa)(va-17-0012)(approval-package)Virginia CHIP SPA VA-17-0012: Approval Package (approved August 3, 2017, effective April 1, 2017)#
(spa)(va-17-0012)(approval-package)(page-1)Page 1#
_____________________________________________________________________________ Table of Contents State/Territory Name: Virginia State Plan Amendment (SPA) #: VA-17-0012 This file contains the following documents in the order listed: 1) Approval Letter 2) State Plan
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DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services 7500 Security Boulevard, Mail Stop: 52-01-16 Baltimore, Maryland 21244-7850 Children and Adults Health Programs Group rvts ctNtt¡s foß Mtotc^rc & Mfotc¡tD sfnvtc€s CEÑTEß fON M¡DICAID & CHIP SEIVICCS AUG 0 3 ?0t7 Ms. Rebecca Anderson Public Policy Manager Virginia Department of Medical Assistance Services 600 East Broad St. Richmond, VA232I9 Dear Ms. Anderson: I am pleased to inform you that Virginia's Children's Health Insurance Program (CHIP) state plan amendment (SPA) number VA-17-0012, submitted June 8,2017, has been approved. Effective April 1, 2017, this SPA expands Virginia's outpatient substance abuse treatment services to include intensive outpatient, partial hospitalization, medication assisted treatment, and case management. Effective July 1,2017, this SPA adds peer support services to its benefits package. In addition, the state is removing the prior authorization requirement for outpatient mental health services. This SPA also makes minor updates to other sections of the CHIP state plan to reflect current practices. The Centers for Medicare &. Medicaid Services (CMS) has finalized regulations to implement mental health and substance use disorder parity requirements consistent with section 2103(c)(6) of the Social Security Act that become effective on October 2,2017. After that date, states will need to demonstrate compliance with the parity regulations through the CHIP state plan amendment process. Your title XXI project officer, Ms. Ticia Jones, is available to answer questions concerning this amendment and other CHlP-related issues. Ms. Jones' contact information is as follows: Centers for Medicare & Medicaid Services Center for Medicaid and CHIP Services Mail Stop: 32-01-16 7500 Security Boulevard Baltimore, MD 21244-1 850 Telephone: (al0) 786-8145 E-mail:'['icia.Jones@cms.hhs.qov Offrcial communication regarding program matters should be submitted simultaneously to Ms. Jones and Mr. Francis McCullough, Associate Regional Administrator (ARA) for the Division of Medicaid and Children's Health Operations in the CMS Philadelphia Regional Office. Mr. McCullough's contact information is as follows:
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Page2 - Ms. Rebecca Anderson Centers for Medicare & Medicaid Services Philadelphia Regional Office Division of Medicaid and Children's Health Operations The Public Ledger Building, Suite 216 150 South Independence Mall West Philadelphia, PA 19106 If you have additional questions, please contact Ms. Amy Lutzky, Director, Division of State Coverage Programs, at (410) 786-0721. Anne Marie Costello Director cc Mr. Francis McCullougho ARA, CMS Region III, Philadelphia / Anne Marie Costello/
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Model Application Template for the State Children’s Health Insurance Program
Effective Date: 0107/01/17
1 Approval Date_______08/03/17
OMB #: 0938-0707 Exp. Date:
MODEL APPLICATION TEMPLATE FOR STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT STATE CHILDREN’S HEALTH INSURANCE PROGRAM
Preamble
Section 4901 of the Balanced Budget Act of 1997 (BBA) amended the Social Security Act (the Act) by adding a new title XXI, the State Children’s Health Insurance Program (SCHIP). Title XXI provides funds to states to enable them to initiate and expand the provision of child health assistance to uninsured, low-income children in an effective and efficient manner. To be eligible for funds under this program, states must submit a state plan, which must be approved by the Secretary. A state may choose to amend its approved state plan in whole or in part at any time through the submittal of a plan amendment.
This model application template outlines the information that must be included in the state child health plan, and any subsequent amendments. It has been designed to reflect the requirements as they exist in current regulations, found at 42 CFR part 457. These requirements are necessary for state plans and amendments under Title XXI.
The Department of Health and Human Services will continue to work collaboratively with states and other interested parties to provide specific guidance in key areas like applicant and enrollee protections, collection of baseline data, and methods for preventing substitution of Federal funds for existing state and private funds. As such guidance becomes available, we will work to distribute it in a timely fashion to provide assistance as states submit their state plans and amendments.
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Model Application Template for the State Children’s Health Insurance Program
Effective Date: 0107/01/17
2 Approval Date_______08/03/17 Form CMS-R-211
MODEL APPLICATION TEMPLATE FOR STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT STATE CHILDREN’S HEALTH INSURANCE PROGRAM
(Required under 4901 of the Balanced Budget Act of 1997 (New section 2101(b)))
State/Territory:___________________Virginia____________________________ (Name of State/Territory)
As a condition for receipt of Federal funds under Title XXI of the Social Security Act, (42 CFR 457.40(b))
________________________________________________________________________ William A. Hazel, Jr. M.D., Secretary of Health and Human Resources
submits the following State Child Health Plan for the State Children’s Health Insurance Program and hereby agrees to administer the program in accordance with the provisions of the approved State Child Health Plan, the requirements of Title XXI and XIX of the Act (as appropriate) and all applicable Federal regulations and other official issuances of the Department.
The following state officials are responsible for program administration and financial oversight (42 CFR 457.40(c)):
Name: William A. Hazel, Jr. M.D.
Position/Title: Secretary of Health and Human Resources Name: Cynthia B. Jones
Position/Title: Director, Department of Medical Assistance Services Name: Rebecca Mendoza
Position/Title: Director, Division of Child Health Insurance
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-0707. The time required to complete this information collection is estimated to average 160 hours per response, including the time to review instructions, search existing data resources, and gather the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, N2-14-26, Baltimore, Maryland 21244.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-3
Effective Date: 0107/01/17
3 Approval Date_______08/03/17 Section 1. General Description and Purpose of the State Child Health Plans and State Child Health Plan Requirements (Section 2101)
1.1 The state will use funds provided under Title XXI primarily for (Check appropriate box) (42 CFR 457.70):
1.1.1
Obtaining coverage that meets the requirements for a separate child health program (Section 2103); OR
1.1.2.
Providing expanded benefits under the State’s Medicaid plan (Title XIX); OR
1.1.3. A combination of both of the above. (Effective 09/01/02)
1.2 Please provide an assurance that expenditures for child health assistance will not be claimed prior to the time that the State has legislative authority to operate the State plan or plan amendment as approved by CMS. (42 CFR 457.40(d))
1.3 Please provide an assurance that the state complies with all applicable civil rights requirements, including title VI of the Civil Rights Act of 1964, title II of the Americans with Disabilities Act of 1990, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, 45 CFR part 80, part 84, and part 91, and 28 CFR part 35. (42CFR 457.130)
Guidance: The effective date as specified below is defined as the date on which the State begins to incur costs to implement its State plan or amendment. (42 CFR 457.65) The implementation date is defined as the date the State begins to provide services; or, the date on which the State puts into practice the new policy described in the State plan or amendment. For example, in a State that has increased eligibility, this is the date on which the State begins to provide coverage to enrollees (and not the date the State begins outreach or accepting applications).
1.4 Provide the effective (date costs begin to be incurred) and implementation (date services begin to be provided) dates for this SPA (42 CFR 457.65). A SPA may only have one effective date, but provisions within the SPA may have different implementation dates that must be after the effective date.
Original Plan - Effective Date: 10/26/98 Implementation Date: 10/26/98 Effective date: Plan: 10/26/98; Amend. 1: 7/01/01; Amend. 2: 12/01/01; Amend. 3: 7/01/01; Amend. 4: 09/01/02; Amend. 5: 08/01/03; Amend. 6: Withdrawn; Amend.7: [(delete ESHI premium assistance program and exempt pregnant children from waiting period 8/01/05; allow for disease management in fee-for-service program 7/01/06)];
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-4
Effective Date: 0107/01/17
4 Approval Date_______08/03/17 Amend. 8: Changes to the CHIP State Plan to outline coverage of school services and to add language regarding private funding; Amend. 9 FAMIS MOMS to 200% FPL and MCO opt in: 07/01/09, and Medicaid Expansion Immigrants: 04/01/09; Amend. No. 10: Translation for Dental Care: 7/1/09; Hospice Concurrent with Treatment: 3/23/10; Early Intervention and prospective payment for FQHCs and RHCs: 10/01/09; Citizenship Documentation: 01/01/10; Mental Health Parity and No Cost Sharing for Pregnancy-Related Assistance: 07-01-10. Amend. No. 11: Administrative Renewal Process: 10/01/10; and Virginia Health Care Fund: 07/01/10. Amend. No. 16: Behavioral Therapies added 7/1/16. Amend. No. 17: Temporary Adjustments to Enrollment and Redetermination for Individuals Living or Working in a Declared Disaster Area at the Time of a Disaster Event.
Implementation date: 10/26/98; Amend. 1: 8/01/01; Amend. 2: 12/01/01; Amend. 3: 12/01/01; Amend. 4: 09/01/02; Amend. 5: 08/01/03; Amend. 6: Withdrawn; Amendment 7: 7/01/06; Amend. 8: 07/01/07, and 02/14/09 implementation date of language regarding the RWJ Grant funding and private funding; Amend. 9: 07/01/09, and Medicaid Expansion Immigrants: 04/01/09; Amend. No. 10: Translation for Dental Care: 7/1/09; Hospice Concurrent with Treatment: 3/23/10; Early Intervention and prospective payment for FQHCs and RHCs: 10/01/09; Citizenship Documentation: 01/01/10; and Mental Health Parity, No Cost Sharing for Pregnancy-Related Assistance, and Virginia Health Care Fund: 07-01-10. Amend. No. 11: Administrative Renewal Process: 10/01/10; and Virginia Health Care Fund: 07/01/10. Amend. No. 12: Discontinue primary care case management: 5/1/12; Expand eligibility under lawfully residing option: 7/1/12; Add coverage for early intervention case management: 10/1/11; and Discontinue Virginia Health Care Fund funding: 7/1/12. Amend. No. 13: Outreach Procedures 07/01/12; and Performance Plan: 07/01/12. Amend. No. 14: Delivery system change (Sec. 6 and 12) Behavioral Health Service Administrator: 01/01/14. Amend. No. 16: Behavioral Therapies 7/1/16. Amend. No. 17: Temporary Adjustments to Enrollment and Redetermination for Individuals Living or Working in a Declared Disaster Area at the Time of a Disaster Event.
Transmittal Number SPA Group PDF Description Superseded Plan Section(s) VA-13-15
Effective/Implementation Date: January 1, 2014
MAGI Eligibility & Methods CS7
CS13
Eligibility – Targeted Low Income Children
Eligibility - Deemed Newborns
Supersedes the current sections Geographic Area 4.1.1; Age 4.1.2; and Income 4.1.3
Incorporate under section 4.3
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-5
Effective Date: 0107/01/17
5 Approval Date_______08/03/17 Transmittal Number SPA Group PDF Description Superseded Plan Section(s)
VA-14-0020
Effective/Implementation Date: January 1, 2015
CS15
CS10
MAGI-Based Income Methodologies
Eligibility – Children Who Have Access to Public Employee Coverage Incorporate within a separate subsection under section 4.3
Supersedes language in regard to dependents of public employees in Section 4.1.9
VA-14-0002
Effective/Implementation Date: January 1, 2014
XXI Medicaid Expansion CS3 Eligibility for Medicaid Expansion Program Supersedes the current Medicaid expansion section 4.0 VA-14-0025
Effective/Implementation Date: January 1, 2014 Establish 2101(f) Group CS14 Children Ineligible for Medicaid as a Result of the Elimination of Income Disregards Incorporate within subsection 4.4.1 VA-13-0018
Effective/Implementation Date: October 1, 2013 Eligibility Processing CS24 Eligibility Process Supersedes the current sections 4.3 and 4.4 VA-13-19
Effective/Implementation Date: January 1, 2014
VA-13-19-01 Non- Financial Eligibility CS17
CS18
CS19
CS23
Non-Financial Eligibility – Residency
Non-Financial – Citizenship
Non-Financial – Social Security Number
Other Eligibility Standards
Supersedes the current section 4.1.5
Supersedes the current sections 4.1.0; 4.1.1-LR
Supersedes the current section 4.1.9
Supersedes the current section 4,1.6, 4.1.7, 41.8, 4.1.9
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-6
Effective Date: 0107/01/17
6 Approval Date_______08/03/17 Transmittal Number SPA Group PDF Description Superseded Plan Section(s) Effective/Implementation Date: July 3, 2014 CS20 Substitution of Coverage
Supersedes the current section 4.4.4
SPA #15, Purpose of SPA Update for SFY 2015 Proposed effective date: 7/1/14
Proposed implementation date: Eligibility: Remove waiting period: 07/03/014; Allow eligibility for dependents of state employees: 01/01/15
SPA #16, Purpose of SPA Update for SFY 2016
Proposed effective date: 7/1/15
Proposed implementation date:
Benefits: Add Behavioral Therapy services: 7/1/16
SPA #17:
Temporary Adjustments to Enrollment and Redetermination for Individuals Living or Working in a Declared Disaster Area at the Time of a Disaster Event.
Proposed effective date: 1/1/2017
VA – 17-0012: Purpose of SPA Update for SFY 2017
Proposed effective date of SPA: 7/1/17 SUD amendments (not including peer supports) have an effective date of 4/1/2017. All other items (including peer supports) have an effective date of 7/1/2017.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-7
Effective Date: 0107/01/17
7 Approval Date_______08/03/17
Section 2. General Background and Description of State Approach to Child Health Coverage and Coordination (Section 2102 (a)(1)-(3)) and (Section 2105)(c)(7)(A)- (B))
2.1. Describe the extent to which, and manner in which, children in the state including targeted low-income children and other classes of children, by income level and other relevant factors, such as race and ethnicity and geographic location, currently have creditable health coverage (as defined in 42 CFR 457.10). To the extent feasible, make a distinction between creditable coverage under public health insurance programs and public-private partnerships (See Section 10 for annual report requirements). (42 CFR 457.80(a))
The Virginia Health Care Foundation conducted two surveys of health access in Virginia. The latest survey was conducted in the Spring of 1997 for the year 1996 of a representative sample of 1,861 households representing 4,694 individuals. The Department of Medical Assistance Services (DMAS) used estimates derived from this survey and census data for its planning purposes rather than from the national Current Population Survey. DMAS' administrative data were used to estimate Medicaid insured children.
HEALTH INSURANCE STATUS OF VIRGINIA CHILDREN 0-18, BY POVERTY LEVEL 1996
Insured Uninsured
Poverty Level Medicaid Private Total Insured Medicaid Eligible Other Uninsured Total Uninsured Total Children Under 100% 206,550 2,430 208,980 34,020 0 34,020 243,000 100% to 125% 33,450 3,570 37,020 10,980 9,000 19,980 57,000 125% to 150% 31,500 4,860 36,360 12,920 12,720 25,640 62,000 150% to 175% 37,500 9,140 46,640 22,080 17,280 39,360 86,000 175% to 200% 6,000 44,000 50,000 2,000 33,000 35,000 85,000 200% to 250% 0 57,000 57,000 0 20,000 20,000 77,000 Above 250% 0 979,000 979,000 0 40,000 40,000 1,019,000 Totals 315,000 1,100,000 1,415,000 82,000 132,000 214,000 1,629,000
DMAS assumes that insured/uninsured individuals are evenly distributed by age below 100% of poverty. Above 100% of poverty more of the uninsured are ages 6-18. Virginia Medicaid covers children 0 through 5 up to 133% and covers children ages 6 through 18 up to 100% of poverty. Effective 9/01/02, Virginia’s Medicaid Program was expanded through Title XXI to cover additional targeted low-income children ages 6 through 18 with family income equal to or less than 133% of FPL. Effective January 1, 2014, this changed to 143% of FPL.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-8
Effective Date: 0107/01/17
8 Approval Date_______08/03/17
2.2. Describe the current state efforts to provide or obtain creditable health coverage for uncovered children by addressing: (Section 2102)(a)(2) (42CFR 457.80(b))
2.2.1. The steps the state is currently taking to identify and enroll all uncovered children who are eligible to participate in public health insurance programs (i.e. Medicaid and state-only child health insurance):
Prior to October 1, 2013, determinations of eligibility for the state child health insurance program, The Family Access to Medical Insurance Security (FAMIS) Plan (Title XXI), were completed at a Central Processing Unit or Local Department of Social Services (LDSS). The Central Processing Unit screened applicants for Medicaid eligibility prior to completing a FAMIS eligibility determination. LDSS determines eligibility for Medicaid first and then determines FAMIS eligibility for children denied Medicaid due to excess income. Families may apply by mail, by phone, fax or web; there is no requirement for a face-to-face interview.
In addition, many community groups have trained volunteers to help parents of potential Medicaid (Title XIX) and FAMIS (Title XXI) eligible individuals by answering questions and helping to complete applications and gather verifications needed to process cases.
Effective October 1, 2013, DMAS launched the Cover Virginia Call Center. This call center accepts the new MAGI single streamlined application and signature by telephone. At the same time, the existing Central Processing Unit stopped handling new applications for FAMIS. The call center answered eligibility and covered services questions for the general Medicaid and FAMIS population. The Cover Virginia website (www.coverva.org) also went live to provide users a self-directed eligibility screener, based on MAGI methodologies, and a link to an on-line application.
FAMIS provides comprehensive health benefits for children from birth through age 18 who are not covered under health insurance. Effective July 3, 2014, children no longer need a four-month uninsured waiting period to be eligible for FAMIS. Effective January 1, 2015, dependents of state employees who have access to subsidized health insurance may enroll in FAMIS. The application addresses specific questions about other current health insurance coverage.
In April 2015, Cover Virginia began processing and determining eligibility for telephonic applications, again functioning as a Central Processing Unit. A family may contact Cover Virginia by phone or on-line to apply. Additionally, a paper
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-9
Effective Date: 0107/01/17
9 Approval Date_______08/03/17 application can be completed, signed, and returned via mail or fax to LDSS for determination of eligibility for Medicaid and FAMIS. Expenditures for children who meet Medicaid eligibility criteria are claimed at the Commonwealth’s regular Medicaid FMAP. Effective 9/01/02, the Commonwealth began claiming enhanced funding for optional targeted low-income children who qualify under the Medicaid expansion. Expenditures for the children determined eligible under the Family Access to Medical Insurance Security Plan are claimed at the State’s enhanced FMAP.
No Entitlement: In accordance with § 2102(b)(4) of the Social Security Act (42 U.S.C. § 1397bb(b)(4)) and § 32.1-353 of the Code of Virginia, the Family Access to Medical Insurance Security Plan shall not create any individual entitlement for payment of medical services or any right or entitlement to participation.
2.2.2. The steps the state is currently taking to identify and enroll all uncovered children who are eligible to participate in health insurance programs that involve a public- private partnership:
Virginia currently has no health insurance programs that involve a public-private partnership.
2.3. Describe the procedures the state uses to accomplish coordination of SCHIP with other public and private health insurance programs, sources of health benefits coverage for children, and relevant child health programs, such as title V, that provide health care services for low-income children to increase the number of children with creditable health coverage. (Previously 4.4.5.) (Section 2102)(a)(3) and 2102(c)(2) and 2102(b)(3)(E)) (42CFR 457.80(c))
The FAMIS program coordinates with the Virginia Department of Health, including Children’s Specialty Services and the Maternal and Child Health programs, with State teaching hospitals serving indigent families, and with local government health delivery programs which serve low income children. The Commonwealth’s goal is to provide all targeted low-income children with an accessible and comprehensive system of care that secures a medical home for children. This coordination is directed to ensuring that FAMIS does not supplant or replace existing programs. Rather, the goal of coordination is the close cooperation between these programs to enhance the health care resources available to low income children. DMAS, the single State agency that administers the Medicaid program, also administers FAMIS. Thus, Virginia ensures that the plan is closely coordinated with Medicaid in identifying and facilitating enrollment in the respective programs.
DMAS is responsible for the coordination of outreach and education efforts for all children whether they qualify for Medicaid or for FAMIS. Community-based organizations participating
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-10
Effective Date: 0107/01/17
10 Approval Date_______08/03/17 in this effort inform families about the programs and assist them with applying. The Cover Virginia Call Center provides customer service, assists callers with program information, selection of a managed care organization, and referrals to other sources of care if not eligible. Public programs that have established networks serving families who would meet either FAMIS or Medicaid’s income eligibility requirements are used as a resource in reaching eligible children.
DMAS has developed an interagency committee specifically to address the health care needs of children, pregnant women, and special needs populations. The group meets periodically to discuss issues of mutual concern, solicit support, and cooperation, and share creative approaches to serving these unique populations. Information regarding FAMIS as well as Medicaid is routinely shared and discussed with these individuals. A part of this group effort is the identification and coordination of Title V children. In addition, through its many other committees comprised of non-agency membership (e.g., Board of Directors, Managed Care Advisory Committee, Provider Advisory Council), DMAS solicits input and advice from public and private entities on its programs.
DMAS shall issue a settlement notice at the time of the reconciliation that denotes the amount due to or from the Local Education Agency (LEA) provider. If the interim payments exceed the FFP of the certified costs of an LEA’s Medicaid, Medicaid Expansion, or FAMIS services, DMAS will recoup the overpayment using the methods outlined in the Virginia Medicaid State Plan, Attachment 4.19-B, Pages 9a of 15 through 9f of 15 and subsequent revisions to this section. If the FFP of the certified costs exceeds interim payments, DMAS will pay the difference to the LEA provider.
At the end of each settlement, interim rates for each LEA provider will be determined by dividing total medical services cost and special transportation service cost by an estimate of the number of units of service. For the initial interim rates or for new providers, interim rates will be based on pro forma cost data. Interim rates are provisional in nature pending completion of the cost report.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-11
Effective Date: 0107/01/17
11 Approval Date_______08/03/17 Section 3. Methods of Delivery and Utilization Controls (Section 2102)(a)(4))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 4.
Guidance: In Section 3.1., discussion may include, but is not limited to: contracts with managed health care plans (including fully and partially capitated plans); contracts with indemnity health insurance plans; and other arrangements for health care delivery. The State should describe any variations based upon geography, as well as the State methods for establishing and defining the delivery systems.
Should the State choose to cover unborn children under the Title XXI State plan, the State must describe how services are paid. For example, some states make a global payment for all unborn children while other states pay for services on fee-for-services basis. The State’s payment mechanism and delivery mechanism should be briefly described here.
Section 2103(f)(3) of the Act, as amended by section 403 of CHIPRA, requires separate or combination CHIP programs that operate a managed care delivery system to apply several provisions of section 1932 of the Act in the same manner as these provisions apply under title XIX of the Act. Specific provisions include: section 1932(a)(4), Process for Enrollment and Termination and Change of Enrollment; section 1932(a)(5), Provision of Information; section 1932(b), Beneficiary Protections; section 1932(c), Quality Assurance Standards; section 1932(d), Protections Against Fraud and Abuse; and section 1932(e), Sanctions for Noncompliance. If the State CHIP program operates a managed care delivery system, provide an assurance that the State CHIP managed care contract(s) complies with the relevant sections of section 1932 of the Act. States must submit the managed care contract(s) to CMS’ Regional Office servicing them for review and approval.
In addition, states may use up to 10 percent of actual or estimated Federal expenditures for targeted low-income children to fund other forms of child health assistance, including contracts with providers for a limited range of direct services; other health services initiatives to improve children’s health; outreach expenditures; and administrative costs (See 2105(c)(2)(A)). Describe which, if any, of these methods will be used.
Examples of the above may include, but are not limited to: direct contracting with school- based health services; direct contracting to provide enabling services; contracts with health centers receiving funds under section 330 of the Public Health Service Act; contracts with hospitals such as those that receive disproportionate share payment adjustments under section 1886(d)(5)(F) or 1923 of the Act; contracts with other hospitals; and contracts with public health clinics receiving Title V funding.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-12
Effective Date: 0107/01/17
12 Approval Date_______08/03/17
If applicable, address how the new arrangements under Title XXI will work with existing service delivery methods, such as regional networks for chronic illness and disability; neonatal care units, or early-intervention programs for at-risk infants, in the delivery and utilization of services. (42CFR 457.490(a))
3.1. Describe the methods of delivery of the child health assistance using Title XXI funds to targeted low-income children. Include a description of the choice of financing and the methods for assuring delivery of the insurance products and delivery of health care services covered by such products to the enrollees, including any variations. (Section 2102)(a)(4) (42CFR 457.490(a))
Check here if the State child health program delivers services using a managed care delivery model. The State provides an assurance that its managed care contract(s) complies with the relevant provisions of section 1932 of the Act, including section 1932(a)(4), Process for Enrollment and Termination and Change of Enrollment; section 1932(a)(5), Provision of Information; section 1932(b), Beneficiary Protections; section 1932(c), Quality Assurance Standards; section 1932(d), Protections Against Fraud and Abuse; and section 1932(e), Sanctions for Noncompliance. The State also assures that it will submit the contract(s) to the CMS’ Regional Office for review and approval. (Section 2103(f)(3))
The Commonwealth of Virginia’s Title XXI State Plan utilizes two Secretary-approved benefit packages within FAMIS. One Secretary-approved coverage is a modified Medicaid look-alike component offered through a fee-for-service system under the State’s original Title XXI program, Virginia Children’s Medical Security Insurance Plan (VCMSIP). The other Secretary-approved coverage is modeled after the state employee plan in effect in June 2000 approved by the Centers for Medicare and Medicaid Services (CMS) December 22, 2000 and delivered by contracted (Managed Care Organizations) MCOs.
Newly eligible and enrolled FAMIS recipients are assigned to the fee-for-service program until they are enrolled into managed care. Effective July 1, 2012, all geographic areas are covered by two or more MCOs.
Financing
Effective October 1, 2009, the Commonwealth reimburses for services provided by Federally- qualified health centers (FQHCs) and rural health clinics (RHCs), applicable to CHIP, in the same manner it reimburses for services provided in the Title XIX (Medicaid) program as described in the Virginia State Plan for Medical Assistance, Attachment 4.19-B. Supplemental payments are made to FQHCs and RHCs for services reimbursed by MCOs as also described in the Virginia State Plan for Medical Assistance, Attachment 4.19-B. Coverage under the modified Medicaid look-alike component will be reimbursed on a fee-for-service basis by the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-13
Effective Date: 0107/01/17
13 Approval Date_______08/03/17 Department.
The managed care organizations (MCOs) are at risk for all services provided. The plans have the discretion in reimbursing and contracting with providers and must ensure services are provided and a sufficient network exists. FAMIS rates are actuarially sound rates, and are established in a manner consistent with CMS regulations promulgated pursuant to the Balanced Budget Act of 1997. A managed care savings factor shall be applied to determine the final rates. The savings factor shall be determined annually.
FEE-FOR-SERVICE
Coverage under the modified Medicaid look-alike component is based on the fee-for- service program and providers are reimbursed by the Department. Reimbursement rates for services under FAMIS are the same as those for Medicaid. Children newly eligible for FAMIS receive services through the fee-for-service delivery system until they are enrolled in an MCO. Effective July 1, 2012, all localities have at least two MCOs.
COVERAGE PROVIDED UNDER MCOs
The second benefit package is Secretary-approved coverage modeled after the state employee plan in effect in June 2000, provided under the current Title XXI State Plan through contracted MCOs.
Secretary-approved coverage modeled after the state employee health plan provides a comprehensive array of health care benefits for eligible enrollees. DMAS has contracted with various managed care health insurers that meet certain requirements and standards in order to provide a comprehensive health benefits plan to FAMIS enrollees on a regional basis. The plans have the discretion in reimbursing and contracting with providers and must ensure services are provided and a sufficient network exists.
Effective July 1, 2012, all localities are served by more than one MCO, providing choice for enrollees.
3.2. Describe the utilization controls under the child health assistance provided under the plan for targeted low-income children. Describe the systems designed to ensure that enrollees receiving health care services under the state plan receive only appropriate and medically necessary health care consistent with the benefit package described in the approved state plan. (Section 2102)(a)(4) (42CFR 457.490(b))
A. FFS Utilization Controls
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-14
Effective Date: 0107/01/17
14 Approval Date_______08/03/17 Utilization controls for providers offering Secretary-approved coverage through the fee- for-service component are administrative mechanisms that are designed to ensure that children use only health care that is appropriate, medically necessary, and approved by DMAS. DMAS relies on the utilization controls already established and operational in the Title XIX program for eligibles under Title XXI. Administrative mechanisms to be employed include the following: prepayment reviews, prior authorizations and internal reviews, post payment and SURS reviews.
Managed Care Organization Utilization Controls
Managed care organizations providing the Secretary-approved coverage modeled after the State employee plan in effect in June 2000 are required by contract to manage service utilization and have in place a process of evaluating the necessity, appropriateness and efficiency of health care services against established guidelines and criteria. The utilization program may include drug formulary decisions and criteria. The UM program must demonstrate that enrollees have equitable access to care across the network and that UM decisions are made in a fair, impartial, and consistent manner that serves the best interest of the enrollees. The MCO’s UM program reflects standards for utilization management from the most current nationally accepted standards. The program must have mechanisms to detect over-utilization and/or under-utilization of care, including, but not limited to, provider profiling and disease management programs. MCOs must ensure that the preauthorization requirements do not apply to emergency care, family planning services, preventative services, and basic prenatal care.
For more information on utilization controls, please refer to the current Title XXI State Plan § 7 - Quality and Appropriateness of Care.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-15
Effective Date: 0107/01/17
15 Approval Date_______08/03/17 Section 4. Eligibility Standards and Methodology. (Section 2102(b))
Note the following summary of approved amendments for this section:
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 5.
4.1. The following standards may be used to determine eligibility of targeted low-income children for child health assistance under the plan. Please note whether any of the following standards are used and check all that apply. If applicable, describe the criteria that will be used to apply the standard. (Section 2102)(b)(1)(A)) (42CFR 457.305(a) and 457.320(a))
4.1.1. Geographic area served by the Plan:
State wide.
4.1.2. Age:
From birth through age 18.
4.1.3. Income:
Effective September 1, 2002, the Commonwealth’s Medicaid program was expanded under Title XXI to provide coverage for children from age 6 through age 18 who live in families with income in excess of 100% of FPL, but less than or equal to 133% FPL. The income limit prior to this date was less than or equal to 100% FPL for children age 6 through 18. All Medicaid income disregards, deductions and methodologies used for the Poverty Level group of Medicaid eligible children in the State’s Title XIX plan apply to this expanded group. The Commonwealth claims enhanced funding for optional targeted low-income children who qualify under the Medicaid expansion. Regular FMAP is claimed for those children who do not meet the definition of optional targeted low-income child. The Family Access to Medical Insurance Security Plan, Virginia’s separate Title XXI plan, was also revised to cover children from birth through age 18 in families with gross incomes at or below 200% of the FPL, but in excess of 133% of the federal poverty level. Formerly, FAMIS covered children from birth through age 5 in families with gross income in excess of 133% of the FPL but at or below 200% of the FPL and children from age 6 through 18 in families with gross incomes in excess of 100% of the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-16
Effective Date: 0107/01/17
16 Approval Date_______08/03/17 FPL but at or below 200% of the FPL.
The former Title XXI program, CMSIP, covered children up to 185% of the FPL and used the same income methodologies applied under the Virginia State Plan for Medical Assistance that are applied to children in the poverty income related groups.
Children who were enrolled in CMSIP on the date of FAMIS implementation, August 2001, were automatically enrolled in FAMIS. The income methodology for these children is protected. In the event that their gross family income exceeds the FAMIS limits, their eligibility will be determined using the income requirements of the CMSIP program for as long as they remain continuously eligible.
Effective October 1, 2013, MAGI-based income methodologies are in force. Effective January 1, 2014, the upper limit of eligibility for Medicaid Expansion increased from 133% to 143% FPL; the lower limit of eligibility for the Separate CHIP program also increased to 143% FPL. See approved templates effective January 1, 2014: CS3 (Eligibility for Medicaid Expansion Program), and CS7 (Eligibility – Targeted Low- Income Children).
4.1.4.
Resources (including any standards relating to spend downs and disposition of resources):
4.1.5. Residency (so long as residency requirement is not based on length of time in state):
Eligible children must be Virginia residents. See approved template effective January 1, 2014: CS17 (Non-Financial Eligibility – Residency).
4.1.6.
Disability Status (so long as any standard relating to disability status does not restrict eligibility):
4.1.7. Access to or coverage under other health coverage:
Any child covered under a group health plan or under health insurance coverage, as defined in § 2791 of the Public Health Service Act (42 U.S.C. § 300gg-91(a) and (b)(1)) shall not be eligible for the program.
4.1.8. Duration of eligibility:
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-17
Effective Date: 0107/01/17
17 Approval Date_______08/03/17
Children enrolled in FAMIS are eligible for coverage as of the first day of the month in which a completed application is received at either the local department of social services in the locality where the child resides or electronically or telephonically through Cover Virginia. Effective 08-01- 06, if a child enrolled in FAMIS is born within the three months prior to the month in which a signed application is received, coverage is effective retroactive to their date of birth if they would have met all eligibility criteria during that time.
Effective 08-01-03, enrollment is for 12 continuous months, unless one of the following events occurs before the annual renewal: 1) an increase in gross monthly income to above 200% FPL; 2) a child moves out of state; 3) a child turns age 19; 4) the family requests cancellation; or 5) the family reports a change and the child is determined eligible for Medicaid. Families must report the following changes before the annual renewal: 1) an increase in gross monthly income or change in family size resulting in a family income above 200% FPL; or 2) an enrolled child moving out of the Commonwealth of Virginia. If none of the above changes is reported, eligibility will be renewed annually. See approved template effective January 1, 2014: CS27 (General Eligibility – Continuous Eligibility).
4.1.9. Other standards (identify and describe):
Prior to January 1, 2015, children were not eligible for the Family Access to Medical Insurance Security Plan: (1) if they are a member of a family eligible for employer-sponsored dependent health insurance coverage under any Virginia State Employee Health Insurance Plan, (2) if they are inmates of public institutions, (3) if they are inpatients in an institution for mental disease, or (4) if their parent or other authorized representative does not meet the requirements on assignment of rights to benefits or cooperation with the agency in identifying and providing information to assist the Commonwealth in pursuing any liable third party. As of January 1, 2015, dependents of state employees able to access subsidized health insurance are eligible to enroll in FAMIS, if they otherwise qualify. See attached approved template effective January 1, 2015: CS10 (Eligibility – Children Who Have Access to Public Employee Coverage). All other eligibility requirements noted above remain in effect. The Commonwealth performed an analysis of public employee coverage costs for 20165 – 176, and confirms that the previously approved Hardship Exception still applies. See attachment Hardship Exception Analysis 20165-176. Effective 01-01-10, upon signing the declaration of citizenship or nationality required by § 1137(d) of the Social Security Act, the applicant
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-18
Effective Date: 0107/01/17
18 Approval Date_______08/03/17 or recipient is required under § 2105(c)(9) to furnish satisfactory documentary evidence of U.S. citizenship or nationality and documentation of personal identity unless citizenship or nationality has been verified by the Commissioner of Social Security or unless otherwise exempt. Applicants who otherwise meet eligibility requirements are enrolled and are permitted a reasonable opportunity to provide the required verification. See approved templates effective January 1, 2014: CS16 (Spenddowns); CS18 (Citizenship); CS19 (Social Security Number); CS21 (Non-Payment of Premiums; CS23 (Other Eligibility Standards); and, CS28 (Presumptive Eligibility for Children). Guidance: States have the option to cover groups of “lawfully residing” children and/or pregnant women. States may elect to cover (1)“lawfully residing” children described at section 2107(e)(1)(J) of the Act; (2) “lawfully residing” pregnant women described at section 2107(e)(1)(J) of the Act; or (3) both. A state electing to cover children and/or pregnant women who are considered lawfully residing in the U.S. must offer coverage to all such individuals who meet the definition of lawfully residing, and may not cover a subgroup or only certain groups. In other words, a State that chooses to cover pregnant women under this option must otherwise cover pregnant women under their State plan as described in 4.1.11. In addition, states may not cover these new groups only in CHIP, but must also extend the coverage option to Medicaid. States will need to update their budget to reflect the additional costs for coverage of these children. If a State has been covering these children with State only funds, it is helpful to indicate that so CMS understands the basis for the enrollment estimates and the projected cost of providing coverage. Please remember to update section 9.10 when electing this option.
4.1- LR
Lawfully Residing Option (Sections 2107(e)(1)(J) and 1993(v)(4)(A);
This section is replaced by approved template CS18 (Citizenship).
4.2. The state assures that it has made the following findings with respect to the eligibility standards in its plan: (Section 2102)(b)(1)(B)) (42CFR 457.320(b))
4.2.1. These standards do not discriminate on the basis of diagnosis. 4.2.2. Within a defined group of covered targeted low-income children, these standards do not cover children of higher income families without covering children with a lower family income. 4.2.3. These standards do not deny eligibility based on a child having a pre- existing medical condition.
4.3. Describe the methods of establishing eligibility and continuing enrollment. (Section 2102)(b)(2)) (42CFR 457.350)
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-19
Effective Date: 0107/01/17
19 Approval Date_______08/03/17 Section 4.3 is superseded by the attached approved template CS24 and associated attachments.
Effective September 1, 2002, the State intensified efforts to enroll children in health care coverage through both its FAMIS and Medicaid programs. The Medicaid income limits for poverty level children were increased to 133% of the federal poverty level for children ages 6-19, thereby creating a single income limit for all poverty level children. A Title XIX State Plan Amendment effective September 1, 2002 was submitted to expand this income limit. Note: Children with income in excess of 100% FPL but equal to or less than 133% FPL who were currently enrolled in FAMIS became Medicaid eligible effective on this date. Families of these children were notified of this change, the different benefit package available to Medicaid recipients, and the fact that their children’s cases would be transferred to and maintained by the local department of social services in the locality where they reside. As noted in section 4.1.3, effective January 1, 2014, the income eligibility level changed from 133% to 143% FPL.
See also approved templates effective January 1, 2014: CS13 (Deemed Newborns) and CS15 (MAGI-Based Income Methodologies).
A single child health insurance application form was implemented September 2002. October 1, 2013 Virginia began using the new single streamlined application.
Historically, the Commonwealth contracted with a private entity to operate a Central Processing Unit for receipt and review of applications, for conducting a screen for Medicaid eligibility and for making FAMIS eligibility determinations for those children who did not appear to be eligible for Medicaid. Families were able to apply by mail, by phone, by fax or on the FAMIS.org website. Effective July 2010, new and renewal applications made through the FAMIS.org website could be signed with an electronic signature. Effective January 2011, new and renewal applications could be signed over the telephone with an electronically recorded signature. Approved Medicaid cases were then transferred to the local department of social services in the city or county where the child resides for on-going case maintenance. Children eligible for FAMIS were enrolled in the FAMIS program and their cases transferred to the FAMIS Central Processing Unit for ongoing case maintenance.
Effective October 1, 2013, the Central Processing Unit ceased to process new applications, and began transitioning management of active FAMIS cases to local departments of social services. At that time, Virginia began accepting the new MAGI single streamlined application telephonically and electronically. The Central Processing Unit ceased operations on January 31, 2014.
FAMIS cases are reviewed annually to determine continued eligibility. Effective 08-01-
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-20
Effective Date: 0107/01/17
20 Approval Date_______08/03/17 03, enrollment is for 12 continuous months, unless one of the following events occurs before the annual renewal: 1) an increase in gross monthly income to above 200% FPL; 2) a child moves out of state; 3) a child turns age 19; 4) the family requests cancellation; or 5) the family reports a change and the child is determined eligible for Medicaid. Families must report the following changes before annual renewal: 1) an increase in gross monthly income or change in family size that results in family income above 200% FPL; or 2) an enrolled child moves out of the Commonwealth of Virginia. Medicaid cases are reviewed in accordance with established Medicaid policy. At the time of redetermination and/or renewal, a child found ineligible for either Medicaid or FAMIS will have his eligibility automatically determined in the other program.
A series of eligibility process enhancements occurred in 2010 – 2011 as follows: • Beginning in July 2010, recipients up for renewal received a renewal packet in the mail with a PIN and Family ID number with the option to log into the FAMIS.org website and view/submit a renewal application pre-populated with family information, including income information from the most recent eligibility determination. • On October 1, 2010, the FAMIS CPU implemented an administrative renewal process. Additional fields were added to both the paper and the electronic renewal pre-populated application to allow the recipient to attest that the income had not changed from the previous reporting period. In addition, families could report any changes in income. If the responsible person did not confirm or report a change in income source, the CPU attempted to electronically verify the household income through the Department of Social Service’s data warehouse. When the CPU could not verify income either though electronic means or other documentation, a letter went to the family requesting the verification. If the CPU did not receive the requested verifications, a letter notified the family that coverage would be canceled in accordance with the procedure described in Section 12.1. • Application options expanded with the addition of telephonic signature capability. Effective January 1, 2011, new applicants could obtain application assistance and sign the application over the telephone. • In an effort to reach more recipients on a monthly basis, DMAS added text messaging to the automated outreach performed at the CPU. Those who opted into the service received a reminder text message prior to an automated outbound phone call that all enrollees currently receive. The triggers for reminders included: upcoming renewal, newborn birth needs to be reported, deficiency in application and cancellation due to not returning renewal. Reminders were in both English and Spanish.
The Medicaid and FAMIS programs aligned with the open enrollment period of October 1, 2013. DMAS modified an existing contract with Xerox (now Conduent) to launch the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-21
Effective Date: 0107/01/17
21 Approval Date_______08/03/17 Cover Virginia Call Center to accept the single streamlined application used to make determinations of eligibility and enrollment in all insurance affordability programs. This call center supports electronic and telephonic application and signature. Cover Virginia also processes hospital reports to expedite electronic enrollment for deemed newborns. The call center answers eligibility and covered services questions for the general Medicaid and FAMIS population. The Cover Virginia website (www.coverva.org) went live to provide users a self-directed eligibility screener, based on MAGI methodologies, and a link to an on-line application. In August 2014, the eligibility system (VaCMS) incorporated an automated determination for those applications that were complete.
Beginning with renewals due in April 2014, FAMIS cases were converted monthly into the new eligibility system, renewed by the LDSS where the child resides, and maintained by the LDSS where the child resides. Due to the volume of applications received from the federally facilitated marketplace (FFM), it was determined that the local LDSS staff did not have the capacity to process FFM case transfer applications. Steps were taken during the remainder of 2014 to reinstate a Central Processing Unit function through Cover Virginia through the state's new eligibility system resulting in a determination of eligibility for MAGI cases. This process is monitored by col-located state staff. Cover Virginia now processes telephonic and FFM applications. The Virginia Department of Social Services (VDSS) has subsequently added capacity for a limited central processing unit as well.
No Entitlement: In accordance with § 2102(b)(4) of the Social Security Act and § 32.1- 353 of the Code of Virginia, the Family Access to Medical Insurance Security Plan shall not create any individual entitlement for payment of medical services or any right or entitlement to participation.
Beginning January 1, 2017, in the event that all or a portion of the Commonwealth is declared a disaster area by the Governor or FEMA, the Virginia FAMIS program, in consultation with the Departments of Health and Social Services, will have the option of extending the renewal grace period an additional 90 days for families living and/or working in the affected disaster area during the time of the disaster.
DMAS will notify CMS in the event of a declared disaster and Virginia's intent to implement this policy modification. The CMS notification will include the intent to modify the renewal process, the areas affected by the disaster, and the effective dates of the policy modification. The next twelve-month continuous eligibility period will begin the month after the renewal completion date.
4.3.1 Describe the state’s policies governing enrollment caps and waiting lists (if any). (Section 2106(b)(7)) (42CFR 457.305(b))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-22
Effective Date: 0107/01/17
22 Approval Date_______08/03/17
Check here if this section does not apply to your state.
4.4. Describe the procedures that assure that:
4.4.1. Through the screening procedures used at intake and follow-up eligibility determination, including any periodic redetermination, that only targeted low- income children who are ineligible for Medicaid or not covered under a group health plan or health insurance coverage (including access to a state health benefits plan) are furnished child health assistance under the state child health plan. (Sections 2102(b)(3)(A) and 2110(b)(2)(B)) (42 CFR 457.310(b) (42CFR 457.350(a)(1)) 457.80(c)(3))
Section 4.4 is superseded by approved template CS24 and associated attachments.
The application asks for employer information and whether children currently have health insurance. The screening question regarding access to state employee insurance was removed in accordance with the January 2015 policy change.
As described in §4.3 above, all applications for child health insurance coverage are screened for completeness of information, the presence of other health insurance, verification of income, and Medicaid eligibility. Beginning January 1, 2014, children who will lose Medicaid due to changes in income at their first renewal applying MAGI standards will be provided coverage under FAMIS. See template CS14 (Eligibility – Children Ineligible for Medicaid as a Result of the Elimination of Income Disregards). Those children with employer-sponsored or private insurance have the option to enroll in FAMIS Select to avoid termination at their next annual eligibility review. 4.4.2. The Medicaid application and enrollment process is initiated and facilitated for children found through the screening to be potentially eligible for medical assistance under the state Medicaid plan under Title XIX. (Section 2102)(b)(3)(B)) (42CFR 457.350(a)(2))
Prior to October 1, 2013, applications received at the FAMIS Central Processing Unit were screened for Medicaid eligibility and, if found to be potentially eligible for Medicaid, transferred directly by the FAMIS staff to Medicaid eligibility workers co-located at the FAMIS Central Processing Unit. Medicaid workers, either at the Central Processing Unit, or at local departments of social
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-23
Effective Date: 0107/01/17
23 Approval Date_______08/03/17 services completed a Medicaid eligibility determination on all applications.
As of October 1, 2013, the Cover Virginia Call Center supports telephonic application and signature. At the same time, the existing Central Processing Unit stopped processing new applications for FAMIS. The call center answers eligibility and covered services questions for the general Medicaid and FAMIS population. The Cover Virginia website (www.coverva.org) also went live to provide users a self-directed eligibility screener, based on MAGI methodologies, and a link to an on-line application.
4.4.3. The State is taking steps to assist in the enrollment in SCHIP of children determined ineligible for Medicaid. (Sections 2102(a)(1) and (2) and 2102(c)(2)) (42CFR 431.636(b)(4))
A single streamlined application and process facilitates eligibility determination and enrollment of children in the appropriate program, either Medicaid or FAMIS. As noted above, beginning January 1, 2014, children who will lose Medicaid due to changes in income at their first renewal applying MAGI standards will be provided coverage under FAMIS.
4.4.4 The insurance provided under the state child health plan does not substitute for coverage under group health plans. Check the appropriate box. (Section 2102)(b)(3)(C)) (42CFR 457.805) (42 CFR 457.810(a)-(c))
4.4.4.1. Coverage provided to children in families at or below 200% FPL: describe the methods of monitoring substitution.
Only uninsured children shall be eligible for FAMIS. The single streamlined application requests information on health insurance coverage the child may have.
DMAS will conduct a focused survey of applicants every five years to determine the percentage of enrollees who have dropped employer-based health insurance for enrollment in FAMIS. See template effective July 2014: CS20 (Substitution of Coverage). Assignment of rights to medical support is a condition of eligibility.
4.4.4.2.
Coverage provided to children in families over 200% and up to 250% FPL: describe how substitution is monitored and identify specific strategies to limit substitution if levels become
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-24
Effective Date: 0107/01/17
24 Approval Date_______08/03/17 unacceptable.
4.4.4.3. Coverage provided to children in families above 250% FPL: describe how substitution is monitored and identify specific strategies in place to prevent substitution.
4.4.4.4 If the state provides coverage under a premium assistance program, describe:
The minimum period without coverage under a group health plan, including any allowable exceptions to the waiting period.
The minimum employer contribution.
The cost-effectiveness determination.
4.4.5 Child health assistance is provided to targeted low-income children in the state who are American Indian and Alaska Native. (Section 2102)(b)(3)(D)) (42 CFR 457.125(a))
American Indian and Alaska Native children are eligible for the Family Access to Medical Insurance Security Plan on the same basis as any other children in the Commonwealth, and are served statewide by Marketing and Outreach efforts. At this time Virginia has one federally recognized Indian tribe. The geographic region that is home to the Pamunkey Indian Tribe is currently served by Outreach staff who act as resources to ensure that Indian families understand the program and can access the provider network to secure covered services.
No cost sharing is imposed on American Indian and Alaska Native children.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-25
Effective Date: 0107/01/17
25 Approval Date_______08/03/17 Section 5. Outreach (Section 2102(c)) Describe the procedures used by the state to accomplish:
Outreach to families of children likely to be eligible for child health assistance or other public or private health coverage to inform them of the availability of the programs, and to assist them in enrolling their children in such a program: (Section 2102(c)(1)) (42CFR 457.90)
Pursuant to the 2004 amendment to § 32.1-351.2 of the Code of Virginia, DMAS has established the Children’s Health Insurance Advisory Committee. The Committee consists of no more than 20 members and shall include membership from appropriate entities, as follows: one representative of the Joint Commission on Health Care, the Department of Social Services, the Department of Health, the Department of Education, the Department of Behavioral Health and Developmental Services, the Virginia Health Care Foundation, various provider associations and children's advocacy groups; and other individuals with significant knowledge and interest in children's health insurance. The Committee may report on the current status of FAMIS and FAMIS Plus and make recommendations as deemed necessary to the Director of the Department of Medical Assistance Services and the Secretary of Health and Human Resources. The Committee is staffed by DMAS Marketing and Outreach staff.
DMAS maintains Marketing and Outreach staff to conduct statewide outreach, oversee campaigns, attend community events, sit on coalitions, and design and print flyers, brochures, posters, and other support materials in English and Spanish. This staff also oversees content for the Cover Virginia website and FAMIS and Cover Virginia Facebook pages and Cover Virginia You Tube and Twitter Accounts. The marketing and outreach efforts promote FAMIS and Medicaid and may include the following:
Coordination with Other State Agencies -- Assistance is sought from other agencies, including Virginia’s Department of Education, Department of Health, and Department of Social Services to promote the program to potential new enrollees. Utilizing the highly successful annual Back to School Campaign in conjunction with the Free and Reduced School Lunch Program, school systems are a primary vehicle for sending information home to parents about the FAMIS program. This campaign usually results in a 25% increase in applications during the month of September. In addition, State agencies are routinely educated and trained about the program, informed of any changes or new initiatives, and are provided with informational fact sheets, website links, and other materials.
Coordination with other Community Based Organizations -- The Commonwealth actively encourages participation of a wide range of organizations, including, but not limited to, those organizations that target high concentrations of uninsured children.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-26
Effective Date: 0107/01/17
26 Approval Date_______08/03/17 DMAS has partnered with a network of Community Based Organizations (CBO) to promote and facilitate enrollment of children in the FAMIS and Medicaid programs. DMAS will continue to build coalitions and infrastructure at the state and local level that will provide awareness and application assistance in both FAMIS and Medicaid. DMAS continues to work closely with its contractor, the Virginia Health Care Foundation, in coordinating local outreach efforts through various CBO that have expertise in providing outreach and application assistance, including translation services to reach eligible families with limited English speaking abilities. All outreach materials are available in both English and Spanish. DMAS continues to provide these organizations with the support and tools needed to reach these families.
In 20165, DMAS again contracted with a marketing firm to launch a media campaign aimed solely at increasing enrollment of eligible uninsured children in FAMIS and Medicaid. The campaign went into production in summer 2015 to create expanded on the TV and radio spots, digital and Spanish print ads, posters, and brochures that were created in 2015. It launched in August 20165 in conjunction with the annual Back to School campaign. A second “cold and flu” media buy took place in January 20176 and a third spring media buy took place in April/May 20176.
Coordination with the Business Community -- DMAS will contact Virginia businesses and business associations to request their cooperation in enrolling employees’ children, sponsorship opportunities, advertising partnerships, and support of the State’s child health insurance programs. These groups will be provided with materials outlining the importance and benefits of the program so that they can make informed decisions on their ability and level of participation.
Coordination with the Health Care Associations and Providers -- The Commonwealth partners with health care associations and requests their cooperation in performing outreach for Virginia’s child health insurance programs. Outreach information is provided to health care associations and health care providers so that they can distribute FAMIS and Medicaid information to their members.
Cover Virginia Call Center– Effective October 2013, the Commonwealth, through a contractor, provides a call center with a toll-free number that provides general program information, assists callers with completing new and renewal applications, documents reported changes in status, provides status updates on pending application, and helps enrollees with selecting a MCO as needed. On-line resources are available to support customer service representatives in assisting callers and making referrals to other programs. DMAS continues to coordinate outreach efforts in conjunction with the call center and works to develop better outreach evaluation methods. The call center provides translation services for non-English speaking callers in 148 of the most commonly spoken languages around the world.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-27
Effective Date: 0107/01/17
27 Approval Date_______08/03/17
www.coverva.org – This web site, in tandem with the Cover Virginia Call Center, provides program information as well as information about DMAS contracted MCOs. The site is a resource for consumers, patient navigators, and community partners. It provides information on eligibility, training for community partners who assist with enrollment, and features a News section for timely updates and notices. Providers and partners can order materials. The site provides an on-line eligibility screening tool using MAGI income methodologies, and if the user is found eligible, a link to the CommonHelp application. If the user is not eligible, information on other sources of care is available, as is a link to the FFM. The site is also a source of health information for populations served by public insurance.
FAMIS and Cover Virginia Facebook -- DMAS monitors and updates weekly FAMIS and Cover Virginia Facebook and Cover Virginia Twitter accounts which were established to capitalize on social media as a method of communicating with applicants and enrollees. They serve as great tools for promoting current health related messages to pregnant women, families with children, and teens themselves.
The Commonwealth has not received any gifts or in-kind contributions from the business community to support the Commonwealth’s Child Health Insurance Program. Any gifts, donations, or in-kind contributions that have been provided have been given directly to the outreach efforts (as described above) or have been provided directly to the grantees providing/supporting the outreach efforts. As stated above, none of these funds are used to draw-down the Title XXI federal match.
Virginia currently has no health insurance programs that involve a public-private partnership.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-28
Effective Date: 0107/01/17
28 Approval Date_______08/03/17 Section 6. Coverage Requirements for Children’s Health Insurance (Section 2103)
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 7.
6.1. The state elects to provide the following forms of coverage to children: (Check all that apply.) (42CFR 457.410(a))
6.1.1.
Benchmark coverage; (Section 2103(a)(1) and 42 CFR 457.420) 6.1.1.1.
FEHBP-equivalent coverage; (Section 2103(b)(1)) (If checked, attach copy of the plan.) 6.1.1.2.
State employee coverage; (Section 2103(b)(2)) (If checked, identify the plan and attach a copy of the benefits description.) 6.1.1.3.
HMO with largest insured commercial enrollment (Section 2103(b)(3)) (If checked, identify the plan and attach a copy of the benefits description.)
6.1.2.
Benchmark-equivalent coverage; (Section 2103(a)(2) and 42 CFR 457.430) Specify the coverage, including the amount, scope and duration of each service, as well as any exclusions or limitations. Please attach a signed actuarial report that meets the requirements specified in 42 CFR 457.431. See instructions.
6.1.3.
Existing Comprehensive State-Based Coverage; (Section 2103(a)(3) and 42 CFR 457.440) [Only applicable to New York; Florida; Pennsylvania] Please attach a description of the benefits package, administration, date of enactment. If existing comprehensive state-based coverage is modified, please provide an actuarial opinion documenting that the actuarial value of the modification is greater than the value as of 8/5/97 or one of the benchmark plans. Describe the fiscal year 1996 state expenditures for existing comprehensive state-based coverage.
6.1.4. Secretary-Approved Coverage. (Section 2103(a)(4)) (42 CFR 457.450) 6.1.4.1. Coverage the same as Medicaid State plan 6.1.4.2. Comprehensive coverage for children under a Medicaid
Section 1115 demonstration project 6.1.4.3. Coverage that either includes the full EPSDT benefit or
that the state has extended to the entire Medicaid population 6.1.4.4. Coverage that includes benchmark coverage plus additional coverage 6.1.4.5.
Coverage that is the same as defined by existing comprehensive state-based coverage
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-29
Effective Date: 0107/01/17
29 Approval Date_______08/03/17 6.1.4.6.
Coverage under a group health plan that is substantially equivalent to or greater than benchmark coverage through a benefit by benefit comparison (Please provide a sample of how the comparison will be done) 6.1.4.7. Other (Describe)
Secretary-approved coverage through a modified Title XIX look-alike (a fee-for-service component) is the delivery system provided for newly eligible children until they are enrolled in an MCO.
Secretary-approved coverage modeled after the state employee plan provides coverage using the Key Advantage Plan. This plan is the PPO option for state employees that was offered statewide in June 2000. Several enhanced benefits are added to the plan. The services under the Key Advantage Member Handbook are briefly outlined in the checklist in § 6.2. The enhanced benefits that are provided in addition to the Key Advantage Plan are listed at the end of this checklist. This coverage is provided for children enrolled in an MCO.
6.2. The state elects to provide the following forms of coverage to children: (Check all that apply. If an item is checked, describe the coverage with respect to the amount, duration and scope of services covered, as well as any exclusions or limitations) (Section 2110(a)) (42CFR 457.490)
Secretary-approved coverage modeled after the state employee, Virginia’s Key Advantage State Employee Benefit Plan in effect in June 2000, is summarized in the checklist below (6.2.1 --6.2.28). The additional coverage provided is listed separately at the bottom of the checklist. NOTE: The FAMIS program has two separate health care services delivery systems, described immediately below and at 6.2.1.A – 6.2.28.A, below.
6.2.1. Inpatient services (Section 2110(a)(1))
365 days per confinement; includes ancillary services.
6.2.2. Outpatient services (Section 2110(a)(2))
Outpatient services include emergency services, surgical services, and professional provider services in a physician’s office or outpatient hospital department. Facility charge for outpatient department of a
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-30
Effective Date: 0107/01/17
30 Approval Date_______08/03/17 hospital or hospital emergency room, separate from physician or diagnostic services.
6.2.3. Physician services (Section 2110(a)(3))
Physician services include services while admitted in the hospital, or in a physician’s office, or outpatient hospital department.
6.2.4. Surgical services (Section 2110(a)(4))
Surgical services include services provided in §§ 6.2.1, 6.2.2, and 6.2.3.
6.2.5. Clinic services (including health center services) and other ambulatory health care services. (Section 2110(a)(5))
Clinic services include services provided in §§ 6.2.2 and 6.2.3.
6.2.6. Prescription drugs (Section 2110(a)(6))
Covered for outpatient prescription drugs. Mandatory generic program.
6.2.7. Over-the-counter medications (Section 2110(a)(7))
Optional - May be covered at the discretion of the health plan.
6.2.8. Laboratory and radiological services (Section 2110(a)(8))
Outpatient diagnostic tests, X-rays, and laboratory services covered in a physician's office, hospital, independent and clinical reference lab.
6.2.9. Prenatal care and prepregnancy family services and supplies (Section 2110(a)(9))
Maternity service including routine prenatal care is covered. Prepregnancy family services include coverage for prescription drugs and devices approved by the U.S. Food and Drug Administration for use as contraceptives. Contraceptive drugs and devices eligible for reimbursement are oral contraceptives, depo provera, cervical caps, diaphragms, intrauterine devices and transdermal implants.
6.2.10. Inpatient mental health services, other than services described in 6.2.18., but including services furnished in a state-operated mental hospital and including residential or other 24-hour therapeutically planned structural services. (Section 2110(a)(10))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-31
Effective Date: 0107/01/17
31 Approval Date_______08/03/17
Inpatient acute mental health services other than those (a) services furnished in a state-operated mental hospital, (b) services furnished by IMDs, or (c) residential services or other 24-hour therapeutically planned structural services.
Effective 07-01-10, medically necessary inpatient mental health services are covered for 365 days per confinement.
6.2.11. Outpatient mental health services, other than services described in 6.2.19, but including services furnished in a state-operated mental hospital and including community-based services (Section 2110(a)(11)
Effective 07-01-10, medically necessary outpatient mental health services (including, but not limited to those listed below) are covered without limitations.
A. Outpatient mental health services, other than services furnished in a state- operated mental hospital. These services are subject to prior authorization by the enrollee’s MCO.
B. Effective 08-01-2003, the following community mental health services are covered under this state plan. Effective 12-01-2013, these services are managed and reimbursed by the contracted Behavioral Health Services Administrator (BHSA) which will coordinate care with the enrollee’s MCO:
1. Intensive in-home services to children and adolescents under age 19 shall be time-limited interventions provided typically but not solely in the residence of a child who is at risk of being moved into an out-of-home placement or who is being transitioned to home from out-of-home placement due to a documented medical need of the child. These services provide crisis treatment; individual and family counseling; and communication skills (e.g., counseling to assist the child and his parents to understand and practice appropriate problem-solving, anger management, and interpersonal interaction, etc.); case management activities and coordination with other required services; and 24-hour emergency response. These services shall be limited annually to 26 weeks. Services must be directed toward the treatment of the eligible child and delivered primarily in the family's residence with the child present.
2 Therapeutic day treatment provides evaluation; medication; education
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-32
Effective Date: 0107/01/17
32 Approval Date_______08/03/17 and management; opportunities to learn and use daily living skills and to enhance social and interpersonal skills (e.g., problem-solving, anger management, community responsibility, increased impulse control, and appropriate peer relations, etc.); and individual, group and family psychotherapy. The service shall be provided two or more hours per day in order to provide therapeutic interventions. Services are limited annually to 780 units: one unit of service is defined as a minimum of two hours but less than three hours in a given day. Two units of service shall be defined as a minimum of three but less than five hours in a given day. Three units of service shall be defined as five or more hours of service in a given day.
3. Crisis Intervention - Crisis intervention shall provide immediate mental health care, available 24 hours a day, seven days per week, to assist individuals who are experiencing acute psychiatric dysfunction requiring immediate clinical attention. Crisis intervention activities, are limited annually to 720 units per year (a unit equals 15 minutes) and shall include assessing the crisis situation, providing short-term counseling designed to stabilize the individual, providing access to further immediate assessment and follow-up, and linking the individual and family with ongoing care to prevent future crises. Crisis intervention services may include office visits, home visits, preadmission screenings, telephone contacts, and other client- related activities for the prevention of institutionalization.
4. Case Management - Case management services for youth at risk of serious emotional disturbance and who meet the definition of Seriously Emotionally Disturbed. Case management services assist youth at risk of serious emotional disturbance and with a diagnosis of Serious Emotional Disturbance in accessing needed medical, psychiatric, social, educational, vocational, and other supports essential to meeting basic needs. Services to be provided include: Assessment and planning, linking the individual directly to services and supports, assisting the individual directly for the purpose of locating, developing or obtaining needed service and resources, coordinating services and service planning, enhancing community integration, making collateral contacts, follow up and monitoring, and education and counseling.
5. Behavioral Therapies – The 2016 State budget, to be effective 07-01- 2016, includes coverage for behavioral therapies under FAMIS. Behavioral therapies are systematic interventions provided by licensed practitioners, within their scope of practice defined under state law or regulations, to individuals younger than 19 years of age, usually in the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-33
Effective Date: 0107/01/17
33 Approval Date_______08/03/17 individual’s home. Behavioral therapy includes, but is not limited to, applied behavior analysis. Services are designed to enhance communication skills and decrease maladaptive patterns of behavior which, if left untreated, could lead to more complex problems and the need for a greater or a more restrictive level of care. The service goal is to ensure the individual’s family is trained to effectively manage the individual’s behavior in the home and community settings using behavioral modification strategies. Behavioral therapy services must be preauthorized and based on a medical necessity determination. C. As of 07-01-17 peer support services are covered. Peer Support Services extend existing comprehensive behavioral health and substance use treatment services to help facilitate recovery from even the most serious mental health and substance use disorders. Peer support providers are self- identified individuals who are in successful and ongoing recovery from mental health and/or substance use disorders. Peer support providers shall be sufficiently trained and certified to deliver services. Peer Support Services are delivered by peers (trained/certified individuals with lived experience with mental health and/or substance use disorders) who have been successful in the recovery process and can extend the reach of treatment beyond the clinical setting into an individual’s community to support and assist a member with staying engaged in the recovery process. A Peer Support service called Family Support Partners shall be provided to individuals under the age of 21 who have a mental health or substance use disorder or co-occurring mental health and substance use disorders which are the focus of the support with their caregiver. Peer support services are limited to four hours a day and 900 hours per year.
6.2.12. Durable medical equipment and other medically-related or remedial devices (such as prosthetic devices, implants, eyeglasses, hearing aids, dental devices, and adaptive devices). (Section 2110(a)(12)) Durable medical equipment, prosthetic devices, hearing aids, and eyeglasses are covered when medically necessary with certain limitations. 6.2.13. Disposable medical supplies. (Section 2110(a)(13))
Medically necessary disposable medical supplies provided in an inpatient or outpatient setting are covered.
6.2.14. Home and community-based health care services (See instructions) (Section 2110(a)(14))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-34
Effective Date: 0107/01/17
34 Approval Date_______08/03/17
Includes coverage of up to 90 visits per calendar year. Includes nursing and personal care services, home health aides, physical therapy, occupational therapy, and speech, hearing, and inhalation therapy.
6.2.15. Nursing care services (See instructions) (Section 2110(a)(15))
Nurse practitioner services, nurse midwife services, and private duty nursing services are covered. Skilled nursing services provided for special education students are covered with limitations.
6.2.16. Abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. (Section 2110(a)(16) Abortion only if necessary to save the life of the mother.
6.2.17. Dental services (Section 2110(a)(17)) Coverage includes diagnostic, preventive, primary, prosthetic and complex restorative services. Coverage does not include routine bases under restorations. Coverage shall include full-banded orthodontics and related services to correct abnormal and correctable malocclusion for enrollees. Post- treatment stabilization retainers and follow-up visits are included in the orthodontic services. Effective 12/1/02, the benefit limits for orthodontic services increased to mirror Medicaid. 6.2.18. Inpatient substance abuse treatment services and residential substance abuse treatment services (Section 2110(a)(18)) Other than (a) services furnished in a state-operated mental hospital, (b) services furnished in IMDs, or (c) residential services or other 24-hour therapeutically planned structural services. Effective 7/1/10, medically necessary inpatient substance abuse treatment services are covered for 365 days per confinement. 6.2.19. Outpatient substance abuse treatment services (Section 2110(a)(19)) Effective 7/1/10, there is no visit limit on medically necessary outpatient substance abuse treatment services. As of 4/1/17 such services include outpatient, intensive outpatient, partial hospitalization, medication assisted treatment, and case management. Peer support services (as discussed in section 6.2.11 C) are effective 7/1/17.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-35
Effective Date: 0107/01/17
35 Approval Date_______08/03/17
6.2.20. Case management services (Section 2110(a)(20))
The State may elect to offer benefits for an approved, alternative treatment plan for a recipient who would otherwise require more expensive services. These services will be offered on a case-by-case- basis. Effective October 1, 2011, targeted case management is provided by a certified Early Intervention Case Manager and reimbursed directly by DMAS for children from birth up to age three years who are in need of early intervention services.
6.2.21.
Care coordination services (Section 2110(a)(21))
6.2.22. Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders (Section 2110(a)(22))
Medically necessary services used to treat or promote recovery from an illness or injury are covered with limitations.
6.2.23. Hospice care (Section 2110(a)(23))
Hospice services include a program of a home and inpatient care provided directly under the direction of a licensed hospice. Hospice care programs include palliative and supportive physician, psychological, psychosocial, and other health services to individuals utilizing a medically directed interdisciplinary team. Hospice care services are available if the enrollee is diagnosed with a terminal illness with a life expectancy of six months or fewer. Effective 3/23/10, hospice care is available concurrently with care related to the treatment of the child’s condition with respect to which a diagnosis of terminal illness has been made.
6.2.24. Any other medical, diagnostic, screening, preventive, restorative, remedial, therapeutic, or rehabilitative services. (See instructions) (Section 2110(a)(24))
Coverage of chiropractic and vision services with benefit limitations. Effective 12/1/02, the vision co-payments levels for each FPL will decrease. Reimbursement levels for frames and trifocal lenses will increase.
Effective 10/1/09, coverage for early intervention services was expanded to include all certified Early Intervention Professionals and Early Intervention Specialists.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-36
Effective Date: 0107/01/17
36 Approval Date_______08/03/17 6.2.25. Premiums for private health care insurance coverage (Section 2110(a)(25))
Premiums for private health care insurance coverage will be covered as outlined in § 3.1.
6.2.26. Medical transportation (Section 2110(a)(26))
Professional ambulance services under certain conditions are covered when used locally to or from a covered facility or provider’s office. Ambulance services if prearranged by the Primary Care Physician and authorized by the Company if, because of enrollee’s medical condition, the enrollee cannot ride safely in a car when going to the provider’s office or to the outpatient department of the hospital. Ambulance services will be covered if the enrollee’s condition suddenly becomes worse and must go to a local hospital’s emergency room. For coverage of ambulance services, the following three conditions must be met: (a) The trip to the facility or office must be to the nearest one recognized by the health plan administrator as having services adequate to treat the condition; (b) The services received in that facility or provider's office are covered services; and (c) If the health plan administrator requests it, the attending provider must explain why transportation could not occur in a private car or by any other less expensive means. 6.2.27. Enabling services (such as transportation, translation, and outreach services (See instructions) (Section 2110(a)(27))
6.2.28. Any other health care services or items specified by the Secretary and not included under this section (Section 2110(a)(28))
Enhanced Services Provided Beyond Secretary-approved coverage modeled after the state employee plan:
The services described above are the services included in the Key Advantage State Employee Benefit Package in effect in June 2000. FAMIS Secretary-approved coverage modeled after the state employee plan will include all of the Key Advantage benefits plus the additional benefits listed below:
1. Well-child care from age 6 through 18 including visits, laboratory services as recommended by the American Academy of Pediatrics Advisory Committee, and any immunizations as recommended by the Advisory Committee on Immunization Practice (ACIP). (Well- child care from age birth through age 5 is covered under Key
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-37
Effective Date: 0107/01/17
37 Approval Date_______08/03/17 Advantage.)
2. Physical therapy, occupational therapy, services for individuals with speech, hearing and language disorders, psychology/psychiatry services and skilled nursing services, medical evaluation services covered as physicians’ services, transportation, personal care services and assessments are covered as necessary to assess or reassess the need for medical services in a child’s IEP s for special education students are covered under this state plan. The Department reimburses the school divisions directly for the services provided pursuant to the student’s Individualized Education Program (IEP).
3. Blood lead testing.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-38
Effective Date: 0107/01/17
38 Approval Date_______08/03/17 Coverage offered for Secretary-approved coverage through the fee-for-service program is summarized in the checklist below.
6.2.1.A Inpatient services (Section 2110(a)(1)) A. Payment based upon DRG shall be made for medically necessary stays in acute general care facilities within the limits of coverage prescribed with the Title XIX State Plan and state regulations. B. Medically necessary inpatient psychiatric care rendered in a psychiatric unit of a general acute care hospital shall be covered for all children within the limits of coverage prescribed in the Title XIX State Plan and state regulations. C. Payment will not be made for inpatient hospitalization for those surgical and diagnostic procedures listed on the mandatory outpatient surgery list unless the inpatient stay is medically justified or meets one of the exceptions. D. For purposes of organ transplantation, all similarly situated individuals will be treated alike. Transplant services shall be limited to procedures that are not experimental. Transplants are covered when determined medically necessary and preauthorized. E. Coverage for a normal, uncomplicated vaginal delivery shall be limited to the day of delivery plus an additional two days unless additional days are medically justified. Coverage for cesarean births shall be limited to the day of delivery plus an additional four days unless additional days are medically justified. F. Coverage for a radical or modified radical mastectomy for treatment of disease or trauma of the breast shall be limited to 48 hours unless additional days are medically justified. Coverage for a total or partial mastectomy with lymph node dissection for treatment of disease or trauma of the breast shall be limited to 24 hours unless additional days are medically justified.
6.2.2.A Outpatient services (Section 2110(a)(2)) A. Outpatient hospital means preventive, diagnostic, therapeutic, rehabilitative or palliative services that are furnished to outpatients, by or under the direction of a physician or dentist, except in the case of nurse mid- wife services. B. Are furnished by an institution that is licensed or formally approved by the Virginia Department of Health and except in the case of medical supervision of nurse-midwife services, meets the requirements for
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-39
Effective Date: 0107/01/17
39 Approval Date_______08/03/17 participation in Medicare. C. Emergency hospital services provided without limitation. D. Coverage of outpatient observation beds. The following limits and requirements shall apply to DMAS coverage of outpatient observation beds. These services must be billed as outpatient care and may be provided for up to 23 hours. A patient stay of 24 hours or more shall require inpatient precertification and admission.
6.2.3.A Physician services (Section 2110(a)(3)) A. Physician’s services whether furnished in the office, the patient’s home, a hospital, a skilled nursing facility or elsewhere. Elective surgery as defined by the Program is surgery that is not medically necessary to restore or materially improve a body function. Elective and cosmetic surgical procedures are not covered unless performed for physiological reasons and require prior approval by DMAS. B. Routine physicals and immunizations are not covered except when the services are provided under the EPSDT Program and when a well child examination is performed in a private physician’s office for a foster child of the local social services department on specific referral from those departments. C. Psychiatric services are limited to an initial availability of 26 sessions without prior authorization during the first year of treatment. An additional extension of up to 47 sessions during the first treatment year must be prior authorized by DMAS. The availability is further restricted to no more than 26 sessions each succeeding year when approved by DMAS. Psychiatric services are further restricted to no more than three sessions in any given seven-day period. Consistent with the Omnibus Budget Reconciliation Act of 1989 §6403, medically necessary psychiatric services shall be covered when prior authorized by DMAS for individuals younger than 19 year of age when the need for such services has been identified through an EPSDT screen. D. Physician visits to inpatient hospital patients are limited to medically necessary days of inpatient hospitalization. E. Psychological testing and psychotherapy by clinical psychologists licensed by the State Board of Medicine. F. Reimbursement will not be provided for physician services performed in the inpatient setting for those surgical or diagnostic procedures listed on the mandatory outpatient surgery list unless the service is medically justified or meets one of the exceptions.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-40
Effective Date: 0107/01/17
40 Approval Date_______08/03/17 G. For purposes of organ transplantation, all similarly situated individuals will be treated alike. Experimental or investigational procedures are not covered.
6.2.4.A Surgical services (Section 2110(a)(4)) A. Medical surgical services - Medically necessary surgical services are covered. Elective surgery is defined as procedures not medically necessary to restore or materially improve a body function. Elective and cosmetic surgical procedures are not covered unless performed for physiological reasons and require preauthorization. B. See physician services above for organ transplantation. Breast reconstruction/prostheses following mastectomy and breast reduction may be covered if preauthorized following the medically necessary complete or partial removal of a breast for any medical reason. Breast reductions shall be covered, if prior authorized for all medically necessary indications. Such procedures shall be considered non-cosmetic. 6.2.5.A Clinic services (including health center services) and other ambulatory health care services. (Section 2110(a)(5))
Clinic services means preventive, diagnostic, therapeutic, rehabilitative, or palliative items or services that are provided to outpatients by a facility that is not part of a hospital but is organized and operated to provide medical care to outpatients and are furnished by or under the direction of a physician or dentist.
6.2.6.A Prescription drugs (Section 2110(a)(6)) A. Drugs for which Federal Financial Participation is not available pursuant to the requirements of §1927 of the Social Security Act shall not be covered. Legend drugs, with the exception of the drugs or classes of drugs provided for in Supplement 5 of the Medicaid State Plan are covered. Coverage of drugs used for weight loss requires prior authorization. Prescriptions for recipients for specific multiple source drugs shall be filled with generic drug products unless the physician or other practitioners so licensed and certified to prescribe drugs certifies “brand necessary”. The number of refills shall be limited pursuant to the Drug Control Act, Code of Virginia Title §54.1-3411.
B. Coverage includes home infusion therapy which is covered consistent with limits and requirements set out within home health services.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-41
Effective Date: 0107/01/17
41 Approval Date_______08/03/17 C. Effective June 1, 2004, pursuant to § 1927 of the Act and 42 CFR § 440.230, the Department shall require the prior authorization of legend drugs when both institutionalized and non-institutionalized FAMIS enrollees are prescribed high numbers of legend drugs. Over-the-counter drugs and legend drug refills shall not count as a unique prescription for the purposes of prior authorization as it relates to the threshold program.
Prior authorization shall be required for non-institutionalized FAMIS enrollees whose current volume of prescriptions meet the identified threshold limits as defined by the agency’s guidance documents for pharmacy utilization review, limitations, and the prior authorization program. All recipients subject to these prior authorization limits shall be given advance notice of such limits and shall be advised of their rights to appeal. Such appeals shall be considered and responded to pursuant to 12 VAC 30-110-10 et. seq.
Prior authorization shall consist of prospective and retrospective drug therapy review by a licensed pharmacist to ensure that all predetermined clinically appropriate criteria, as established by the department, have been met before the prescription may be dispensed. Prior authorization shall be obtained through a call center staffed with appropriate clinicians, or through written or electronic communications (e.g., faxes, mail). Responses by telephone or other telecommunications device within 24 hours of a request for prior authorization shall be provided. The dispensing of 72-hour emergency supplies of the prescribed drug may be permitted and dispensing fees shall be paid to the pharmacy for such emergency supply.
Exclusion of protected institutions from pharmacy threshold prior authorization. For the purposes of threshold prior authorization, nursing facility residents do not include residents of the Commonwealth’s mental retardation training centers. For the purposes of threshold prior authorization, non-institutionalized recipients do not include recipients of services at Hiram Davis Medical Center.
6.2.7.A Over-the-counter medications (Section 2110(a)(7)) Non-legend drugs shall be covered for insulin, syringes and needles, and diabetic test strips and family planning supplies. Designated non-legend drugs which are prescribed by licensed prescribers to be used as less expensive therapeutic alternatives to covered legend drugs are also covered. Designated categories of non-legend drugs for recipients in nursing homes are covered.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-42
Effective Date: 0107/01/17
42 Approval Date_______08/03/17
6.2.8.A Laboratory and radiological services (Section 2110(a)(8))
Services must be ordered or prescribed and directed or performed within the scope of a license of the practitioner of the healing arts.
Effective 08-01-03, prior authorization of the following specific high-cost non-emergency outpatient procedures is required: Magnetic Resonance Imaging (MRI), Computer Axial Tomography (CAT) Scans and Positron Emission Tomography (PET) Scans.
6.2.9.A Prenatal care and prepregnancy family services and supplies (Section 2110(a)(9)) A. Family planning services and supplies for individuals of child-bearing age must be ordered or prescribed and directed or performed within the scope of the license of a practitioner of the healing arts. Family planning services shall be defined as those services which delay or prevent pregnancy. Such services shall not include services to treat infertility or services to promote fertility. B. Pregnancy-related and postpartum services shall be covered for any medical condition that may complicate pregnancy if otherwise covered under the Title XXI state plan. Enhanced prenatal care services include nutrition, patient education, homemaker services, blood glucose meters (including test strips).
6.2.10.A Inpatient mental health services, other than services described in 6.2.18., but including services furnished in a state-operated mental hospital and including residential or other 24-hour therapeutically planned structural services (Section 2110(a)(10))
Inpatient mental health services will be offered in general acute care hospitals. Inpatient acute mental health services other than those (a) services furnished in a state-operated mental hospital, (b) services furnished by IMDs, or (c) residential services or other 24-hour therapeutically planned structural services. Effective 07-01-10, medically necessary inpatient mental health services are covered for 365 days per confinement. Effective 12-01-13, these services are managed by the contracted BHSA.
6.2.11.A Outpatient mental health services, other than services described in 6.2.19, but including services furnished in a state-operated mental hospital and including community-based services (Section 2110(a)(11)
(spa)(va-17-0012)(approval-package)(page-46)Page 46#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-43
Effective Date: 0107/01/17
43 Approval Date_______08/03/17 Effective 07-01-10, medically necessary outpatient mental health services (including, but not limited to those listed below) are covered without limitations. Effective 12-01-2013, these services are subject to prior authorization Outpatient mental health services are managed by the contracted BHSA. A. Psychiatric services are limited to an initial availability of 26 sessions without prior authorization during the first year of treatment. An additional extension of up to 47 sessions during the first treatment year must be prior authorized. The availability is further restricted to no more than 26 sessions each succeeding year when approved. Psychiatric services are further restricted to no more than three sessions in any given seven-day period. Consistent with the Omnibus Budget Reconciliation Act of 1989 §6403, medically necessary psychiatric services shall be covered when prior authorized for individuals younger than 19 year of age when the need for such services has been identified through an EPSDT screen. B. Community Mental Health Services: 1. Intensive in-home services to children and adolescents under age 19 - Shall be time-limited interventions provided typically but not solely in the residence of a child who is at risk of being moved into an out-of-home placement or who is being transitioned to home from out-of-home placement due to a documented medical need of the child. These services provide crisis treatment; individual and family counseling; and communication skills (e.g., counseling to assist the child and his parents to understand and practice appropriate problem-solving, anger management, and interpersonal interaction, etc.); case management activities and coordination with other required services; and 24-hour emergency response. These services shall be limited annually to 26 weeks. Services must be directed toward the treatment of the eligible child and delivered primarily in the family's residence with the child present.
2. Therapeutic day treatment for children and adolescents - Provides evaluation; medication; education and management; opportunities to learn and use daily living skills and to enhance social and interpersonal skills (e.g., problem-solving, anger management, community responsibility, increased impulse control, and appropriate peer relations, etc.); and individual, group and family psychotherapy. The service shall be provided two or more hours per day in order to provide therapeutic interventions. Services are limited annually to 780 units: one unit of service is defined as a minimum of two hours but less than three hours in a given day. Two units of service shall be defined as a minimum of three but less than five hours in a given day. Three units of service shall be defined as five or more hours
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-44
Effective Date: 0107/01/17
44 Approval Date_______08/03/17 of service in a given day.
3. Day Treatment/Partial Hospitalization - Day treatment/partial hospitalization services shall be provided in sessions of two or more consecutive hours per day, which may be scheduled multiple times per week, to groups of individuals in a nonresidential setting. These services, limited annually to 780 units, include the major diagnostic, medical, psychiatric, psychosocial and psychoeducational treatment modalities designed for individuals who require coordinated, intensive, comprehensive, and multidisciplinary treatment but who do not require inpatient treatment.
4. Psychosocial Rehabilitation - Psychosocial rehabilitation shall be provided at least two or more hours per day to groups of individuals in a nonresidential setting. These services, limited annually to 936 units, include assessment, education to teach the patient about the diagnosed mental illness and appropriate medications to avoid complication and relapse, opportunities to learn and use independent living skills and to enhance social and interpersonal skills within a supportive and normalizing program structure and environment.
5. Crisis Intervention - Crisis intervention shall provide immediate mental health care, available 24 hours a day, seven days per week, to assist individuals who are experiencing acute psychiatric dysfunction requiring immediate clinical attention. Crisis intervention activities, are limited annually to 720 units per year (a unit equals 15 minutes) and shall include assessing the crisis situation, providing short-term counseling designed to stabilize the individual, providing access to further immediate assessment and follow-up, and linking the individual and family with ongoing care to prevent future crises. Crisis intervention services may include office visits, home visits, preadmission screenings, telephone contacts, and other client- related activities for the prevention of institutionalization.
6. Mental Health Crisis Stabilization - Crisis stabilization services for non- hospitalized individuals shall provide direct mental health care to individuals experiencing an acute psychiatric crisis which may jeopardize their current community living situation. The maximum limit on this service is up to eight hours (with a unit being one hour) per day up to 60 days annually.
7. Mental Health Support - Mental health support services shall be defined as training and supports to enable individuals to achieve and maintain community stability and independence in the most appropriate, least
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-45
Effective Date: 0107/01/17
45 Approval Date_______08/03/17 restrictive environment. These services may be authorized for six consecutive months. This program shall provides the following services: training in or reinforcement of functional skills and appropriate behavior related to the individual's health and safety, activities of daily living, and use of community resources; assistance with medication management; and monitoring health, nutrition, and physical condition. The yearly limit for mental health support services is 372 units.
8. Intensive Community Treatment- Medical psychotherapy, psychiatric assessment, medication management, and case management activities offered to outpatients outside the clinic, hospital, or office setting for individuals who are best served in the community. The annual unit limit shall be 130 units. 9. Case Management - Case management services for youth at risk of serious emotional disturbance and who meet the definition of Seriously Emotionally Disturbed. Case management services assist youth at risk of serious emotional disturbance and with a diagnosis of Serious Emotional Disturbance in accessing needed medical, psychiatric, social, educational, vocational, and other supports essential to meeting basic needs. Services to be provided include: Assessment and planning, linking the individual directly to services and supports, assisting the individual directly for the purpose of locating, developing or obtaining needed service and resources, coordinating services and service planning, enhancing community integration, making collateral contacts, follow up and monitoring, and education and counseling. 10. Behavioral Therapies – The 2016 General Assembly approved budget, to be effective 07-01-2016, includes coverage for behavioral therapies under FAMIS. Behavioral therapies are systematic interventions provided by licensed practitioners within their scope of practice, defined under state law or regulations, to individuals younger than 19 years of age, usually in the individual’s home. Behavioral therapy includes, but is not limited to, applied behavior analysis. Services are designed to enhance communication skills and decrease maladaptive patterns of behavior which, if left untreated, could lead to more complex problems and the need for a greater or a more restrictive level of care. The service goal is to ensure the individual’s family is trained to effectively manage the individual’s behavior in the home and community settings using behavioral modification strategies. Behavioral therapy services must be preauthorized and based on a medical necessity determination.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-46
Effective Date: 0107/01/17
46 Approval Date_______08/03/17 6.2.12.A Durable medical equipment and other medically-related or remedial devices (such as prosthetic devices, implants, eyeglasses, hearing aids, dental devices, and adaptive devices) (Section 2110(a)(12)) Durable medical equipment, hearing aids, and eyeglasses are covered when medically necessary with certain limitations. Prosthetic devices for the replacement of missing arms, legs and breasts and the provision of any internal (implant) body part shall be covered. Prosthetic devices (artificial arms and legs, and their necessary supportive attachments; implants and breasts) are provided when prescribed by a physician or other licensed practitioner of the healing arts within the scope of their professional license. This service when provided by an authorized vendor must be medically necessary and preauthorized for the minimum applicable component necessary for the activities of daily living. 6.2.13.A Disposable medical supplies (Section 2110(a)(13)) Medical supplies, equipment and appliances suitable for use in the home. All medically necessary medical supplies, equipment, and appliances are covered for recipients. Unusual amounts, types and duration of usage must be authorized by DMAS. When cost-effective, payment may be made for rental of the equipment in lieu of purchase. Prosthetics which are preauthorized shall be covered. Supplies, equipment that are not covered are: space conditioning equipment, equipment and supplies for any hospital or nursing facility resident, except for ventilators and associated supplies for nursing facility residents; furniture or appliances not defined as medical equipment; items that are only for the recipient’s comfort and convenience. 6.2.14.A Home and community-based health care services (See instructions) (Section 2110(a)(14)) A. Home Health Services: Intermittent or part-time nursing service provided by a home health agency or by a registered nurse when no home health agency exists in the area. Effective 08-01-2003, home health services are limited to five visits without prior authorization in each state fiscal year. Service extensions beyond the initial five visits must be prior- authorized. Limits are per recipient, regardless of the number of providers rendering services. If services beyond these limitations are determined by the physician to be required, then the provider shall request prior authorization from DMAS for additional services. B. Home Health Aide services provided by a home health agency. Home health aides must function under the supervision of a professional nurse. Home health aides must meet the federal certification requirements. Patient may receive up to 32 visits annually.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-47
Effective Date: 0107/01/17
47 Approval Date_______08/03/17 6.2.15.A Nursing care services (See instructions) (Section 2110(a)(15))
Intermittent or part-time nursing service provided by a home health agency; Nurse mid-wife services allowed under licensure requirements of Virginia and federal law; skilled nursing services provided in schools to special education students.
Private duty nursing services are not covered.
6.2.16.A Abortion only if necessary to save the life of mother or if the pregnancy is the result of an act of rape or incest. (Section 2110(a)(16) Abortion only if necessary to save the life of the mother. 6.2.17.A Dental services (Section 2110(a)(17)) A. Routine diagnostic, preventive or restorative procedures necessary for oral health provided by or under the direct supervision of a dentist in accordance with the State Dental Practice Act. B. Initial, periodic and emergency examinations; required radiography necessary to develop a treatment plan; patient education; dental prophylaxis; fluoride treatments; routine amalgam and composite restorations; stainless steel crowns, prefabricated steel post, temporary (polycarbonate crowns) and stainless steel bands; crown recementation; pulp capping; sedative fillings; therapeutic apical closure; topical palliative treatment for dental pain; removal of foreign body; simple extractions; root recovery; incision and drainage of abscess; surgical exposure of the tooth to aid eruption; sequestrectomy for osteomyelitis; and oral antral fistula closure are dental services covered without preauthorization. C. All covered dental services not referenced above require preauthorization by DMAS. The following services are also covered through preauthorization: medically necessary full banded orthodontics, tooth guidance appliances, complete and partial dentures, surgical preparation (alveoloplasty for prosthetics, single permanent crowns and bridges. D. Routine bases under restorations and inhalation analgesia are not covered. E. Examinations prophylaxis, fluoride treatment (one each six months); space maintenance appliance; bitewing x-ray - two films each 12 months; routine amalgam and composite restorations once each three years; dentures once each five years; extractions, orthodontics, tooth guidance appliances, permanent crowns and bridges, endodontics, patient education and sealants
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-48
Effective Date: 0107/01/17
48 Approval Date_______08/03/17 - one time. F. Limited oral surgery procedures, as defined and covered by Medicare when preauthorized. G. Provided only as a result of EPSDT and subject to medical necessity and preauthorization requirements specified under Dental Services. 6.2.18.A Inpatient substance abuse treatment services and residential substance abuse treatment services (Section 2110(a)(18)) Effective 12-01-13 these services are managed by the contracted BHSA. Residential treatment for pregnant women. The treatment facility shall not be an institution for mental disease. 6.2.19.A Outpatient substance abuse treatment services (Section 2110(a)(19))
Group and individual counseling, outpatient, intensive outpatient, partial hospitalization, and case management services are covered for members with a documented substance use diagnosis as of 4-1-17. Peer support services (as discussed in section 6.2.11 C) were added on 7/1/2017. If medically necessary, additional sessions may be preauthorized. Services must be rendered by a certified or licensed provider. Community substance abuse treatment services are covered in accordance with the Community Health Services model described in Section6.2.11A. Effective 12-01-13 these services are managed by the contracted BHSA. Day treatment for pregnant women. 6.2.20.A Case management services (Section 2110(a)(20))
Targeted case management for high risk pregnant women and infants up to age 2; individuals with mental retardation; children with serious emotional disturbance and youth at risk for serious emotional disturbance; and children with behavioral disorder or emotional disturbances who are referred to treatment foster care by the Family Assessment and Planning Team of Comprehensive Services Act for Youth and Family. Effective October 1, 2011, targeted case management is provided by a certified Early Intervention Case Manager and reimbursed directly by DMAS for children from birth up to age three years who are in need of early intervention services. 6.2.21.A Care coordination services (Section 2110(a)(21))
May be a component of another service.
6.2.22.A Physical therapy, occupational therapy, and services for individuals with
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-49
Effective Date: 0107/01/17
49 Approval Date_______08/03/17 speech, hearing, and language disorders (Section 2110(a)(22))
Effective 08-01-03, home health and outpatient rehabilitation services are limited to five visits for each rehabilitative therapy without prior authorization in each state fiscal year. Service extensions beyond the initial five visits must be prior-authorized. A. Under home health, physical therapy, occupational therapy, or speech pathology and audiology services provided by a home health agency or medical rehabilitation facility covered as ordered by a physician in consultation with a physical therapist who has been licensed by the Board of Medicine. Limits shall apply per recipient regardless of the number of providers rendering services. Annually shall be defined as July 1 through June 30 for each recipient. If the physician determines that additional services are needed, the provider shall request prior authorization. B. Physical therapy and related services: 1. Services for individuals requiring physical therapy are provided only as an element of hospital inpatient or outpatient services, nursing facility service, home health service, or when otherwise included as an authorized service by a cost provider who provides rehabilitation services. 2. The services shall be of a level of complexity and sophistication, or the condition of the patient shall be of a nature that the services can only be performed by a physical therapist licensed by the Board of Medicine or a physical therapy assistant who is licensed by the Board of Medicine and under the supervision of a qualified physical therapist who makes an onsite supervisory visit at least once every 30 days. This visit shall not be reimbursable. C. Occupational therapy: Services for individuals requiring occupational therapy are provided only as an element of hospital inpatient or outpatient service, nursing facility service, home health service, or when otherwise included as an authorized service by a provider who provides rehabilitation services. Services shall meet all of the following conditions: services shall be directly and specifically related to an active written plan of care designed by a physician after consultation with an occupational therapist registered and certified by the American Occupational Therapy Certification Board; shall be of a level of complexity and sophistication, or the condition of the patient shall be of a nature that the services can only be performed by a qualified occupational therapist. The amount, frequency and duration of the services shall be reasonable. D. Services for individuals with speech, hearing and language disorders.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-50
Effective Date: 0107/01/17
50 Approval Date_______08/03/17 Services must be provided by or under the supervision of a speech pathologist or an audiologist only as an element of hospital inpatient or outpatient service, nursing facility service, home health service, or when otherwise included as an authorized service by a cost provider who provides rehabilitative services. Services shall be directly and specifically related to an active written treatment plan designed by a physician after any needed consultation with a speech-language pathologist licensed by the Board of Speech/Language Pathology, or, if exempt from state licensure, meets the requirements in 42 CFR 405.1719(c). The services shall be of a level of complexity and sophistication or the patient’s condition be of a nature that the services can only be performed by or under the direction of a qualified speech-language pathologist. The amount, frequency and duration of the services shall be reasonable. 6.2.23.A Hospice care (Section 2110(a)(23))
Hospice care services described in the Title XIX state plan for medical assistance. Effective 3/23/10, hospice care is available concurrently with care related to the treatment of the child’s condition with respect to which a diagnosis of terminal illness has been made.
6.2.24.A Any other medical, diagnostic, screening, preventive, restorative, remedial, therapeutic, or rehabilitative services. (See instructions) (Section 2110(a)(24)) A. Intensive physical rehabilitation in facilities certified as rehabilitative hospitals or rehabilitation hospitals which meet the requirements to be excluded from the Medicare PPS system and in CORFs. An intensive physical rehabilitation program provides intensive skilled rehabilitation, nursing, physical therapy, occupational therapy, and speech therapy, cognitive rehabilitation, prosthetic-orthotic services, psychology, social work, and therapeutic recreation. B. Optometrist: Diagnostic examination and optometric treatment procedures and services by ophthalmologists, optometrists, and opticians, as allowed by the Code of VA and by regulations of the Boards of Medicine and of Optometry, are covered. Routine refractions are limited to once in 24 months except as may be authorized by DMAS. C. Podiatrists: Covered podiatry services are defined as reasonable and necessary diagnostic, medical, or surgical treatment of disease, injury, or defects of the human foot. These services must be within the scope of the license of the podiatrists’ profession and defined by State law. The following services are not covered: preventive health care, including
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-51
Effective Date: 0107/01/17
51 Approval Date_______08/03/17 routine foot care: treatment of structural misalignment not requiring surgery; cutting or removal of corns, warts, or calluses; experimental procedures; acupuncture. D. Nursing facility services in a Medicaid certified facility (other than in an IMD). E. Nurse-midwife services- defined as those services allowed under the licensure requirements of the state statute and as specified in the Social Security Act. F. Effective 10/1/09, coverage for early intervention services was expanded to include all certified Early Intervention Professionals and Early Intervention Specialists.
6.2.25.A Premiums for private health care insurance coverage (Section 2110(a)(25))
6.2.26.A Medical transportation (Section 2110(a)(26)) Transportation services are provided to ensure that recipients have necessary access to and from providers of all covered medical services. Transportation to both emergency and nonemergency services is covered. 6.2.27.A Enabling services (such as transportation, translation, and outreach services (See instructions) (Section 2110(a)(27))
6.2.28.A Any other health care services or items specified by the Secretary and not included under this section (Section 2110(a)(28))
1. Early and Periodic Screening, Diagnosis, and Treatment (EPSDT). Consistent with the Omnibus Budget Reconciliation Act of 1989 §6403, Early and Periodic Screening, Diagnostic, and Treatment services means the following services: screening services, vision services, dental services, hearing services, and such other necessary health care, diagnostic services, treatment, and other measures described in Social Security Act §1905(a) to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services and which are medically necessary, whether or not such services are covered under the Virginia Title XIX State Plan subject to the requirements and limits of Title XXI.
2. Physical therapy, occupational therapy, services for individuals with speech, hearing and language disorders, psychology/psychiatry services and skilled nursing services, medical evaluation services covered as physicians’ services, transportation, personal care services and assessments are covered as necessary to assess or reassess the need for medical services
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-52
Effective Date: 0107/01/17
52 Approval Date_______08/03/17 in a child’s IEP s for special education students are covered under this state plan. The Department reimburses the school divisions directly for the services provided pursuant to the student’s Individualized Education Program (IEP).
The Department reimburses the school divisions directly for these services.
6.3 The state assures that, with respect to pre-existing medical conditions, one of the following two statements applies to its plan: (42CFR 457.480)
6.3.1. The state shall not permit the imposition of any pre-existing medical condition exclusion for covered services (Section 2102(b)(1)(B)(ii)); OR
6.3.2.
The state contracts with a group health plan or group health insurance coverage, or contracts with a group health plan to provide family coverage under a waiver (see Section 6.4.2. of the template). Pre-existing medical conditions are permitted to the extent allowed by HIPAA/ERISA (Section 2103(f)). Please describe: Previously 8.6
6.4 Additional Purchase Options. If the state wishes to provide services under the plan through cost effective alternatives or the purchase of family coverage, it must request the appropriate option. To be approved, the state must address the following: (Section 2105(c)(2) and(3)) (42 CFR 457.1005 and 457.1010)
6.4.1. Cost Effective Coverage. Payment may be made to a state in excess of the 10% limitation on use of funds for payments for: 1) other child health assistance for targeted low-income children; 2) expenditures for health services initiatives under the plan for improving the health of children (including targeted low-income children and other low-income children); 3) expenditures for outreach activities as provided in section 2102(c)(1) under the plan; and 4) other reasonable costs incurred by the state to administer the plan, if it demonstrates the following (42CFR 457.1005(a)):
6.4.1.1. Coverage provided to targeted low-income children through such expenditures must meet the coverage requirements above. Describe the coverage provided by the alternative delivery system. The state may cross reference section 6.2.1 - 6.2.28. (Section 2105(c)(2)(B)(i)) (42CFR 457.1005(b))
6.4.1.2. The cost of such coverage must not be greater, on an average per child basis, than the cost of coverage that would otherwise be provided for the coverage described above. Describe the cost of such coverage on an
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-53
Effective Date: 0107/01/17
53 Approval Date_______08/03/17 average per child basis. (Section 2105(c)(2)(B)(ii)) (42CFR 457.1005(b))
6.4.1.3. The coverage must be provided through the use of a community-based health delivery system, such as through contracts with health centers receiving funds under section 330 of the Public Health Service Act or with hospitals such as those that receive disproportionate share payment adjustments under section 1886(c)(5)(F) or 1923 of the Social Security Act. Describe the community based delivery system. (Section 2105(c)(2)(B)(iii)) (42CFR 457.1005(a))
6.4.2. Purchase of Family Coverage. Describe the plan to purchase family coverage. Payment may be made to a state for the purpose of family coverage under a group health plan or health insurance coverage that includes coverage of targeted low-income children, if it demonstrates the following: (Section 2105(c)(3)) (42CFR 457.1010)
The families of targeted low-income children who have access to health insurance through their employer may be eligible for premium assistance for the purchase of their employer-sponsored health insurance if certain conditions are met. However, the goal of the FAMIS Plan is to provide coverage for eligible children under their parents' employer-sponsored plan. Any coverage of individuals not eligible for FAMIS is incidental.
6.4.2.1. Purchase of family coverage is cost-effective relative to the amounts that the state would have paid to obtain comparable coverage only of the targeted low-income children involved; and (Describe the associated costs for purchasing the family coverage relative to the coverage for the low income children.) (Section 2105(c)(3)(A)) (42CFR 457.1010(a))
6.4.2.2. The state assures that the family coverage would not otherwise substitute for health insurance coverage that would be provided to such children but for the purchase of family coverage. (Section 2105(c)(3)(B)) (42CFR 457.1010(b))
6.4.2.3. The state assures that the coverage for the family otherwise meets title XXI requirements. (42CFR 457.1010(c))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 7-54
Effective Date: 0107/01/17
54 Approval Date_______08/03/17 Section 7. Quality and Appropriateness of Care
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 8.
7.1. Describe the methods (including external and internal monitoring) used to assure the quality and appropriateness of care, particularly with respect to well-baby care, well- child care, and immunizations provided under the plan. (2102(a)(7)(A)) (42CFR 457.495(a))
The Commonwealth will use numerous methods to assure that FAMIS recipients receive quality services that are appropriate to their needs. These methods may include the following:
• Verification that the health insurers and the contracted BHSA develop and maintain quality assurance and quality improvement programs.
• Verification that health insurers and the contracted BHSA have sufficient network providers and procedures to ensure that children have access to routine, urgent, and emergency services.
• Verification that health insurers and the contracted BHSA maintain a member complaint system and provide access to a grievance process to appeal a plan action.
Will the state utilize any of the following tools to assure quality? (Check all that apply and describe the activities for any categories utilized.)
7.1.1. Quality standards
Health insurers and the contracted BHSA are required to follow standards established by the Commonwealth in the development and maintenance of their quality improvement programs.
7.1.2. Performance measurement
A. Submission of a quality improvement plan. B. Adherence to NCQA, JCAHO, or other nationally recognized accrediting organization. C. Results of HEDIS or other.
D. CAHPS Survey.
E. Clinical focus studies.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 7-55
Effective Date: 0107/01/17
55 Approval Date_______08/03/17 7.1.3. Information strategies
Each managed care organization and the contracted BHSA will establish a system to monitor compliance with access standards set forth by DMAS and a data management system to meet DMAS data collection requirements. DMAS annually requires managed care organization to report the percentage of children who received all expected well-child care visits according to the benefits schedule, during the period that each child was enrolled and the percent of two-year old children who have received each immunization specified in the most current ACIP recommendations.
7.1.4. Quality improvement strategies
Health insurers may perform the following:
A. Documentation of current MCHIP quality certification or documentation of a comparable accreditation B. Develop and maintain a Quality Improvement Program (QIP) which meets standards and reporting requirements set out by the Commonwealth. C. Cooperate and show compliance with the DMAS Quality Improvement Program, which may require calculation and reporting of performance measures and the implementation of performance improvement projects as well as cooperate with DMAS or a designated agent in conducting quality reviews. Managed care organizations are required to have a written utilization management (UM) program that reflects the National Committee for Quality Assurance standards to include mechanisms to detect under-utilization and/or over-utilization of care. Managed care organizations must show implementation of an approved system to monitor and address complaints and grievances.
7.2. Describe the methods used, including monitoring, to assure: (2102(a)(7)(B)) (42CFR 457.495)
7.2.1 Access to well-baby care, well-child care, well-adolescent care and childhood and adolescent immunizations. (Section 2102(a)(7)) (42CFR 457.495(a))
Each MCO will meet the requirements by the contract with DMAS to ensure access to well-baby care, well adolescent care, and childhood immunizations. By contract MCOs are responsible for arranging and administering covered services to enrollees and ensuring that the delivery system provides available, accessible and adequate numbers of facilities, locations and personnel for the provision of covered services. The MCO provides or otherwise arranges care by providers specializing in early childhood youth services. MCOs provide services as established by
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 7-56
Effective Date: 0107/01/17
56 Approval Date_______08/03/17 recognized clinically approved guidelines for standards of care. MCOs ensure that immunizations are rendered in accordance with the most current Advisory Committee on Immunization Practices (ACIP) or the American Academy of Pediatrics Advisory Committee recommendations.
7.2.2 Access to covered services, including emergency services as defined in 42 CFR 457.10. (Section 2102(a)(7)) 42CFR 457.495(b))
Health insurers are required to demonstrate their ability to monitor network capacity throughout their service area for routine, urgent, and emergency care. The Commonwealth establishes standards and reporting requirements for access to routine, urgent, and emergency care. The health plans are solely responsible for arranging for and administering covered services to enrollees and ensuring that its delivery system provides available, accessible and adequate numbers of facilities, locations and personnel for the provision of covered services. The health plan must include in its network or otherwise arrange care by providers specializing in early childhood, youth services.
7.2.3 Appropriate and timely procedures to monitor and treat enrollees with chronic, complex, or serious medical conditions, including access to an adequate number of visits to specialists experienced in treating the specific medical condition and access to out-of-network providers when the network is not adequate for the enrollee’s medical condition. (Section 2102(a)(7)) (42CFR 457.495(c))
The State monitors complaints pertaining to access to care received by DMAS, the Call Center, or MCOs with regard to access to care.
Children with special health care needs are not considered a separate population or as a special population under the FAMIS State Plan. MCOs provide access to all covered services, including specialty service to any child regardless of the medical condition. Each MCO must have, at a minimum, complex care management programs that focus on improving the health status of members diagnosed with the following conditions: respiratory conditions such as asthma, heart disease, diabetes, co-occurring mental health/behavioral health conditions, and cancer.
Each MCO must arrange to provide care according to established appointment standards and meet requirements determined by the contract for the monitoring and reporting access to services, timeliness of services, appropriateness of services for all enrollees including those with chronic, complex or serious medical conditions. The MCO is responsible for the provision of services regardless if a medical condition and/or diagnosis was present prior to being assigned the enrollee, thus the MCO will manage all pre-existing conditions. The health plans provide access
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 7-57
Effective Date: 0107/01/17
57 Approval Date_______08/03/17 to all covered services, including specialty services, to any child regardless of medical condition. MCOs cover and pay for services furnished in facilities or by practitioners outside the plan’s network if the needed medical services or necessary supplementary resources are not available in the plan’s network.
MCOs are not permitted to refuse an assignment or disenroll a patient or otherwise discriminate against a patient based on physical or mental handicap or type of illness or condition.
7.2.4 Decisions related to the prior authorization of health services are completed in accordance with state law or, in accordance with the medical needs of the patient, within 14 days after the receipt of a request for services. (Section 2102(a)(7)) (42CFR 457.495(d))
Prior authorization of health decisions will be made in accordance with State law consistent with the standards set by the regulations governing managed care health insurance plans.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-58
Effective Date: 0107/01/17
58 Approval Date_______08/03/17 Section 8. Cost Sharing and Payment (Section 2103(e))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 9.
8.1. Is cost-sharing imposed on any of the children covered under the plan? (42CFR 457.505)
8.1.1. YES 8.1.2. NO, skip to question 8.8.
8.2. Describe the amount of cost-sharing, any sliding scale based on income, the group or groups of enrollees that may be subject to the charge and the service for which the charge is imposed or time period for the charge, as appropriate. (Section 2103(e)(1)(A)) (42CFR 457.505(a), 457.510(b) &(c), 457.515(a)&(c))
No cost-sharing will be charged to American Indians and Alaska Natives.
8.2.1. Premiums:
None.
8.2.2. Deductibles:
None.
8.2.3. Coinsurance or copayments:
Co-payments shall not be imposed on any of the children covered under the Secretary-approved coverage offered through the fee-for service.
No co-payments are required for well-baby and well-child and other preventive services, and families for Secretary-approved coverage modeled after the state employee plan. Effective 7/1/10, no co-payments are required for pregnancy- related services.
Income levels are provided as a percentage of Federal Poverty Level ("FPL") based on gross income. The FPL reflects changes made effective February 13, 2004.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-59
Effective Date: 0107/01/17
59 Approval Date_______08/03/17 Copayments for Secretary-approved coverage modeled after the state employee plan are:
Description of Service ≤ 150% FPL > 150% FPL Outpatient $2 per visit $5 per visit Prescription Drugs $2 per prescription $5 per prescription Inpatient $15 per admission $25 per admission Non-Emergency use of Emergency Room $10 per visit $25 per visit
Poverty Levels ≤ 150% FPL > 150% FPL Maximum Yearly Co- Payment Limit Per Family
$180
$350
Total cost-sharing for each year (or 12-month eligibility period) is limited to: (1) for a family with an annual income equal to or less than 150% of the FPL, the lesser of (a) 2.5% of a family’s income, and (b) $180.00; and (2) for a family with an annual income greater than 150% of the FPL, the lesser of (a) 5% of a family’s income, and (b) $350.00.
The co-payment and coinsurance maximums are set at thresholds that are well below the maximum allowable per CMS for families with annual incomes equal to or below 150% of FPL and for those with annual incomes above 150%. The maximum yearly co-payment limit for families in FAMIS with annual incomes at or below 150% FPL is $180.00 per year. Families enrolled in FAMIS and receiving benefits through FAMIS contracted health plans are advised of the amount of maximum allowable cost-sharing that they may be responsible for during the year. Families are required to submit documentation to DMAS or its contractor, showing that the co-payment cap is met for the year. Once the cap is met, DMAS or its contractor will issue a new card excluding families from paying additional co-pays.
Enrollees are not held liable for any additional costs, beyond the standard co- payment amount for emergency services furnished outside of the individual’s managed care network. Only one co-payment charge is imposed for a single office visit.
The proposed cost sharing caps to be applied toward copayments and/or coinsurance ($180 and $350) were included in the Plan document.
No cost-sharing will be charged to American Indians and Alaska Natives.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-60
Effective Date: 0107/01/17
60 Approval Date_______08/03/17
8.2.4. Other
8.3. Describe how the public will be notified, including the public schedule, of this cost- sharing (including the cumulative maximum) and changes to these amounts and any differences based on income. (Section 2103(e)((1)(B)) (42CFR 457.505(b))
The public is notified of FAMIS’ cost-sharing requirements, including differences based on income and plans, in the outreach and enrollment materials including: • The DMAS and Cover Virginia Web sites; • FAMIS Member Handbook; • Managed care organization member handbooks; and • Outreach grantees. • The public also has the opportunity to become involved during the regulatory process. Implementing regulations must go through a mandatory 60-day comment period consistent with the Code of Virginia. • The Child Health Insurance Program Advisory Committee provides an opportunity for public education and input.
No cost-sharing is charged to American Indians and Alaska Natives. The application form requests racial information on each child for whom application for child health insurance is made. No cost-sharing is imposed on those children who are reported to be Native American or Alaska Native. The applicant’s statement on the application form is sufficient to exempt the child from any cost-sharing obligations. The FAMIS automated eligibility determination system codes the case records for children listed on the application form as Alaska Natives or American Indians and the automated record will exempt such children from any cost-sharing obligations.
Effective April 15, 2002, Virginia temporarily suspended premiums until further notice. FAMIS families were notified by letter, informing them of the suspension of premiums and copies of such letters were posted on the DMAS web site. Effective September 1, 2002, the FAMIS program no longer charged premiums.
8.4. The state assures that it has made the following findings with respect to the cost sharing in its plan: (Section 2103(e))
8.4.1. Cost-sharing does not favor children from higher income families over lower income families. (Section 2103(e)(1)(B)) (42CFR 457.530) 8.4.2. No cost-sharing applies to well-baby and well-child care, including age- appropriate immunizations. (Section 2103(e)(2)) (42CFR 457.520) 8.4.3 No additional cost-sharing applies to the costs of emergency medical services delivered outside the network. (Section 2103(e)(1)(A)) (42CFR
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-61
Effective Date: 0107/01/17
61 Approval Date_______08/03/17 457.515(f))
8.5. Describe how the state will ensure that the annual aggregate cost-sharing for a family does not exceed 5 percent of such family’s income for the length of the child’s eligibility period in the State. Include a description of the procedures that do not primarily rely on a refund given by the state for overpayment by an enrollee: (Section 2103(e)(3)(B)) (42CFR 457.560(b) and 457.505(e))
Virginia has structured the cost sharing levels to make it highly unlikely that any family will exceed the allowable cost sharing levels.
Virginia ensures that the annual aggregate cost sharing for all FAMIS enrollees in a family does not exceed 5% of a family’s income as required by § 2103(e)(3)(b) of Title XXI. Co-payments are capped at levels that are extremely unlikely to exceed the upper limit. The tables below demonstrate that the maximum cost sharing for families under the Secretary-approved coverage modeled after the state employee plan falls within the required caps: For families with income equal to or below 150% of FPL, cost-sharing is capped at slightly less than 2.5% of income for a family of one at 100% of FPL. For families with income above 150% of FPL, cost-sharing is capped at slightly less than 5% of income for a family of one at 150% of FPL. (As mentioned earlier, families under the Secretary-approved coverage offered through the fee-for-service program are not subject to any cost-sharing.)
Table 1: Aggregate Cost Sharing for Families under Secretary-approved coverage modeled after the state employee plan
Poverty Levels *100% 150% 175% 200% Maximum Yearly Co- Payments Limit N/A $350 $350 $350
Total Cost Sharing by Enrollees N/A $350 $350 $350
FPL for family of one $12,060 $11,880 $18,820 $17,820 $21,105 $20,790 $24,120 $23,760
2.5% ≤ 150% of FPL 5% > 150% at FPL
$287302
$446452
$1,04055
$1,18206
*Used for comparative purposes only.
* Figures in this column are for illustration purposes and are rounded.
Families are required to submit documentation to DMAS or its contractor, showing that
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-62
Effective Date: 0107/01/17
62 Approval Date_______08/03/17 the co-payment is met for the year. Once the cap is met, the managed care organization will issue a new card excluding families from paying additional co-pays.
Finally, Title XXI requires that cost-sharing for families with incomes below 150 percent of FPL not exceed an amount that is “nominal” under Medicaid law, with appropriate adjustment for inflation or other reasons as the Secretary determines to be reasonable. The maximum co-payments for a service costing over $50 is $3 under Medicaid law and was established in 1978. Virginia’s co-payment for families under 150% of FPL is $2, which is well below the $3 federal cap.
8.6 Describe the procedures the state will use to ensure American Indian (as defined by the Indian Health Care Improvement Act of 1976) and Alaska Native children will be excluded from cost-sharing. (Section 2103(b)(3)(D)) (42CFR 457.535)
No cost-sharing will be charged to American Indians and Alaska Natives. The application form requests racial information on each child for whom application for child health insurance is made. No cost-sharing is imposed on those children who are reported to be Native American or Alaska Native. The applicant’s statement on the application form is sufficient to exempt the child from any cost-sharing obligations. The FAMIS automated eligibility determination system codes the case records for children listed on the application form as Alaska Natives or American Indians and the automated record will exempt such children from any cost-sharing obligations.
At this time, Virginia has one federally recognized Indian tribe. Marketing and Outreach staff act as resources to provide information so that Indian families understand the program and can access the provider network to secure covered services.
8.7 Please provide a description of the consequences for an enrollee or applicant who does not pay a charge. (42CFR 457.570 and 457.505(c))
Not applicable.
8.7.1 Please provide an assurance that the following disenrollment protections are being applied:
State has established a process that gives enrollees reasonable notice of and an opportunity to pay past due premiums, copayments, coinsurance, deductibles or similar fees prior to disenrollment. (42CFR 457.570(a)) The disenrollment process affords the enrollee an opportunity to show that the enrollee’s family income has declined prior to disenrollment for non payment of cost-sharing charges. (42CFR 457.570(b))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-63
Effective Date: 0107/01/17
63 Approval Date_______08/03/17 In the instance mentioned above, that the state will facilitate enrolling the child in Medicaid or adjust the child’s cost-sharing category as appropriate. (42CFR 457.570(b)) The state provides the enrollee with an opportunity for an impartial review to address disenrollment from the program. (42CFR 457.570(c))
8.8 The state assures that it has made the following findings with respect to the payment aspects of its plan: (Section 2103(e))
8.8.1. No Federal funds will be used toward state matching requirements. (Section 2105(c)(4)) (42CFR 457.220)
8.8.2. No cost-sharing (including premiums, deductibles, copays, coinsurance and all other types) will be used toward state matching requirements. (Section 2105(c)(5) (42CFR 457.224) (Previously 8.4.5)
8.8.3. No funds under this title will be used for coverage if a private insurer would have been obligated to provide such assistance except for a provision limiting this obligation because the child is eligible under this title. (Section 2105(c)(6)(A)) (42CFR 457.626(a)(1))
8.8.4. Income and resource standards and methodologies for determining Medicaid eligibility are not more restrictive than those applied as of June 1, 1997. (Section 2105(d)(1)) (42CFR 457.622(b)(5))
8.8.5. No funds provided under this title or coverage funded by this title will include coverage of abortion except if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. (Section 2105)(c)(7)(B)) (42CFR 457.475)
Abortion only if necessary to save the life of the mother.
8.8.6. No funds provided under this title will be used to pay for any abortion or to assist in the purchase, in whole or in part, for coverage that includes abortion (except as described above). (Section 2105)(c)(7)(A)) (42CFR 457.475)
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-64
Effective Date: 0107/01/17
64 Approval Date_______08/03/17 Section 9. Strategic Objectives and Performance Goals and Plan Administration (Section 2107)
9.1. Describe strategic objectives for increasing the extent of creditable health coverage among targeted low-income children and other low-income children: (Section 2107(a)(2)) (42CFR 457.710(b))
Objective One: To reduce the number of uninsured children Objective Two: To improve the health care status of children Objective Three: To conduct effective outreach to encourage enrollment in health insurance plans.
9.2. Specify one or more performance goals for each strategic objective identified: (Section 2107(a)(3)) (42CFR 457.710(c))
See § 9.3.
9.3. Describe how performance under the plan will be measured through objective, independently verifiable means and compared against performance goals in order to determine the state’s performance, taking into account suggested performance indicators as specified below or other indicators the state develops: (Section 2107(a)(4)(A),(B)) (42CFR 457.710(d))
With the FAMIS program well established after 10 years, Virginia re-assessed the performance goals for the program. While program managers continue to monitor enrollment on a monthly basis, a decision was made to focus on quality measures rather than enrollment targets.
All of Virginia’s Medicaid/CHIP managed care organizations (MCOs) are required to be accredited by the National Committee for Quality Assurance (NCQA). As such, they must calculate Healthcare Effectiveness Data and Information Set (HEDIS) scores on an annual basis. These measures of care are calculated using technical specifications set forth by the NCQA. In addition, each MCO is required to conduct the CAHPS Child Survey annually. Virginia contracts with the same MCOs for Medicaid and FAMIS services. All performance measures are monitored based on the combined Medicaid-CHIP population:
• Childhood Immunization Status (Combo 2) and each vaccine reported separately as well. • Childhood Immunization Status (Combo 3) and each vaccine reported separately as well. • Lead Screening in Children • Well-Child Visits in the First 15 Months of Life and each number of visits listed separately. • Well-Child Visits in the Third, Fourth, Fifth, and Sixth Year of Life • Adolescent Well-Care Visit • Children and Adolescent access to primary care practitioners
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-65
Effective Date: 0107/01/17
65 Approval Date_______08/03/17 • Asthma – Appropriate Use of Medication Management (all age categories set forth by the HEDIS technical specifications)
The Child Health Insurance Program Advisory Committee (CHIPAC) continues to monitor progress on the following measures based on HEDIS specifications and make recommendations for improvement:
• Well Child Visits for child and adolescent age groups • Access to Primary Care Provider for child and adolescent age groups • Immunizations at 2 years of age for combinations 2 and 3
The DMAS agency strategic plan was modified to include two performance measures and goals for the CHIP population for the 20162-20184 biennium, beginning July 1, 20162, using NCQA’s HEDIS technical specifications:
• Percentage of adolescents in managed care with at least one comprehensive well-visit per year – Annually • Percentage of two-year-olds in managed care who are fully immunized – Annually • Number of Medicaid/FAMIS enrolled children who received at least one dental service – Quarterly • At least one comprehensive Well Child Visit among adolescent (ages 12-21) managed care enrollees. • Percentage of two year olds in managed care who are fully immunized
Check the applicable suggested performance measurements listed below that the state plans to use: (Section 2107(a)(4))
9.3.1. The increase in the percentage of Medicaid-eligible children enrolled in Medicaid.
9.3.2. The reduction in the percentage of uninsured children.
9.3.3. The increase in the percentage of children with a usual source of care.
9.3.4.
The extent to which outcome measures show progress on one or more of the health problems identified by the state.
9.3.5.
HEDIS Measurement Set relevant to children and adolescents younger than 19.
9.3.6.
Other child appropriate measurement set. List or describe the set used.
9.3.7. If not utilizing the entire HEDIS Measurement Set, specify which measures will be collected, such as:
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-66
Effective Date: 0107/01/17
66 Approval Date_______08/03/17 9.3.7.1. Immunizations (HEDIS) 9.3.7.2. Well child care (HEDIS) 9.3.7.3. Adolescent well visits (HEDIS) 9.3.7.4. Satisfaction with care (CAHPS) 9.3.7.5. Mental health (HEDIS) 9.3.7.6. Dental care (EPSDT) 9.3.7.7. Other, please list:
Lead screening (HEDIS)
Asthma (HEDIS)
9.3.8.
Performance measures for special targeted populations.
9.4. The state assures it will collect all data, maintain records and furnish reports to the Secretary at the times and in the standardized format that the Secretary requires. (Section 2107(b)(1)) (42CFR 457.720)
9.5. The state assures it will comply with the annual assessment and evaluation required under Section 10. Briefly describe the state’s plan for these annual assessments and reports. (Section 2107(b)(2)) (42CFR 457.750)
DMAS complies with subsection 10.1 in assessing the operation of FAMIS and submitting a report to the Secretary by January 1 following the end of the fiscal year. This includes the reduction in the number of uninsured low-income children and the results of the program assessment.
9.6. The state assures it will provide the Secretary with access to any records or information relating to the plan for purposes of review of audit. (Section 2107(b)(3)) (42CFR 457.720)
9.7. The state assures that, in developing performance measures, it will modify those measures to meet national requirements when such requirements are developed. (42CFR 457.710(e))
9.8. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: (Section 2107(e)) (42CFR 457.135)
9.8.1. Section 1902(a)(4)(C) (relating to conflict of interest standards)
9.8.2. Paragraphs (2), (16) and (17) of Section 1903(i) (relating to limitations on payment)
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-67
Effective Date: 0107/01/17
67 Approval Date_______08/03/17 9.8.3. Section 1903(w) (relating to limitations on provider donations and taxes)
9.8.4. Section 1132 (relating to periods within which claims must be filed)
9.9. Describe the process used by the state to accomplish involvement of the public in the design and implementation of the plan and the method for insuring ongoing public involvement. (Section 2107(c)) (42CFR 457.120(a) and (b))
The public has the opportunity for involvement in major changes to the FAMIS program through the legislative process of the Virginia General Assembly. The public also has the opportunity to become involved in administrative policies during the regulatory process. Implementing regulations must go through a mandatory 60-day comment period consistent with the Code of Virginia.
Another method for insuring ongoing public involvement is the Children’s Health Insurance Advisory Committee (CHIPAC). The CHIPAC is composed of representatives from public and private organizations and other individuals with significant knowledge of and interest in children’s health insurance. The Committee meets quarterly to assess policies, operations, and outreach efforts. Meetings are open to the public and include a public comment period. The Committee may offer recommendations regarding policies, the coordination of regional and local outreach activities, and procedures for streamlining and simplifying the application process, brochures, other printed materials, forms, and applicant correspondence.
9.9.1 Describe the process used by the state to ensure interaction with Indian Tribes and organizations in the state on the development and implementation of the procedures required in 42 CFR 457.125. (Section 2107(c)) (42CFR 457.120(c))
At this time, Virginia has one federally recognized Indian tribe. DMAS is participating in discussions with CMS representatives and Tribal leaders to begin establishing processes for ongoing consultation in the state’s development and implementation of pertinent components of the CHIP State Plan.
No cost-sharing will be charged to American Indians and Alaska Natives. The application form requests racial information on each child for whom application for child health insurance is made. The applicant is requested to indicate if the child is White, Black, Hispanic, Other, Native American, Alaska Native or Asian/Pacific Islander. No cost sharing is imposed on those children who are reported to be Native American or Alaska Native.
9.9.2 For an amendment relating to eligibility or benefits (including cost sharing and enrollment procedures), please describe how and when prior public notice was provided as required in 457.65(b) through (d).
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-68
Effective Date: 0107/01/17
68 Approval Date_______08/03/17
FAMIS MCO coverage has expanded incrementally over the years since 2000 in conjunction with the expansion of Medicaid MCOs. Prior to each expansion, notification was sent by letter to all affected members, and a Medicaid Memorandum was sent to all providers. This Memorandum was also posted on the DMAS website.
9.10. Provide a one year projected budget. A suggested financial form for the budget is attached. The budget must describe: (Section 2107(d)) (42CFR 457.140)
• Planned use of funds, including: • Projected amount to be spent on health services; • Projected amount to be spent on administrative costs, such as outreach, child health initiatives, and evaluation; and • Assumptions on which the budget is based, including cost per child and expected enrollment. • Projected sources of non-Federal plan expenditures, including any requirements for cost-sharing by enrollees.
Implementation of provisions to temporarily extend the renewal period up to 90 days due to disaster events for enrollees living and/or working in FEMA-declared or Governor-declared disaster areas is not expected to have an impact on the budget. The program anticipates that those who renew coverage would likely have renewed coverage within the given timeframe if not for the disruption due to the disaster event.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-69
Effective Date: 0107/01/17
69 Approval Date_______08/03/17 CHIP Budget Plan - with proposed SPAs
Federal Fiscal Year Costs – FFY 20167 Federal Fiscal Year Costs – FFY 20178 Enhanced FMAP rate 88% 88% Benefit Costs
Insurance payments
Managed care $194,427,128 $206,737,210 per member/per month rate @ # of eligibles $151.20 @ 107,160 avg elig/mo $157.55 @ 109,351avg elig/mo Fee for Service $104,457,065 $106,443,321 Cost of Proposed SPA changes $42,962 $310,819 Total Benefit Costs $298,927,155 $313,491,351 (Offsetting beneficiary cost sharing payments) $0 $0 Net Benefit Costs $298,927,155 $313,491,350
Administration Costs
Personnel $2,311,029 $2,427,011 General administration $262,454 $275,626 Contractors/Brokers (e.g., enrollment contractors) $14,542,270 $15,272,093 Claims Processing $3,754,016 $3,942,416 Outreach/marketing costs $2,863,969 $3,007,701 Other
Total Administration Costs $23,733,738 $24,924,847 10% Administrative Cost Ceiling $33,214,128 $34,832,372
Federal Share (multiplied by enh-FMAP rate) $283,941,585 $297,806,253 State Share $38,719,307 $40,609,944 TOTAL PROGRAM COSTS $322,660,893 $338,416,197
Funding:
State funding comes from state General Funds and the Family Access to Medical Insurance Security Plan Trust Fund.
The 1997 General Assembly established the Virginia Children’s Medical Security Insurance
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-70
Effective Date: 0107/01/17
70 Approval Date_______08/03/17 Plan Trust Fund (the fund was renamed the Family Access to Medical Insurance Security Plan Trust Fund in legislation enacted in 2000) in anticipation that a children’s health insurance program would be enacted by the 1998 General Assembly. The Assembly directed that the Fund be used to pay in part the Commonwealth’s share of expenditures under the new children’s health insurance program. Income to the Fund is derived from increased health insurance premium tax revenue. In 1997, the Commonwealth repealed a partial tax exemption enjoyed by the Blue Cross and Blue Shield Companies which no longer provide insurance of last resort as a result of HIPAA reforms. Payments into the trust fund are approximately $14 million a year. The remainder of the Commonwealth’s share is paid from state General Funds.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-71
Effective Date: 0107/01/17
71 Approval Date_______08/03/17 Section 10. Annual Reports and Evaluations (Section 2108)
10.1. Annual Reports. The state assures that it will assess the operation of the state plan under this Title in each fiscal year, including: (Section 2108(a)(1),(2)) (42CFR 457.750)
10.1.1. The progress made in reducing the number of uncovered low-income children and report to the Secretary by January 1 following the end of the fiscal year on the result of the assessment, and
Below is a chart listing the types of information that the state’s annual report might include. Submission of such information will allow comparisons to be made between states and on a nationwide basis.
Attributes of Population
Number of Children with Creditable Coverage XIX OTHER CHIP
Number of Children without Creditable Coverage
TOTAL
Income Level
< 100%
< 133%
< 185%
< 200%
> 200%
Age
0 – 1
1 – 5
6 – 12
13 - 18
Race and Ethnicity
American Indian or
Asian or Pacific
Black, not of Hispanic
Hispanic
White, not of
Location
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-72
Effective Date: 0107/01/17
72 Approval Date_______08/03/17
MSA
Non-MSA
10.2. The state assures it will comply with future reporting requirements as they are developed. (42CFR 457.710(e))
10.3. The state assures that it will comply with all applicable Federal laws and regulations, including but not limited to Federal grant requirements and Federal reporting requirements.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 11-73
Effective Date: 0107/01/17
73 Approval Date_______08/03/17 Section 11. Program Integrity (Section 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue to Section 12.
11.1 The state assures that services are provided in an effective and efficient manner through free and open competition or through basing rates on other public and private rates that are actuarially sound. (Section 2101(a)) (42CFR 457.940(b))
11.2. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: (Section 2107(e)) (42CFR 457.935(b)) The items below were moved from section 9.8. (Previously items 9.8.6. - 9.8.9)
11.2.1. 42 CFR Part 455 Subpart B (relating to disclosure of information by providers and fiscal agents) 11.2.2. Section 1124 (relating to disclosure of ownership and related information) 11.2.3. Section 1126 (relating to disclosure of information about certain convicted individuals) 11.2.4. Section 1128A (relating to civil monetary penalties) 11.2.5. Section 1128B (relating to criminal penalties for certain additional charges) 11.2.6. Section 1128E (relating to the National health care fraud and abuse data collection program)
(spa)(va-17-0012)(approval-package)(page-77)Page 77#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-74
Effective Date: 0107/01/17
74 Approval Date_______08/03/17 Section 12. Applicant and enrollee protections (Sections 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan.
Eligibility and Enrollment Matters
12.1 Please describe the review process for eligibility and enrollment matters that complies with 42 CFR 457.1120.
For reviews involving adverse eligibility actions taken by the Department of Medical Assistance Services (“DMAS”), the Department of Social Services (DSS), or the Central Processing Unit (“CPU), the following procedures shall apply.
1. DMAS, the DSS, and/or the CPU must send written notification of adverse actions affecting an individual’s request for or receipt of FAMIS coverage. Adverse actions include: a. Denial of eligibility; b. Failure to make a timely determination; c. Suspension or termination of enrollment, including disenrollment for failure to pay cost sharing.
2. The written notification must include the reasons for the determination, an explanation of rights to request a review and how to request a review, the standard and expedited time frames for review, and the circumstances under which enrollment may continue pending review. The notice must be sent to applicants/enrollees within 10 days after the date of denial or at least 10 days prior to suspension or termination of enrollment.
3. To be considered timely, a request for review shall be received by DMAS no later than 30 calendar days from the date of the notice of adverse action.
4. A review shall not be granted if the sole basis for the adverse determination is a state or federal provision requiring an automatic change in eligibility or enrollment that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances. 5. A request for review shall be heard and decided by an agent of DMAS who has not been directly involved in the adverse action under review.
6. All applicants/enrollees shall have the right to have personal and medical information and records maintained as confidential.
7. All applicants/enrollees shall have an opportunity to:
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-75
Effective Date: 0107/01/17
75 Approval Date_______08/03/17
a) Represent themselves or have representation of their choosing during the review process; b) Timely review their files and other applicable information relevant to review of the decision; c) Fully participate in the review process, including an opportunity to present supplemental information during the review process; and d) Receive continued coverage if the enrollee requests a review prior to the effective date of the suspension or termination of the enrollment.
8. If an expedited review decision is not mandated, a request for review shall result in a written final decision within 90 calendar days of receipt of the request for review unless the applicant, enrollee, or authorized representative requests or causes a delay. An expedited review decision will be mandated whenever the State receives, from the managed care organization or the primary health provider, information indicating that taking the time for a standard resolution of the review request could seriously jeopardize the enrollee’s life or health or ability to attain, maintain, or regain maximum function. If an expedited review decision is mandated, then a request for review shall result in a written final decision within 3 business days after the State receives, from the managed care organization or the primary health provider, the case record and information indicating that taking the time for a standard resolution of the review request could seriously jeopardize the enrollee’s life or health or ability to attain, maintain, or regain maximum function, unless the applicant, enrollee, or authorized representative requests or causes a delay.
Health Services Matters
12.2 Please describe the review process for health services matters that complies with 42 CFR 457.1120.
For reviews involving health services matters for FAMIS enrollees receiving services through Managed Care Organizations (MCOs), the following procedures shall apply.
1. The MCO shall provide a written notification within 10 days after a decision is made and provide the opportunity for external review whenever an enrollee’s request for covered services is delayed, denied, reduced, suspended, or terminated, in whole or in part including a determination about the type or level of services; or whenever there has been the failure to approve, furnish or provide payment for health services in a timely manner.
2. Written notification must include the reasons for the determination, an explanation of rights to request a review and how to request a review, and the standard and expedited
(spa)(va-17-0012)(approval-package)(page-79)Page 79#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-76
Effective Date: 0107/01/17
76 Approval Date_______08/03/17 time frames for review. In addition, it shall inform the enrollee about his or her opportunity to file a grievance or a request for review with the MCO, and include the phone number and name of the contact person at the MCO’s office.
3. The MCO shall comply with the Department’s hearing process, no more or less, and in the same manner as is required for all other FAMIS evidentiary hearings.
4. The MCO shall have written policies and procedures which describe the informal and formal grievance and review process and how it operates, and the process must be in compliance with federal and State regulations. The procedures must provide for prompt resolution of the issue and involve the participation of individuals with the authority to require corrective action.
5. A review shall not be granted if the sole basis for the adverse determination is a state or federal provision requiring an automatic change that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
6. The MCO shall offer an internal grievance review procedure. The MCO shall issue grievance decisions within fourteen (14) days from the date of initial receipt of the grievance and after all pertinent information has been received. The decision must be in writing and shall include but not be limited to:
a. The decision reached by the MCO; b. The reasons for the decision; c. The policies or procedures which provide the basis for the decision; and d. A clear explanation of further review rights and the time frame for filing a request for review.
7. The enrollee may request an external review of any formal grievance decision by the MCO. An external review organization shall manage the external review procedure. The external review organization provides an independent external review, because the external review organization is the State or a contractor other than the contractor responsible for the matter subject to external review. If an enrollee wishes to file an appeal with the external review organization, the appeal must be filed within 30 days of the enrollee’s receipt of notice of the final decision from the MCO.
8. The MCO shall provide to the external review organization all information necessary for any enrollee appeal within the time frame established by the Department.
9. All applicants/enrollees shall have the right to have personal and medical information and records maintained as confidential.
10. All applicants/enrollees shall have an opportunity to:
a. Represent themselves or have representation of their choosing during the review
(spa)(va-17-0012)(approval-package)(page-80)Page 80#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-77
Effective Date: 0107/01/17
77 Approval Date_______08/03/17 process; b. Timely review their files and other applicable information relevant to review of the decision; c. Fully participate in the review process, whether the review is in person or in writing, including an opportunity to present supplemental information during the review process; and d. Receive continued coverage if the enrollee requests a review prior to the effective date of the reduction or termination of services or payment for services.
11. Unless an expedited review decision is mandated, the external review organization shall complete the external review process and issue a decision within ninety (90) calendar days of the date an enrollee requests an internal review. If the enrollee’s physician or health plan determines that operating under the standard time frame could seriously jeopardize the enrollee’s life or health or ability to attain, maintain, or regain maximum function, then the external review organization must complete the external review process and issue a decision within seventy-two (72) hours of the time an enrollee requests external review.
12. The MCO shall comply with the external review decision. The external review organization's decision in these matters shall be final and shall not be subject to appeal by the MCO.
13. The external review organization’s decision must be in writing and shall include but not be limited to:
a. The decision reached by the external review organization; b. The reasons for the decision; c. The policies or procedures which provide the basis for the decision.
For reviews involving health services matters for FAMIS enrollees receiving services through fee-for-service, the following procedures shall apply.
1. The State or its contractor shall provide a written notification within 10 days after a decision is made and provide the opportunity for external review whenever an enrollee’s request for covered services is delayed, denied, reduced, suspended, or terminated, in whole or in part including a determination about the type or level of services; or whenever there has been the failure to approve, furnish or provide payment for health services in a timely manner.
2. Written notification must include the reasons for the determination, an explanation of rights to request a review and how to request a review, and the standard and expedited time frames for review.
(spa)(va-17-0012)(approval-package)(page-81)Page 81#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-78
Effective Date: 0107/01/17
78 Approval Date_______08/03/17 3. A review shall not be granted if the sole basis for the adverse determination is a state or federal provision requiring an automatic change that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
4. The external review must be conducted by the State or a contractor other than the contractor responsible for the matter subject to external review.
5. If an enrollee wishes to request an external review, the request must be filed within 30 days of the enrollee’s receipt of notice of the final decision from the State or its contractor.
6. All applicants/enrollees shall have the right to have personal and medical information and records maintained as confidential.
7. All applicants/enrollees shall have an opportunity to: a. Represent themselves or have representation of their choosing during the review process; b. Timely review their files and other applicable information relevant to review of the decision; c. Fully participate in the review process, whether the review is in person or in writing, including an opportunity to present supplemental information during the review process; and d. Receive continued coverage if the enrollee requests a review prior to the effective date of the reduction or termination of services or payment for services.
8. Unless an expedited review decision is mandated, the external review process shall be completed and a written decision shall be issued within ninety (90) calendar days of the date an enrollee requests an external review, unless the applicant, enrollee, or authorized representative requests or causes a delay. If the enrollee’s physician or health plan determines that operating under the standard time frame could seriously jeopardize the enrollee’s life or health or ability to attain, maintain, or regain maximum function, then the external review process must be completed and a written decision must be issued within seventy-two (72) hours of the time an enrollee requests external review, unless the applicant, enrollee, or authorized representative requests or causes a delay.
For reviews involving behavioral health services matters for FAMIS enrollees receiving services through the contracted BHSA, the following procedures shall apply.
1. The BHSA shall provide a written notification within 10 days after a decision is made and provide the opportunity for external review whenever an enrollee’s request for covered services is delayed, denied, reduced, suspended, or terminated, in whole or in part including a determination about the type or level of services; or whenever there has been the failure to approve, furnish or provide payment for health services in a timely
(spa)(va-17-0012)(approval-package)(page-82)Page 82#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-79
Effective Date: 0107/01/17
79 Approval Date_______08/03/17 manner.
2. Written notification must include the reasons for the determination, an explanation of rights to request a review and how to request a review, and the standard and expedited time frames for review. In addition, it shall inform the enrollee about his or her opportunity to file a grievance or a request for review with the BHSA, and include the phone number and name of the contact person at the BHSA’s office.
3. The BHSA shall have written policies and procedures which describe the informal and formal grievance and review process and how it operates, and the process must be in compliance with federal and State regulations. The BHSA shall issue grievance decisions within thirty (30) days from the date of initial receipt of the grievance.
4. A review shall not be granted if the sole basis for the adverse determination is a state or federal provision requiring an automatic change that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
5. FAMIS members have the right to appeal most adverse actions by the BHSA contractor directly to the Department. The contractor shall notify the members of their right to appeal to the Department. If an enrollee wishes to file an appeal with the Department, the appeal must be filed within 30 days of the enrollee’s receipt of notice of the decision from the BHSA contractor.
6. The BHSA shall provide to the Department all information necessary for any enrollee appeal within the time frame established by the Department.
7. All applicants/enrollees shall have the right to have personal and medical information and records maintained as confidential.
8. All applicants/enrollees shall have an opportunity to:
a. Represent themselves or have representation of their choosing during the review process; b. Timely review their files and other applicable information relevant to review of the decision; c. Fully participate in the review process, whether the review is in person or in writing, including an opportunity to present supplemental information during the review process; and d. Receive continued coverage if the enrollee requests a review prior to the effective date of the reduction or termination of services or payment for services.
9. The Department shall complete the review process and issue a decision within ninety (90) calendar days of the date an enrollee’s request. An expedited review must be completed within seventy-two (72) hours of the request.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-80
Effective Date: 0107/01/17
80 Approval Date_______08/03/17
10. The Department’s decision must be in writing and shall include but not be limited to: the decision reached by the Department; the reasons for the decision; and, the policies or procedures which provide the basis for the decision.
11. The BHSA shall comply with the Department’s decision.
Premium Assistance Programs
12.3 If providing coverage through a group health plan that does not meet the requirements of 42 CFR 457.1120, p have the option to obtain health benefits coverage other than through the group health plan at initial enrollment and at each redetermination of eligibility.
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(spa)(va-18-0012)(approval-package)Virginia CHIP SPA VA-18-0012: Approval Package (approved May 10, 2021, effective July 1, 2017)#
(spa)(va-18-0012)(approval-package)(page-1)Page 1#
_____________________________________________________________________________ Table of Contents State/Territory Name: State Plan Amendment (SPA) #: This file contains the following documents in the order listed: 1) Approval Letter 2) State Plan Pages Virginia VA-18-0012
(spa)(va-18-0012)(approval-package)(page-2)Page 2#
DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services 7500 Security Boulevard, Mail Stop S2-01-16 Baltimore, MD 21244-1850
Children and Adults Health Programs Group
May 10, 2021
Cindy Olson Director Eligibility and Enrollment Services Division Virginia Department of Medical Assistance Services 600 East Broad Street, Suite 1300 Richmond, VA 23219
Dear Ms. Olson:
Your title XXI Children’s Health Insurance Program (CHIP) state plan amendment (SPA) VA- 18-0012 submitted on June 27, 2018 with additional information provided on April 22, 2021, has been approved. This amendment proposes to demonstrate compliance with the Mental Health Parity and Addiction Equity Act. This SPA has an effective date of July 1, 2017, except for the changes noted below.
Through this SPA, Virginia implements mental health parity requirements to ensure that treatment limitations and financial requirements applied to mental health (MH) and substance use disorder (SUD) benefits are no more restrictive than those applied to medical/surgical (M/S) benefits. Section 2103(c)(7)(A) of the Social Security Act (the Act), as implemented through regulations at 42 CFR 457.496(d)(3)-(5), requires states that provide both M/S and MH/SUD benefits to ensure that financial requirements (FRs) and treatment limitations applied to MH/SUD benefits covered under the state child health plan are consistent with the mental health parity requirements of section 2705(a) of the Public Health Service Act, in the same manner that such requirements apply to a group health plan. The state provided the necessary assurances and supporting documentation that the state’s application of FRs, quantitative treatment limits (QTLs), and non-quantitative treatment limitations to MH/SUD benefits are consistent with section 2103(c)(7)(A) of the Act.
The state took the following actions to come into compliance with parity regulations, which have effective dates that vary from the overall effective date of the SPA:
• Removal of FRs applicable to outpatient MH/SUD benefits, effective July 1, 2019, • Revisions to state regulations to remove all QTLs applicable to MH/SUD benefits, effective March 5, 2020, and • Updates to provider manuals related to removing FRs and QTLs, which will be effective no later than August 2021.
This approval relates only to benefits provided under the CHIP state plan; Medicaid benefits will be analyzed separately.
(spa)(va-18-0012)(approval-package)(page-3)Page 3#
Page 2 - Ms. Cindy Olson
Your title XXI project officer is Ms. Ticia Jones. She is available to answer questions concerning this amendment and other CHIP-related issues. Her contact information is as follows:
Centers for Medicare & Medicaid Services Center for Medicaid and CHIP Services Mail Stop: S2-01-16
7500 Security Boulevard
Baltimore, MD 21244-1850
Telephone: (410) 786-8145
E-mail: Ticia.Jones@cms.hhs.gov
If you have any questions, please contact Meg Barry, Director, Division of State Coverage Programs, at (410) 786-1536. We look forward to continuing to work with you and your staff.
Sincerely,
/Signed by Amy Lutzky/
Amy Lutzky Deputy Director
(spa)(va-18-0012)(approval-package)(page-4)Page 4#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-2
Effective Date: [07/01/17] 2 Approval Date____________/20 Section 1. General Description and Purpose of the State Child Health Plans and State Child Health Plan Requirements
1.1 The state will use funds provided under Title XXI primarily for (Check appropriate box) (Section 2101(a)(1)); (42 CFR 457.70):
1.1.1 Obtaining coverage that meets the requirements for a separate child health program (Sections 2101(a)(1) and 2103); OR
1.1.2. Providing expanded benefits under the State’s Medicaid plan (Title XIX) (Section 2101(a)(2)); OR
1.1.3. A combination of both of the above. (Section 2101(a)(2))
Effective 09/01/02.
1.2 Check to provide an assurance that expenditures for child health assistance will not be claimed prior to the time that the State has legislative authority to operate the State plan or plan amendment as approved by CMS. (42 CFR 457.40(d))
1.3 Check to provide an assurance that the State complies with all applicable civil rights requirements, including title VI of the Civil Rights Act of 1964, title II of the Americans with Disabilities Act of 1990, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, 45 CFR part 80, part 84, and part 91, and 28 CFR part 35. (42 CFR 457.130)
Guidance: The effective date as specified below is defined as the date on which the State begins to incur costs to implement its State plan or amendment. (42 CFR 457.65) The implementation date is defined as the date the State begins to provide services; or, the date on which the State puts into practice the new policy described in the State plan or amendment. For example, in a State that has increased eligibility, this is the date on which the State begins to provide coverage to enrollees (and not the date the State begins outreach or accepting applications).
1.4 Provide the effective (date costs begin to be incurred) and implementation (date services begin to be provided) dates for this SPA (42 CFR 457.65). A SPA may only have one effective date, but provisions within the SPA may have different implementation dates that must be after the effective date.
Original Plan Effective Date: 10/26/98; Implementation Date: 10/26/98
Amendment Effective Dates: Amend. 1: 07/01/01. Amend. 2: 12/01/01. Amend. 3: 7/01/01. Amend. 4: 09/01/02. Amend. 5: 08/01/03. Amend. 6: Withdrawn.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-3
Effective Date: [07/01/17] 3 Approval Date____________/20 Amend. 7: delete ESHI premium assistance program and exempt pregnant children from waiting period 08/01/05; allow for disease management in fee-for- service program 07/01/06. Amend. 8: Changes to the CHIP State Plan to outline coverage of school services and to add language regarding private funding. Amend. 9: FAMIS MOMS to 200% FPL and MCO opt in 07/01/09; Medicaid Expansion Immigrants 04/01/09. Amend. 10: Translation for Dental Care 07/01/09; Hospice Concurrent with Treatment 03/23/10; Early Intervention and prospective payment for FQHCs and RHCs 10/01/09; Citizenship Documentation 01/01/10; Mental Health Parity and No Cost Sharing for Pregnancy-Related Assistance 07/01/10. Amend. 11: Administrative Renewal Process 10/01/10; Virginia Health Care Fund 07/01/10. Amend. 16: Behavioral Therapies added 07/01/16. Amend. 17: Temporary Adjustments to Enrollment and Redetermination for Individuals Living or Working in a Declared Disaster Area at the Time of a Disaster Event 01/01/17.
Amendment Implementation Dates: Amend. 1: 08/01/01; Amend. 2: 12/01/01; Amend. 3: 12/01/01; Amend. 4: 09/01/02; Amend. 5: 08/01/03; Amend. 6: Withdrawn; Amend. 7: 07/01/06; Amend. 8: 07/01/07, and 02/14/09 implementation date of language regarding the RWJ Grant funding and private funding; Amend. 9: 07/01/09, and Medicaid Expansion Immigrants: 04/01/09; Amend. 10: Translation for Dental Care: 07/01/09; Hospice Concurrent with Treatment: 03/23/10; Early Intervention and prospective payment for FQHCs and RHCs: 10/01/09; Citizenship Documentation: 01/01/10; and Mental Health Parity, No Cost Sharing for Pregnancy-Related Assistance, and Virginia Health Care Fund: 07/01/10. Amend. 11: Administrative Renewal Process: 10/01/10; and Virginia Health Care Fund: 07/01/10. Amend. 12: Discontinue primary care case management: 05/01/12; Expand eligibility under lawfully residing option: 07/01/12; Add coverage for early intervention case management: 10/01/11; and Discontinue Virginia Health Care Fund funding: 07/01/12. Amend. 13: Outreach Procedures 07/01/12; and Performance Plan: 07/01/12. Amend. 14: Delivery system change (Sec. 6 and 12) Behavioral Health Service Administrator: 01/01/14. Amend. 16: Behavioral Therapies 07/01/16. Amend. 17: Temporary Adjustments to Enrollment and Redetermination for Individuals Living or Working in a Declared Disaster Area at the Time of a Disaster Event 01/01/17.
(spa)(va-18-0012)(approval-package)(page-6)Page 6#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-4
Effective Date: [07/01/17] 4 Approval Date____________/20 Transmittal Number SPA Group PDF Description Superseded Plan Section(s) VA-13-15
Effective/Implementation Date: January 1, 2014
VA-14-0020
Effective/Implementation Date: January 1, 2015
MAGI Eligibility & Methods CS7
CS13
CS15
CS10
Eligibility – Targeted Low Income Children
Eligibility - Deemed Newborns
MAGI-Based Income Methodologies
Eligibility – Children Who Have Access to Public Employee Coverage Supersedes the current sections Geographic Area 4.1.1; Age 4.1.2; and Income 4.1.3
Incorporate under section 4.3
Incorporate within a separate subsection under section 4.3
Supersedes language in regard to dependents of public employees in Section 4.1.9
VA-14-0002
Effective/Implementation Date: January 1, 2014
XXI Medicaid Expansion CS3 Eligibility for Medicaid Expansion Program Supersedes the current Medicaid expansion section 4.0 VA-14-0025
Effective/Implementation Date: January 1, 2014 Establish 2101(f) Group CS14 Children Ineligible for Medicaid as a Result of the Elimination of Income Disregards Incorporate within subsection 4.4.1 VA-13-0018
Effective/Implementation Date: October 1, 2013 Eligibility Processing CS24 Eligibility Process Supersedes the current sections 4.3 and 4.4 VA-13-19
Effective/Implementation Date: January 1, 2014
Non- Financial Eligibility CS17
CS18
Non-Financial Eligibility – Residency
Non-Financial – Citizenship
Supersedes the current section 4.1.5
Supersedes the current sections 4.1.0; 4.1.1-LR
(spa)(va-18-0012)(approval-package)(page-7)Page 7#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-5
Effective Date: [07/01/17] 5 Approval Date____________/20 Transmittal Number SPA Group PDF Description Superseded Plan Section(s)
VA-13-19-01 Effective/Implementation Date: July 3, 2014 CS19
CS23
CS20 Non-Financial – Social Security Number
Other Eligibility Standards
Substitution of Coverage
Supersedes the current section 4.1.9
Supersedes the current section 4,1.6, 4.1.7, 4.1.8, 4.1.9
Supersedes the current section 4.4.4
SPA #15 Purpose of SPA: Update for SFY 2015 Effective date: 07/01/14
Implementation dates: Remove waiting period for eligibility: 07/03/14; Allow eligibility for dependents of state employees: 01/01/15
SPA #16 Purpose of SPA: Update for SFY 2016
Effective date: 07/01/15
Implementation date:
Benefits - add Behavioral Therapy services: 07/01/16
SPA #17
Purpose of SPA: Temporary Adjustments to Enrollment and Redetermination for Individuals Living or Working in a Declared Disaster Area at the Time of a Disaster Event.
Effective date and implementation date: 01/01/17
SPA #VA-17-0012 Purpose of SPA: Update for SFY 2017
Effective date: 7/1/16 SUD amendments (not including peer supports) have an implementation date of 04/01/17. All other items (including peer supports) have an implementation date of 07/01/17.
(spa)(va-18-0012)(approval-package)(page-8)Page 8#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-6
Effective Date: [07/01/17] 6 Approval Date____________/20
SPA #VA-18-0012 Purpose of SPA: Compliance with Mental Health Parity and Addiction Equity Act - Proposed effective and implementation date: 07/01/17; Removal of Outpatient Behavioral Health Co-payments - Proposed effective and implementation date 07/01/19
SPA #VA-19-0010 Purpose of SPA: Update for SFY 2019; Managed Care Final Rule Compliance Assurances; Technical Updates Effective and implementation date: 07/01/18
(spa)(va-18-0012)(approval-package)(page-9)Page 9#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-76
Effective Date: [07/01/17] 76 Approval Date____________/20 2110(a)(9))
Maternity service including routine prenatal care is covered. Pre- pregnancy family services include coverage for prescription drugs and devices approved by the U.S. Food and Drug Administration for use as contraceptives. Contraceptive drugs and devices eligible for reimbursement are oral contraceptives, Depo-Provera, cervical caps, diaphragms, intrauterine devices and transdermal implants.
6.2.10. Inpatient mental health services, other than services described in 6.2.18., but including services furnished in a state-operated mental hospital and including residential or other 24-hour therapeutically planned structural services. (Section 2110(a)(10))
Inpatient acute mental health services other than those (a) services furnished in a state-operated mental hospital, (b) services furnished by IMDs, or (c) residential services or other 24-hour therapeutically planned structural services.
Effective 07-01-10, medically necessary inpatient mental health services are covered for 365 days per confinement.
6.2.11. Outpatient mental health services, other than services described in 6.2.19, but including services furnished in a state-operated mental hospital and including community-based services (Section 2110(a)(11)
Effective 07-01-10, medically necessary outpatient mental health services (including, but not limited to those listed below) are covered without limitations.
A. Outpatient mental health services, other than services furnished in a state- operated mental hospital.
B. Effective 08-01-2003, the following community mental health services are covered under this state plan.
1. Intensive in-home services to children and adolescents under age 19 - shall be time-limited interventions provided typically but not solely in the residence of a child who is at risk of being moved into an out-of-home placement or who is being transitioned to home from out-of-home placement due to a documented medical need of the child. These services provide crisis treatment, individual and family
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-77
Effective Date: [07/01/17] 77 Approval Date____________/20 counseling, and communication skills (e.g., counseling to assist the child and his parents to understand and practice appropriate problem-solving, anger management, and interpersonal interaction, etc.); case management activities and coordination with other required services; and 24-hour emergency response. Services must be directed toward the treatment of the eligible child and delivered primarily in the family’s residence with the child present.
2. Therapeutic day treatment - provides evaluation, medication, education and management; opportunities to learn and use daily living skills and to enhance social and interpersonal skills (e.g., problem-solving, anger management, community responsibility, increased impulse control, and appropriate peer relations, etc.); and individual, group and family psychotherapy. The service shall be provided two or more hours per day in order to provide therapeutic interventions. One unit of service is defined as a minimum of two hours but less than three hours in a given day. Two units of service shall be defined as a minimum of three but less than five hours in a given day. Three units of service shall be defined as five or more hours of service in a given day.
3. Crisis Intervention - Crisis intervention shall provide immediate mental health care, available 24 hours a day, seven days per week, to assist individuals who are experiencing acute psychiatric dysfunction requiring immediate clinical attention. A unit equals 15 minutes and shall include assessing the crisis situation, providing short-term counseling designed to stabilize the individual, providing access to further immediate assessment and follow-up, and linking the individual and family with ongoing care to prevent future crises. Crisis intervention services may include office visits, home visits, preadmission screenings, telephone contacts, and other client-related activities for the prevention of institutionalization.
4. Case Management - Case management services for youth at risk of serious emotional disturbance and who meet the definition of Seriously Emotionally Disturbed. Case management services assist youth at risk of serious emotional disturbance and with a diagnosis of Serious Emotional Disturbance in accessing needed medical, psychiatric, social, educational, vocational, and other supports essential to meeting basic needs. Services to be provided include: Assessment and planning, linking the individual directly to services and supports, assisting the individual directly for the purpose of
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-78
Effective Date: [07/01/17] 78 Approval Date____________/20 locating, developing or obtaining needed service and resources, coordinating services and service planning, enhancing community integration, making collateral contacts, follow up and monitoring, and education and counseling. 5. Behavioral Therapies - As of 07-01-16, behavioral therapies are covered. Behavioral therapies are systematic interventions provided by licensed practitioners, within their scope of practice defined under state law or regulations, to individuals younger than 19 years of age, usually in the individual’s home. Behavioral therapy includes, but is not limited to, applied behavior analysis. Services are designed to enhance communication skills and decrease maladaptive patterns of behavior which, if left untreated, could lead to more complex problems and the need for a greater or a more restrictive level of care. The service goal is to ensure the individual’s family is trained to effectively manage the individual’s behavior in the home and community settings using behavioral modification strategies. Behavioral therapy services must be preauthorized and based on a medical necessity determination.
C. Peer Support Services - As of 07-01-17 peer support services are covered. Peer Support Services extend existing comprehensive behavioral health and substance use treatment services to help facilitate recovery from even the most serious mental health and substance use disorders. Peer support providers are self-identified individuals who are in successful and ongoing recovery from mental health and/or substance use disorders. Peer support providers shall be sufficiently trained and certified to deliver services. Peer Support Services are delivered by peers (trained/certified individuals with lived experience with mental health and/or substance use disorders) who have been successful in the recovery process and can extend the reach of treatment beyond the clinical setting into an individual’s community to support and assist a member with staying engaged in the recovery process. A Peer Support service called Family Support Partners shall be provided to individuals under the age of 21 who have a mental health or substance use disorder or co-occurring mental health and substance use disorders which are the focus of the support with their caregiver.
6.2.12. Durable medical equipment and other medically-related or remedial devices (such as prosthetic devices, implants, eyeglasses, hearing aids, dental devices, and adaptive devices). (Section 2110(a)(12)) Durable medical equipment, prosthetic devices, hearing aids, and
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-79
Effective Date: [07/01/17] 79 Approval Date____________/20 eyeglasses are covered when medically necessary with certain limitations. 6.2.13. Disposable medical supplies. (Section 2110(a)(13))
Medically necessary disposable medical supplies provided in an inpatient or outpatient setting are covered.
Guidance: Home and community based services may include supportive services such as home health nursing services, home health aide services, personal care, assistance with activities of daily living, chore services, day care services, respite care services, training for family members, and minor modifications to the home.
6.2.14. Home and community-based health care services (Section 2110(a)(14))
Includes coverage of up to 90 visits per calendar year. Includes nursing and personal care services, home health aides, physical therapy, occupational therapy, and speech, hearing, and inhalation therapy.
6.2.15. Nursing care services (Section 2110(a)(15))
Nurse practitioner services, nurse midwife services, and private duty nursing services are covered. Skilled nursing services provided for special education students are covered with limitations.
6.2.16. Abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. (Section 2110(a)(16)) Abortion only if necessary to save the life of the mother.
6.2.17. Dental services (Section 2110(a)(17)) Coverage includes diagnostic, preventive, primary, prosthetic and complex restorative services. Coverage does not include routine bases under restorations. Coverage shall include full-banded orthodontics and related services to correct abnormal and correctable malocclusion for enrollees. Post-treatment stabilization retainers and follow-up visits are included in the orthodontic services. Effective 12/1/02, the benefit limits for orthodontic services increased to mirror
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-85
Effective Date: [07/01/17] 85 Approval Date____________/20 of medical supervision of nurse-midwife services, meets the requirements for participation in Medicare. C. Emergency hospital services provided without limitation. D. Coverage of outpatient observation beds. The following limits and requirements shall apply to DMAS coverage of outpatient observation beds. These services must be billed as outpatient care and may be provided for up to 23 hours. A patient stay of 24 hours or more shall require inpatient precertification and admission.
6.2.3.A Physician services (Section 2110(a)(3)) A. Physician’s services whether furnished in the office, the patient’s home, a hospital, a skilled nursing facility or elsewhere. Elective surgery as defined by the Program is surgery that is not medically necessary to restore or materially improve a body function. Elective and cosmetic surgical procedures are not covered unless performed for physiological reasons and require prior approval by DMAS. B. Routine physicals and immunizations are not covered except when the services are provided under the EPSDT Program and when a well child examination is performed in a private physician’s office for a foster child of the local social services department on specific referral from those departments. C. Consistent with the Omnibus Budget Reconciliation Act of 1989 §6403, medically necessary psychiatric services shall be covered when prior authorized by DMAS for individuals younger than 19 years of age when the need for such services has been identified through an EPSDT screen. D. Physician visits to inpatient hospital patients are limited to medically necessary days of inpatient hospitalization. E. Psychological testing and psychotherapy by clinical psychologists licensed by the State Board of Medicine. F. Reimbursement will not be provided for physician services performed in the inpatient setting for those surgical or diagnostic procedures listed on the mandatory outpatient surgery list unless the service is medically justified or meets one of the exceptions. G. For purposes of organ transplantation, all similarly situated individuals will be treated alike. Experimental or investigational procedures are not covered.
6.2.4.A Surgical services (Section 2110(a)(4))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-89
Effective Date: [07/01/17] 89 Approval Date____________/20 including community-based services (Section 2110(a)(11)) Effective 07-01-10, medically necessary outpatient mental health services (including, but not limited to those listed below) are covered without limitations. Outpatient mental health services are managed by the contracted BHSA. Consistent with the Omnibus Budget Reconciliation Act of 1989 §6403, medically necessary psychiatric services shall be covered for individuals younger than 19 year of age when the need for such services has been identified through an EPSDT screen. Community Mental Health Services: 1. Intensive in-home services to children and adolescents under age 19 - Shall be time-limited interventions provided typically but not solely in the residence of a child who is at risk of being moved into an out-of- home placement or who is being transitioned to home from out-of- home placement due to a documented medical need of the child. These services provide crisis treatment, individual and family counseling, and communication skills (e.g., counseling to assist the child and his parents to understand and practice appropriate problem-solving, anger management, and interpersonal interaction, etc.); case management activities and coordination with other required services; and 24-hour emergency response. Services must be directed toward the treatment of the eligible child and delivered primarily in the residence with the child present.
2. Therapeutic day treatment for children and adolescents - Provides evaluation, medication, education and management; opportunities to learn and use daily living skills and to enhance social and interpersonal skills (e.g., problem-solving, anger management, community responsibility, increased impulse control, and appropriate peer relations, etc.); and individual, group and family psychotherapy. The service shall be provided two or more hours per day in order to provide therapeutic interventions. One unit of service is defined as a minimum of two hours but less than three hours in a given day. Two units of service shall be defined as a minimum of three but less than five hours in a given day. Three units of service shall be defined as five or more hours of service in a given day.
3. Day Treatment / Partial Hospitalization - Day treatment / partial hospitalization services shall be provided in sessions of two or more consecutive hours per day, which may be scheduled multiple times per week, to groups of individuals in a nonresidential setting. These
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-90
Effective Date: [07/01/17] 90 Approval Date____________/20 services include the major diagnostic, medical, psychiatric, psychosocial and psychoeducational treatment modalities designed for individuals who require coordinated, intensive, comprehensive, and multidisciplinary treatment but who do not require inpatient treatment.
4. Psychosocial Rehabilitation - Psychosocial rehabilitation shall be provided at least two or more hours per day to groups of individuals in a nonresidential setting. These services include assessment, education to teach the patient about the diagnosed mental illness and appropriate medications to avoid complication and relapse, opportunities to learn and use independent living skills and to enhance social and interpersonal skills within a supportive and normalizing program structure and environment.
5. Crisis Intervention - Crisis intervention shall provide immediate mental health care, available 24 hours a day, seven days per week, to assist individuals who are experiencing acute psychiatric dysfunction requiring immediate clinical attention. A unit equals 15 minutes and shall include assessing the crisis situation, providing short-term counseling designed to stabilize the individual, providing access to further immediate assessment and follow-up, and linking the individual and family with ongoing care to prevent future crises. Crisis intervention services may include office visits, home visits, preadmission screenings, telephone contacts, and other client-related activities for the prevention of institutionalization.
6. Mental Health Crisis Stabilization - Crisis stabilization services for non-hospitalized individuals shall provide direct mental health care to individuals experiencing an acute psychiatric crisis which may jeopardize their current community living situation.
7. Mental Health Support - Mental health support services shall be defined as training and supports to enable individuals to achieve and maintain community stability and independence in the most appropriate, least restrictive environment. These services may be authorized for six consecutive months. This program shall provides the following services: training in or reinforcement of functional skills and appropriate behavior related to the individual’s health and safety, activities of daily living, and use of community resources; assistance with medication management; and monitoring health, nutrition, and physical condition.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-91
Effective Date: [07/01/17] 91 Approval Date____________/20 8. Intensive Community Treatment - Medical psychotherapy, psychiatric assessment, medication management, and case management activities offered to outpatients outside the clinic, hospital, or office setting for individuals who are best served in the community. 9. Case Management - Case management services for youth at risk of serious emotional disturbance and who meet the definition of Seriously Emotionally Disturbed. Case management services assist youth at risk of serious emotional disturbance and with a diagnosis of Serious Emotional Disturbance in accessing needed medical, psychiatric, social, educational, vocational, and other supports essential to meeting basic needs. Services to be provided include: Assessment and planning, linking the individual directly to services and supports, assisting the individual directly for the purpose of locating, developing or obtaining needed service and resources, coordinating services and service planning, enhancing community integration, making collateral contacts, follow up and monitoring, and education and counseling. 10. Behavioral Therapies - As of 07-01-16, behavioral therapies are covered. Behavioral therapies are systematic interventions provided by licensed practitioners within their scope of practice, defined under state law or regulations, to individuals younger than 19 years of age, usually in the individual’s home. Behavioral therapy includes, but is not limited to, applied behavior analysis. Services are designed to enhance communication skills and decrease maladaptive patterns of behavior which, if left untreated, could lead to more complex problems and the need for a greater or a more restrictive level of care. The service goal is to ensure the individual’s family is trained to effectively manage the individual’s behavior in the home and community settings using behavioral modification strategies. Behavioral therapy services must be preauthorized and based on a medical necessity determination. 6.2.12.A Durable medical equipment and other medically-related or remedial devices (such as prosthetic devices, implants, eyeglasses, hearing aids, dental devices, and adaptive devices) (Section 2110(a)(12)) Durable medical equipment, hearing aids, and eyeglasses are covered when medically necessary with certain limitations. Prosthetic devices for the replacement of missing arms, legs and breasts and the provision of any internal (implant) body part shall be covered.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-99
Effective Date: [07/01/17] 99 Approval Date____________/20
6.2.1.1- MHPAEA Please choose the standard(s) the state uses to determine whether a covered benefit is a medical/surgical benefit, mental health benefit, or substance use disorder benefit. The most current version of the standard elected must be used. If different standards are used for different benefit types, please specify the benefit type(s) to which each standard is applied. If “Other” is selected, please provide a description of that standard.
International Classification of Disease (ICD) Diagnostic and Statistical Manual of Mental Disorders (DSM) State guidelines Other (Describe): Conditions noted in ICD-10-CM, Chapter 5, “Mental, Behavioral, and Neurodevelopmental Disorders” are classified under MH/SUD with the following exceptions: The conditions listed in subchapter 1, “Mental disorders due to known physiological conditions” (F01 to F09) are categorized as MED/SURG; the conditions listed in subchapter 8, “Intellectual disabilities” (F70 to F79) are categorized as MED/SURG; and the conditions listed in subchapter 9, “Pervasive and specific developmental disorders” (F80-F89) are categorized as MED/SURG. 6.2.1.2- MHPAEA Does the State provide mental health and/or substance use disorder benefits?
Yes No Guidance: If the State does not provide any mental health or substance use disorder benefits, the mental health parity requirements do not apply ((42 CFR 457.496(f)(1)). Continue on to Section 6.3.
6.2.2- MHPAEA Section 2103(c)(6)(B) of the Social Security Act (the Act) provides that to the extent a State child health plan includes coverage of early and periodic screening, diagnostic, and treatment services (EPSDT) defined in section 1905(r) of the Act and provided in accordance with section 1902(a)(43) of the Act, the plan shall be deemed to satisfy the parity requirements of section 2103(c)(6)(A) of the Act.
6.2.2.1- MHPAEA Does the State child health plan provide coverage of EPSDT? The State must provide for coverage of EPSDT benefits, consistent with Medicaid statutory requirements, as indicated in section 6.2.26 of the State child health plan in order to answer “yes.”
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-100
Effective Date: [07/01/17] 100 Approval Date____________/20
Yes No FAMIS children access the EPSDT benefit during the time they are temporarily in fee-for-service prior to being enrolled in a MCO. FAMIS children in managed care do not receive the EPSDT benefit; therefore DMAS is not seeking deemed parity on the basis of EPSDT for its separate CHIP population. Guidance: If the State child health plan does not provide EPSDT consistent with Medicaid statutory requirements at sections 1902(a)(43) and 1905(r) of the Act, please go to Section 6.2.3- MHPAEA to complete the required parity analysis of the State child health plan.
If the state does provide EPSDT benefits consistent with Medicaid requirements, please continue this section to demonstrate compliance with the statutory requirements of section 2103(c)(6)(B) of the Act and the mental health parity regulations of 42 CFR 457.496(b) related to deemed compliance. Please provide supporting documentation, such as contract language, provider manuals, and/or member handbooks describing the state’s provision of EPSDT.
6.2.2.2- MHPAEA EPSDT benefits are provided to the following:
All children covered under the State child health plan. A subset of children covered under the State child health plan. Please describe the different populations (if applicable) covered under the State child health plan that are provided EPSDT benefits consistent with Medicaid statutory requirements Guidance: If only a subset of children are provided EPSDT benefits under the State child health plan, 42 CFR 457.496(b)(3) limits deemed compliance to those children only and Section 6.2.3- MHPAEA must be completed as well as the required parity analysis for the other children.
6.2.2.3- MHPAEA To be deemed compliant with the MHPAEA parity requirements, States must provide EPSDT in accordance with sections 1902(a)(43) and 1905(r) of the Act (42 CFR 457.496(b)). The State assures each of the following for children eligible for EPSDT under the separate State child health plan:
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-101
Effective Date: [07/01/17] 101 Approval Date____________/20
All screening services, including screenings for mental health and substance use disorder conditions, are provided at intervals that align with a periodicity schedule that meets reasonable standards of medical or dental practice as well as when medically necessary to determine the existence of suspected illness or conditions. (Section 1905(r))
All diagnostic services described in 1905(a) of the Act are provided as needed to diagnose suspected conditions or illnesses discovered through screening services, whether or not those services are covered under the Medicaid state plan. (Section 1905(r))
All items and services described in section 1905(a) of the Act are provided when needed to correct or ameliorate a defect or any physical or mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the Medicaid State plan. (Section 1905(r)(5))
Treatment limitations applied to services provided under the EPSDT benefit are not limited based on a monetary cap or budgetary constraints and may be exceeded as medically necessary to correct or ameliorate a medical or physical condition or illness. (Section 1905(r)(5))
Non-quantitative treatment limitations, such as definitions of medical necessity or criteria for medical necessity, are applied in an individualized manner that does not preclude coverage of any items or services necessary to correct or ameliorate any medical or physical condition or illness. (Section 1905(r)(5))
EPSDT benefits are not excluded on the basis of any condition, disorder, or diagnosis. (Section 1905(r)(5))
The provision of all requested EPSDT screening services, as well as any corrective treatments needed based on those screening services, are provided or arranged for as necessary. (Section 1902(a)(43))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-102
Effective Date: [07/01/17] 102 Approval Date____________/20
All families with children eligible for the EPSDT benefit under the separate State child health plan are provided information and informed about the full range of services available to them. (Section 1902(a)(43)(A)) Guidance: For states seeking deemed compliance for their entire State child health plan population, please continue to Section 6.3. If not all of the covered populations are offered EPSDT, the State must conduct a parity analysis of the benefit packages provided to those populations. Please continue to 6.2.3- MHPAEA.
Mental Health Parity Analysis Requirements for States Not Providing EPSDT to All Covered Populations
Guidance: The State must complete a parity analysis for each population under the State child health plan that is not provided the EPSDT benefit consistent with the requirements 42 CFR 457.496(b). If the State provides benefits or limitations that vary within the child or pregnant woman populations, states should perform a parity analysis for each of the benefit packages. For example, if different financial requirements are applied according to a beneficiary’s income, a separate parity analysis is needed for the benefit package provided at each income level.
Please ensure that changes made to benefit limitations under the State child health plan as a result of the parity analysis are also made in Section 6.2.
6.2.3- MHPAEA In order to conduct the parity analysis, the State must place all medical/surgical and mental health and substance use disorder benefits covered under the State child health plan into one of four classifications: Inpatient, outpatient, emergency care, and prescription drugs. (42 CFR 457.496(d)(2)(ii); 42 CFR 457.496(d)(3)(ii)(B))
6.2.3.1 MHPAEA Please describe below the standard(s) used to place covered benefits into one of the four classifications.
Inpatient: All covered services or items (including medications) provided to a member when a physician (or other qualified provider as applicable) has written an order/certification for a >24-hour admission to a facility.
Outpatient: All covered services or items (including medications) provided to a member in a setting that does not require a physician (or other qualified provider as applicable) order/certification for a >24-hour admission, and does not meet the definition of emergency care.
Emergency Care: All covered services or items (including medications) provided in an
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-103
Effective Date: [07/01/17] 103 Approval Date____________/20 emergency department setting or to stabilize an emergency/crisis, when provided in a setting other than an inpatient setting.
Pharmacy/Prescription Drugs: Covered medications, drugs, and associated supplies requiring a prescription, and services delivered by a pharmacist who works in a free- standing pharmacy.
6.2.3.1.1 MHPAEA The State assures that:
The State has classified all benefits covered under the State plan into one of the four classifications. The same reasonable standards are used for determining the classification for a mental health or substance use disorder benefit as are used for determining the classification of medical/surgical benefits. 6.2.3.1.2- MHPAEA Does the State use sub-classifications to distinguish between office visits and other outpatient services?
Yes No
6.2.3.1.2.1- MHPAEA If the State uses sub-classifications to distinguish between outpatient office visits and other outpatient services, the State assures the following:
The sub-classifications are only used to distinguish office visits from other outpatient items and services, and are not used to distinguish between similar services on other bases (ex: generalist vs. specialist visits). Guidance: For purposes of this section, any reference to “classification(s)” includes sub-classification(s) in states using sub-classifications to distinguish between outpatient office visits from other outpatient services.
6.2.3.2 MHPAEA The State assures that:
Mental health / substance use disorder benefits are provided in all classifications in which medical/surgical benefits are provided under the State child health plan.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-104
Effective Date: [07/01/17] 104 Approval Date____________/20 Guidance: States are not required to cover mental health or substance use disorder benefits (42 CFR 457.496(f)(2)). However if a state does provide any mental health or substance use disorder benefits, those mental health or substance use disorder benefits must be provided in all the same classifications in which medical/surgical benefits are covered under the State child health plan (42 CFR 457.496(d)(2)(ii).
Annual and Aggregate Lifetime Dollar Limits
6.2.4- MHPAEA A State that provides both medical/surgical benefits and mental health and/or substance use disorder benefits must comply with parity requirements related to annual and aggregate lifetime dollar limits for benefits covered under the State child health plan. (42 CFR 457.496(c))
6.2.4.1- MHPAEA Please indicate whether the State applies an aggregate lifetime dollar limit and/or an annual dollar limit on any mental health or substance abuse disorder benefits covered under the State child health plan.
Aggregate lifetime dollar limit is applied Aggregate annual dollar limit is applied No dollar limit is applied Guidance: A monetary coverage limit that applies to all CHIP services provided under the State child health plan is not subject to parity requirements.
If there are no aggregate lifetime or annual dollar limits on any mental health or substance use disorder benefits, please go to section 6.2.5- MHPAEA.
6.2.4.2- MHPAEA Are there any medical/surgical benefits covered under the State child health plan that have either an aggregate lifetime dollar limit or an annual dollar limit? If yes, please specify what type of limits apply.
Yes (Type(s) of limit: ) No Guidance: If no aggregate lifetime dollar limit is applied to medical/ surgical benefits, the State may not impose an aggregate lifetime dollar limit on any mental health or substance use disorder benefits. If no aggregate annual dollar limit is applied to medical/surgical benefits, the State may not impose an aggregate annual dollar limit on any mental health or substance use disorder benefits. (42 CFR 457.496(c)(1))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-105
Effective Date: [07/01/17] 105 Approval Date____________/20
6.2.4.3 – MHPAEA. States applying an aggregate lifetime or annual dollar limit on medical/surgical benefits and mental health or substance use disorder benefits must determine whether the portion of the medical/surgical benefits to which the limit applies is less than one- third, at least one-third but less than two-thirds, or at least two-thirds of all medical/surgical benefits covered under the State plan (457.496(c)).
The portion of medical/surgical benefits subject to the limit is based on the dollar amount expected to be paid for all medical/surgical benefits under the State plan for the State plan year or portion of the plan year after a change in benefits that affects the applicability of the aggregate lifetime or annual dollar limits (457.496(c)(3)).
The State assures that it has developed a reasonable methodology to calculate the portion of covered medical/surgical benefits which are subject to the aggregate lifetime and/or annual dollar limit, as applicable. Guidance: Please include the state’s methodology to calculate the portion of covered medical/surgical benefits which are subject to the aggregate lifetime and/or annual dollar limit, as applicable, as an attachment to the State child health plan.
6.2.4.3.1- MHPAEA Please indicate the portion of the total costs for medical and surgical benefits covered under the State plan which are subject to a lifetime dollar limit:
Less than 1/3 At least 1/3 and less than 2/3 At least 2/3
6.2.4.3.2- MHPAEA Please indicate the portion of the total costs for medical and surgical benefits covered under the State plan which are subject to an annual dollar limit:
Less than 1/3 At least 1/3 and less than 2/3 At least 2/3 Guidance: If an aggregate lifetime limit is applied to less than one-third of all medical/surgical benefits, the State may not impose an aggregate lifetime limit
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-106
Effective Date: [07/01/17] 106 Approval Date____________/20 on any mental health or substance use disorder benefits. If an annual dollar limit is applied to less than one-third of all medical surgical benefits, the State may not impose an annual dollar limit on any mental health or substance use disorder benefits (§457.496(c)(1)). Skip to section 6.2.5-MHPAEA.
If the State applies an aggregate lifetime or annual dollar limit to at least one- third of all medical/surgical benefits, please continue below to provide the assurances related to the determination of the portion of total costs for medical/surgical benefits that are subject to either an annual or lifetime limit.
6.2.4.3.2.1- MHPAEA If the State applies an aggregate lifetime or annual dollar limit to at least1/3 and less than 2/3 of all medical/surgical benefits, the State assures the following (§§457.496(c)(4)(i)(B); 457.496(c)(4)(ii)):
The State applies an aggregate lifetime or annual dollar limit on mental health or substance use disorder benefits that is no more restrictive than an average limit calculated for medical/surgical benefits. Guidance: The state’s methodology for calculating the average limit for medical/surgical benefits must be consistent with §§457.496(c)(4)(i)(B) and 457.496(c)(4)(ii). Please include the state’s methodology as an attachment to the State child health plan.
6.2.4.3.2.2- MHPAEA If at least 2/3 of all medical/surgical benefits are subject to an annual or lifetime limit, the State assures either of the following (§457.496(c)(2)(i); (§457.496(c)(2)(ii)):
The aggregate lifetime or annual dollar limit is applied to both medical/surgical benefits and mental health and substance use disorder benefits in a manner that does not distinguish between medical/surgical benefits and mental health and substance use disorder benefits; or The aggregate lifetime or annual dollar limit placed on mental health and substance use disorder benefits is no more restrictive than the aggregate lifetime or annual dollar limit on medical/surgical benefits.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-107
Effective Date: [07/01/17] 107 Approval Date____________/20
Quantitative Treatment Limitations
6.2.5- MHPAEA Does the State apply quantitative treatment limitations (QTLs) on any mental health or substance use disorder benefits in any classification of benefits? If yes, specify the classification(s) of benefits in which the State applies one or more QTLs on any mental health or substance use disorder benefits.
Yes (Specify: ) No Guidance: If the state does not apply any type of QTLs on any mental health or substance use disorder benefits in any classification, the state meets parity requirements for QTLs and should continue to Section 6.2.6 - MHPAEA. If the state does apply QTLs to any mental health or substance use disorder benefits, the state must conduct a parity analysis. Please continue.
6.2.5.1- MHPAEA Does the State apply any type of QTL on any medical/surgical benefits?
Yes No Guidance: If the State does not apply QTLs on any medical/surgical benefits, the State may not impose quantitative treatment limitations on mental health or substance use disorder benefits, please go to Section 6.2.6- MHPAEA related to non-quantitative treatment limitations.
6.2.5.2- MHPAEA Within each classification of benefits in which the State applies a type of QTL on any mental health or substance use disorder benefits, the State must determine the proportion of medical and surgical benefits in the class which are subject to the limitation. More specifically, the State must determine the ratio of (a) the dollar amount of all payments expected to be paid under the State plan for medical and surgical benefits within a classification which are subject to the type quantitative treatment limitation for the plan year (or portion of the plan year after a mid-year change affecting the applicability of a type of quantitative treatment limitation to any medical/surgical benefits in the class) to (b) the dollar amount expected to be paid for all medical and surgical benefits within the classification for the plan year. For purposes of this paragraph all payments expected to be paid under the State plan includes payments expected to be made directly by the State and payments which are expected to be made by MCEs contracting with the State. (§457.496(d)(3)(i)(C))
The State assures it has applied a reasonable methodology to determine the dollar amounts used in the ratio described above for each classification within which the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-108
Effective Date: [07/01/17] 108 Approval Date____________/20 State applies QTLs to mental health or substance use disorder benefits. (§457.496(d)(3)(i)(E)) Guidance: Please include the state’s methodology as an attachment to the State child health plan.
6.2.5.3- MHPAEA For each type of QTL applied to any mental health or substance use disorder benefits within a given classification, does the State apply the same type of QTL to “substantially all” (defined as at least two-thirds) of the medical/surgical benefits within the same classification? (§457.496(d)(3)(i)(A))
Yes No Guidance: If the State does not apply a type of QTL to substantially all medical/surgical benefits in a given classification of benefits, the State may not impose that type of QTL on mental health or substance use disorder benefits in that classification. (§457.496(d)(3)(i)(A))
6.2.5.3.1- MHPAEA For each type of QTL applied to mental health or substance use disorder benefits, the State must determine the predominant level of that type which is applied to medical/surgical benefits in the classification. The “predominant level” of a type of QTL in a classification is the level (or least restrictive of a combination of levels) that applies to more than one-half of the medical/surgical benefits in that classification, as described in §§457.496(d)(3)(i)(B). The portion of medical/surgical benefits in a classification to which a given level of a QTL type is applied is based on the dollar amount of payments expected to be paid for medical/surgical benefits subject to that level as compared to all medical/surgical benefits in the classification, as described in §457.496(d)(3)(i)(C). For each type of quantitative treatment limitation applied to mental health or substance use disorder benefits, the State assures:
The same reasonable methodology applied in determining the dollar amounts used to determine whether substantially all medical/surgical benefits within a classification are subject to a type of quantitative treatment limitation also is applied in determining the dollar amounts used to determine the predominant level of a type of quantitative treatment limitation applied to medical/surgical benefits within a classification. (§457.496(d)(3)(i)(E)) The level of each type of quantitative treatment limitation applied by the State to mental health or substance use disorder benefits in any classification is
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-109
Effective Date: [07/01/17] 109 Approval Date____________/20 no more restrictive than the predominate level of that type which is applied by the State to medical/surgical benefits within the same classification. (§457.496(d)(2)(i)) Guidance: If there is no single level of a type of QTL that exceeds the one-half threshold, the State may combine levels within a type of QTL such that the combined levels are applied to at least half of all medical/surgical benefits within a classification; the predominate level is the least restrictive level of the levels combined to meet the one-half threshold (§457.496(d)(3)(i)(B)(2)).
Non-Quantitative Treatment Limitations
6.2.6- MHPAEA The State may utilize non-quantitative treatment limitations (NQTLs) for mental health or substance use disorder benefits, but the State must ensure that those NQTLs comply with all the mental health parity requirements. (42 CFR 457.496(d)(4)); (42 CFR 457.496(d)(5))
6.2.6.1 – MHPAEA If the State imposes any NQTLs, complete this subsection. If the State does not impose NQTLs, please go to Section 6.2.7-MHPAEA.
The State assures that the processes, strategies, evidentiary standards or other factors used in the application of any NQTL to mental health or substance use disorder benefits are no more stringent than the processes, strategies, evidentiary standards or other factors used in the application of NQTLs to medical/surgical benefits within the same classification. Guidance: Examples of NQTLs include medical management standards to limit or exclude benefits based on medical necessity, restrictions based on geographic location, provider specialty, or other criteria to limit the scope or duration of benefits and provider network design (ex: preferred providers vs. participating providers). Additional examples of possible NQTLs are provided in 42 CFR 457.496(d)(4)(ii). States will need to provide a summary of its NQTL analysis, as well as supporting documentation as requested.
6.2.6.2 – MHPAEA The State or MCE contracting with the State must comply with parity if they provide coverage of medical or surgical benefits furnished by out-of-network providers.
6.2.6.2.1- MHPAEA Does the State or MCE contracting with the State provide
coverage of medical or surgical benefits provided by out-of-network providers?
Yes No
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-110
Effective Date: [07/01/17] 110 Approval Date____________/20 Guidance: The State can answer no if the State or MCE only provides out of network services in specific circumstances, such as emergency care, or when the network is unable to provide a necessary service covered under the contract.
6.2.6.2.2- MHPAEA If yes, the State must provide access to out-of-network providers for mental health or substance use disorder benefits. Please assure the following:
The State attests that when determining access to out-of-network providers within a benefit classification, the processes, strategies, evidentiary standards, or other factors used to determine access to those providers for mental health/ substance use disorder benefits are comparable to and applied no more stringently than the processes, strategies, evidentiary standards or other factors used to determine access for out- of-network providers for medical/surgical benefits.
Availability of Plan Information 6.2.7- MHPAEA The State must provide beneficiaries, potential enrollees, and providers with information related to medical necessity criteria and denials of payment or reimbursement for mental health or substance use disorder services (42 CFR 457.496(e)) in addition to existing notice requirements at 42 CFR 457.1180.
6.2.7.1- MHPAEA Medical necessity criteria determinations must be made available to any current or potential enrollee or contracting provider, upon request. The state attests that the following entities provide this information:
State Managed Care entities Both
6.2.7.2- MHPAEA Reason for any denial for reimbursement or payment for
mental health or substance use disorder benefits must be made available to the
enrollee by the health plan or the State. The state attests that the following
entities provide denial information:
State Managed Care entities Both
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-118
Effective Date: [07/01/17] 118 Approval Date____________/20 Section 8. Cost Sharing and Payment (Section 2103(e))
Check here if the State elects to use funds provided under Title XXI only to provide expanded eligibility under the State’s Medicaid plan, and continue on to Section 9.
8.1. Is cost-sharing imposed on any of the children covered under the plan? (42CFR 457.505) Indicate if this also applies for pregnant women. (CHIPRA #2, SHO # 09- 006, issued May 11, 2009)
8.1.1.
Yes 8.1.2.
No, skip to question 8.8.
8.1.1-PW
Yes 8.1.2-PW
No, skip to question 8.8.
Guidance: It is important to note that for families below 150 percent of poverty, the same limitations on cost sharing that are under the Medicaid program apply. (These cost- sharing limitations have been set forth in Section 1916 of the Social Security Act, as implemented by regulations at 42 CFR 447.50 - 447.59). For families with incomes of 150 percent of poverty and above, cost sharing for all children in the family cannot exceed 5 percent of a family's income per year. Include a statement that no cost sharing will be charged for pregnancy-related services. (CHIPRA #2, SHO # 09-006, issued May 11, 2009) (Section 2103(e)(1)(A)) (42CFR 457.505(a), 457.510(b) and (c), 457.515(a) and (c))
8.2. Describe the amount of cost-sharing, any sliding scale based on income, the group or groups of enrollees that may be subject to the charge and the service for which the charge is imposed or time period for the charge, as appropriate. (Section 2103(e)(1)(A)) (42 CFR 457.505(a), 457.510(b) &(c), 457.515(a)&(c))
8.2.1. Premiums:
None. Effective April 15, 2002, Virginia temporarily suspended premiums
until further notice. Effective September 1, 2002, the FAMIS program no
longer charges premiums.
8.2.2. Deductibles:
None.
8.2.3. Coinsurance or copayments:
Co-payments shall not be imposed on any of the children covered under
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-119
Effective Date: [07/01/17] 119 Approval Date____________/20 the Secretary-approved coverage offered through fee-for-service.
In Secretary-approved coverage modeled after the state employee plan, no co-payments are required for well-baby and well-child and other preventive services. Effective 7/1/10, no co-payments are required for pregnancy-related services. Effective 7/1/19, no co-payments are required for outpatient mental health and substance use disorder services.
Copayments for Secretary-approved coverage modeled after the state employee plan are:
Description of Service 150% FPL > 150% FPL Outpatient $2 per visit $5 per visit Prescription Drugs $2 per prescription $5 per prescription Inpatient $15 per admission $25 per admission Non-Emergency use of Emergency Room $10 per visit $25 per visit Poverty Levels 150% FPL > 150% FPL Maximum Yearly Co-Payment Limit Per Family
$180
$350
Income levels are provided as a percentage of Federal Poverty Level (FPL) based on gross income.
Total cost-sharing for each year (or 12-month eligibility period) is limited to: (1) for a family with an annual income equal to or less than 150% of the FPL, the lesser of (a) 2.5% of a family’s income, and (b) $180.00; and (2) for a family with an annual income greater than 150% of the FPL, the lesser of (a) 5% of a family’s income, and (b) $350.00.
The co-payment and coinsurance maximums are set at thresholds that are well below the maximum allowable per CMS for families with annual incomes equal to or below 150% of FPL and for those with annual incomes above 150% of FPL. The maximum yearly co-payment limit for families in FAMIS with annual incomes at or below 150% FPL is $180.00 per year. Families enrolled in FAMIS and receiving benefits through FAMIS contracted health plans are advised of the amount of maximum allowable cost-sharing that they may be responsible for during the year. Families are required to submit documentation to DMAS or its contractor, showing that the co-payment cap is met for the year. Once the cap is met, DMAS or its contractor will issue a new card excluding
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-120
Effective Date: [07/01/17] 120 Approval Date____________/20 families from paying additional co-pays.
Enrollees are not held liable for any additional costs, beyond the standard co-payment amount, for emergency services furnished outside of the individual’s managed care network. Only one co-payment charge is imposed for a single office visit.
The proposed cost sharing caps to be applied toward copayments and/or coinsurance ($180 and $350) were included in the Plan document.
No cost-sharing will be charged to American Indians and Alaska Natives.
8.2.4. Other
None.
8.3. Describe how the public will be notified, including the public schedule, of this cost- sharing (including the cumulative maximum) and changes to these amounts and any differences based on income. (Section 2103(e)((1)(A)) (42 CFR 457.505(b))
The public is notified of FAMIS’ cost-sharing requirements, including differences based on income and plans, in the outreach and enrollment materials including: The DMAS and Cover Virginia websites; FAMIS Member Handbook; Managed care organization member handbooks; and Outreach grantees. The public also has the opportunity to become involved during the regulatory process. Implementing regulations must go through a mandatory 60-day comment period consistent with the Code of Virginia. The Children’s Health Insurance Program Advisory Committee (CHIPAC) provides an opportunity for public education and input.
Effective April 15, 2002, Virginia temporarily suspended premiums until further notice. FAMIS families were notified by letter, informing them of the suspension of premiums and copies of such letters were posted on the DMAS web site. Effective September 1, 2002, the FAMIS program no longer charges premiums.
Guidance: The State should be able to demonstrate upon request its rationale and justification regarding these assurances. This section also addresses limitations on payments for certain expenditures and requirements for maintenance of effort.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-121
Effective Date: [07/01/17] 121 Approval Date____________/20
8.4. The state assures that it has made the following findings with respect to the cost sharing in its plan: (Section 2103(e))
8.4.1. Cost-sharing does not favor children from higher income families over lower income families. (Section 2103(e)(1)(B)) (42 CFR 457.530) 8.4.2. No cost-sharing applies to well-baby and well-child care, including age- appropriate immunizations. (Section 2103(e)(2)) (42 CFR 457.520) 8.4.3. No additional cost-sharing applies to the costs of emergency medical services delivered outside the network. (Section 2103(e)(1)(A)) (42 CFR 457.515(f))
8.4.1- MHPAEA There is no separate accumulation of cumulative financial requirements, as defined in 42 CFR 457.496(a), for mental health and substance abuse disorder benefits compared to medical/surgical benefits. (42 CFR 457.496(d)(3)(iii))
8.4.2- MHPAEA If applicable, any different levels of financial requirements that are applied to different tiers of prescription drugs are determined based on reasonable factors, regardless of whether a drug is generally prescribed for medical/surgical benefits or mental health/substance use disorder benefits. (42 CFR 457.496(d)(3)(ii)(A)) Not applicable.
8.4.3- MHPAEA Cost sharing applied to benefits provided under the State child health plan will remain capped at five percent of the beneficiary’s income as required by 42 CFR 457.560 (42 CFR 457.496(d)(3)(i)(D)).
8.4.4- MHPAEA Does the State apply financial requirements to any mental health or substance use disorder benefits? If yes, specify the classification(s) of benefits in which the State applies financial requirements on any mental health or substance use disorder benefits.
Yes (Specify: inpatient, emergency, pharmacy) No Guidance: For the purposes of parity, financial requirements include deductibles, copayments, coinsurance, and out of pocket maximums; premiums are excluded from the definition. If the state does not apply financial requirements on any mental health or substance use disorder benefits, the state meets parity requirements for financial requirements. If the state does apply financial requirements to mental health or substance use disorder benefits, the state must conduct a parity analysis. Please continue below.
Please ensure that changes made to financial requirements under the State child health
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-122
Effective Date: [07/01/17] 122 Approval Date____________/20 plan as a result of the parity analysis are also made in Section 8.2.
8.4.5- MHPAEA Does the State apply any type of financial requirements on any medical/surgical benefits?
Yes No Guidance: If the State does not apply financial requirements on any medical/surgical benefits, the State may not impose financial requirements on mental health or substance use disorder benefits.
8.4.6- MHPAEA Within each classification of benefits in which the State applies a type of financial requirement on any mental health or substance use disorder benefits, the State must determine the portion of medical and surgical benefits in the class which are subject to the limitation.
The State assures it has applied a reasonable methodology to determine the dollar amounts used in the ratio described above (Section 6.2.5.2-MHPAEA) for each classification or within which the State applies financial requirements to mental health or substance use disorder benefits. (42 CFR 457.496(d)(3)(i)(E))
Guidance: Please include the state’s methodology as an attachment to the State child health plan.
8.4.7- MHPAEA For each type of financial requirement applied to any mental health or substance use disorder benefits within a given classification, does the State apply the same type of financial requirement to at least two-thirds (“substantially all”) of all the medical/surgical benefits within the same classification? (42 CFR 457.496(d)(3)(i)(A))
Yes No Guidance: If the State does not apply a type of financial requirement to substantially all medical/surgical benefits in a given classification of benefits, the State may not impose financial requirements on mental health or substance use disorder benefits in that classification. (42 CFR 457.496(d)(3)(i)(A))
8.4.8- MHPAEA For each type of financial requirement applied to substantially all medical/surgical benefits in a classification, the State must determine the predominant level (as defined in 42 CFR 457.496(d)(3)(i)(B)) of that type which is applied to medical/surgical
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-123
Effective Date: [07/01/17] 123 Approval Date____________/20 benefits in the classification. For each type of financial requirement applied to substantially all medical/surgical benefits in a classification, the State assures:
The same reasonable methodology applied in determining the dollar amounts used in determining whether substantially all medical/surgical benefits within a classification are subject to a type of financial requirement also is applied in determining the dollar amounts used to determine the predominant level of a type of financial requirement applied to medical/surgical benefits within a classification. (42 CFR 457.496(d)(3)(i)(E))
The level of each type of financial requirement applied by the State to mental health or substance use disorder benefits in any classification is no more restrictive than the predominant level of that type which is applied by the State to medical/surgical benefits within the same classification. (42 CFR 457.496(d)(2)(i))
Guidance: If there is no single level of a type of financial requirement that exceeds the one-half threshold, the State may combine levels within a type of financial requirement such that the combined levels are applied to at least half of all medical/surgical benefits within a classification; the predominant level is the least restrictive level of the levels combined to meet the one-half threshold. (42 CFR 457.496(d)(3)(i)(B)(2))
8.5. Describe how the state will ensure that the annual aggregate cost-sharing for a family does not exceed 5 percent of such family’s income for the length of the child’s eligibility period in the State. Include a description of the procedures that do not primarily rely on a refund given by the state for overpayment by an enrollee: (Section 2103(e)(3)(B)) (42CFR 457.560(b) and 457.505(e))
Virginia has structured the cost sharing levels to make it highly unlikely that any family will exceed the allowable cost sharing.
Virginia ensures that the annual aggregate cost sharing for all FAMIS enrollees in a family does not exceed 5% of a family’s income as required by §2103(e)(3)(b) of Title XXI. Co-payments are capped at levels that are extremely unlikely to exceed the upper limit. Total cost-sharing for each year (or 12-month eligibility period) is limited to: for a family with an annual income equal to or less than 150% of the FPL, the lesser of (a) 2.5% of a family’s income or (b) $180; and for a family with an annual income greater than 150% of FPL, the lesser of (c) 5% of the family’s income or (d) $350. In 2018, the federal poverty level for a family of one is $12,140: 5% of that amount is $607 and 2.5% of that amount is $304. Virginia’s cost-sharing caps are well below these amounts and are designed not to exceed 2.5% or 5% of a family’s income, respectively.
(spa)(va-18-0016)(approval-package)Virginia CHIP SPA VA-18-0016: Approval Package (approved November 7, 2018, effective November 1, 2018)#
(spa)(va-18-0016)(approval-package)(page-1)Page 1#
_____________________________________________________________________________ Table of Contents State/Territory Name: Virginia State Plan Amendments (SPA) #: VA-18-0016 This file contains the following documents in the order listed: 1) Approval Letter 2) Companion Letter 3) Approved SPA Pages
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DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services 7500 Security Boulevard, Mail Stop 32-07-'16 Baltimore, MD 2'1244-1850 Children and Adults Health Prosrams Groun urs ctNttRs foR MtDtcÂnt & MFDrctrD sEnvrc[s CENIIN fON MEDrc/UD & CHIP SIRVICES NOv I 4 2010 Cindy Olson Director Eligibility and Enrollment Services Division Virginia Department of Medical Assistance Services 600 East Broad St, Suite 1300 Richmond, VA 23219 Dear Ms. Olson: I am pleased to inform you that your title XXI Children's Health Insurance Program (CHIP) state plan amendment (SPA) VA-l8-0016, submitted on July 24,2018, with additional information provided on November 8, 2018, has been approved. The SPA has an effective date of November l,20lg. This SPA proposed to revise the state's paper and online applications, and amends the provisions related to eligibility determinations made by the Federally Facilitated Exchange (FFE). Virginia will begin accepting CHIP eligibility determinations made by the FFE. A copy of the approved CS24 state plan page is attached to be incorporated into the current CHIP state plan. On October 9,2018 and November 7, 2018, the state received approval for the same type of amendments under Medicaid SPAs VA-I8-001I and VA-I8-0015. As indicated in a companion letter to the approval of VA-18-0015, the state's online application will need to be revised. A similar companion letter is attached to this approval. Your title XXI project officer is Ms. Joyce Jordan. She is available to answer questions concerning this amendment and other CHlP-related issues. Ms. Jordan's contact information is as follows: Centers for Medicare & Medicaid Services Center for Medicaid and CHIP Services Mail Stop: S2-01-16 7500 Security Boulevard Baltimore, MD 21244-1 850 Telephone: (a10) 786-3413 E-mail: Joyce.Jordan@cms.hhs. gov Official communications regarding program matters should be sent simultaneously to Ms. Jordan and to Mr. Francis McCullough, Associate Regional Administrator (ARA) in our Philadelphia Regional Office. Mr. McCullough's address is:
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Page 2 - Ms. Cindy Olson Centers for Medicare & Medicaid Services Philadelphia Regional Office Division of Medicaid and Children's Health Operations The Public Ledger Building, Suite 216 150 South Independence Mall West Philadelphia, PA 19106 If you have additional questions, please contact Amy Lutzky, Director, Division of State Coverage Programs at ( 410) 786-0721. We look forward to continuing to work with you and your staff. cc: t-:1 Anne Marie Costello Director Mr. Francis McCullough, ARA, CMS Region III, Philadelphia /signed Anne Marie Costello/
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DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services 7500 Security Boulevard, Mail Stop 32-01-16 Baltimore, MD 21244-1850 Glvts ctNttRs roR MtDtcA[t & MtDtcAtD sERvtcts CÉNTER FOR MEDICAID & CHIP SERVICTS Children and Health Proerams Nov | 4 20t8 Ms. Cindy Olson Director Eligibility and Enrollment Services Division Virginia Department of Medical Assistance Services 600 East Broad St, Suite 1300 Richmond, VA 23219 Dear Ms. Olson: This letter is being sent as a companion to the Centers for Medicare & Medicaid Services (CMS) approval of Virginia's title XXI Children's Health Insurance Program (CHIP) state plan amendment (SPA) VA-I8-0016, which was submitted on July 24,2018. Our review of this submission included a review of the paper and online applications. The approval of VA-18-0016, includes approval of the state's revised paper application only. The online application will need to be revised to reflect the following changes. The respective changes are identical to those that were requested in the companion letter to Medicaid SpA VA- l8-0016. CMS will monitor the state's progress toward completion of the individual milestones notcd in thc table below. Necessary changes: Date by which changes will be completed: 1 The state will add Agent/Broker back into the list of who is completing the application. March 31,2019 2 The state will add a marital status question to the "About You" screen with response choice of otyestt or "no" March 31,2019 ^J The state will remove/revise the help text defines "Illegal Alien" at page 10. The definition includes "those who have entered the country by other means, or stayed beyond the time allowed on a visa." March 31,2019 4. The state will provide guidance in the application or instructions and provide a link to SSA.gov if an applicant needs help gettins a SSN. March 31,2019 5 The state will revise the Citizenship Information question so that applicants are asked if are a US citizen or national. March 31,2019 6 The state will add the following immigration statuses to the listing in the Citizenship tnformation section of the application: Parole less than one year, Individual with non-immigration status, Applicant for Victim of Traffrcking. March 31,2019
(spa)(va-18-0016)(approval-package)(page-5)Page 5#
Page 2 - Ms. Cindy Olson Necessary changes: Date by which changes will be comDleted: 7 The state will change the following non-citizen categories to be consistent with terms frequently used to describe certain non-citizen categories: 1) "Native Americans" to "Member of a federally- recognized Indian Tribe or American Indian bom in Canada. 2) Recommend changing: "Spouse child sibling of trafficking victim to "Victim of Trafficking and his/her spouse, child, sibling or parent" (better to include these together beginning with "Victim of Trafficking", since it is in alphabetical order), 3) Change 'þermanent resident Alien" to "Lawful Permanent Resident (LPR /Green Card Holder)" Ma¡ch31,2019 8 The state, in order to the incorrect denial of applicants who may other otherwise be eligible if the applicant selects "other" from the dropdown menu will update the language contained in the SSN dropdown menu to mirror the exception to not providing a SSN at 42 CFR $435.910(h), and take the following action: l.) An interim business process will be issued. This process allows DMAS and state DSS to communicate the issue to all local DSS workers and will instruct them: a.) If an applicant makes this selection and would otherwise be eligible for coverage then the worker should override the denial (with supervisor review and approval); b.) If an applicant selects "other" and also requires additional verification (i.e. income), the worker will pend the application to provide information to determine what the "other" reason is as well as the need for other information, and then approve ifall other verifications are received and the applicant would otherwise be eligible; overide the denial, and approve and enroll (with supervisor approval). 2.) DMAS and DSS will wo¡k with the contractor, Deloitte, to implement the rules engine update that this change will require. DMAS has made this issue a priority with Deloitte who has indicated this change will be made within the first quarter of 2019. 3.) DMAS has requested that DSS research and provide data for any applicants that were previously denied for this reason. Once this information is provided, DMAS will formulate a plan moving forward to communicate with the applicants and make any needed corrections. March 3 1, 201 9
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Page 3 - Ms. Cindy Olson Date by which Necessary changes: changes will be comnleted: 9. CMS recommends that the state clarify what "social services" means. March 31, 2019 10. The state will update the former foster care question, since Virginia March 31, 2019 has elected to cover former foster care youth who aged out in other states, "Virginia" will be removed from question 2 to read: "Was XXX enrolled in Medicaid and Foster Care on his/her 18th birthday?" 11. In the Voter Registration section, the state will work with DSS to March 31, 2019 remove the option of "already registered to vote or ineligible to vote". The text which reads "IF YOU DO NOT CHECK EITHER YOU WILL BE CONSIDERED TO HA VE TO DECIDED NOT TO REGISTER TO VOTE AT THIS TIME" will be updated to all caps as indicated in 52 USC section 20506(a)(6)(B) 12. CMS recommends the state include on its application notice of fair March 31, 2019 hearing rights when the agency does not determine eligibility with reasonable promptness within the 45/90 day timeframe consistent with 42 CFR section 435.912(c)(3). CMS is considering developing guidance and states may be required to implement these changes in the future. We continue to be available to provide technical assistance. If you have any additional questions or require any further assistance, please contact your CHIP Project Officer, Joyce Jordan at Joyce.Jordan@cms.hhs.gov or (410) 786-3413. cc: Sincerely, AmyLutzky Director Division of State Coverage Programs Francis McCullough, ARA, CMS Region III, Philadelphia /signed Amy Lutzky/
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CHIP Etigibility State Transmittal Number: VA - l8 - 001ó OMB Control Number: 0938-I 148 Effeclive Date: ñovêmbêr 1. 2018 2102(b)(3) &.2107(eX I XO) ofthe SSA and 42 CFR 457, subpart C .'] The CHIP Agency rneets all ofthe requirements of42 CFR 457, subpart C for application processing, eligibility screening and Ú enrollment. Application Processing Indicate which application the agency uses for individuals applying for coverage who may be eligible based on the applicable rnodified adjusted gross inaome standard: rì The single, streamlined application developed by the Secretary in accordance w¡th section 1413(b)(l)(A) ofthe Affordable u Care Act. M An alternative single, streamlined application developed by the state and approved by the Secretary in accordance wilh â seclion l4lJ(bX IXB) of the A flordable Care Act. An alternative application used to apply for mult¡ple human sewice programs approved by the Secretary, prov¡ded that the I agency makes readily available the single or altemative application used only for insurance affordability proglams to individuals seeking assistance only through such programs. ,'., The agency's procedures permit an individual, or authorized person acting on behalfofthe individual, to submit an applicatiol via Ú the internet website described in CFR 457.340(a), by telephone, via mail, in person and other commonly available electlonic means. The agency accepts applications in the following other electronic means. fl Other electronic rneans: Screen and Enroll Process The CHIP Agency has coordinated eligibility and enrollment screening procedures in place that ale applied at time of initial application, periodic redet€rminations, and follow-up eligibility determ¡nations. The procedures ensure that only targeted low- income children ale provided CHIP coverage and that enrollment.is faÇilitated for applicanfs found to be potentially el¡gible for otlrer insurance affordability programs. Plocedures include: m Screen¡ng ofapplication to identify all individuals eligible or potentially eligibl€ for CHIP or other insulance affordability - programs; and sPA# VA-18-0016 ApprovalDate: Nf)v I 4 20t8 Page I of3
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f¡l lncorne eligibility test. w¡th calculation of household income consistent with 42 CFR 457.315 for individuals identified as " potentially eligible for Medicaid or other insurance affordability programs based on household income; and - Screening process for individuals who may qualify for Medicaid on a basis other than having household income at or below the : applicable MAGI standard, based on information in the single streamlined application. Yes Redetermination Processing Fr.r Redeterm ¡nat¡ons ofeligibility for individuals whose financial eligibility is based on the applicable modified adjusted gross u income standard ale psrforrned as follows, aonsistent with 42 CFP. 457 .343: ffi Once every 12 months. =1 Without requiring ¡nformation from the individual if abletodo so based on reliable information contained in the individual's E account or other rnore current information available to the agenoy. Ifthe agency cannot determine eligibility solely on the basis ofthe information available to it, or otherwise needs additional E information to complete the redetermination, it provides the individual with a pre-populated renewal form containing the information already available. Screening by Other lnsurance Affordability Programs The CHIP Agency provides assurance that it has adopted procedures to accept and process electronic accounts of individuals screened as potentially eligible fot CHIP by oth€r insurance affordability programs in accordance with the requirements of42 CFR 457.348(b) and to dctcrminc cligibility in accordancc with 42 CFR 457.340 in thc samc manner as if the application had been submitted directly to, and processed by the state. The CHIP Agency elects the option to accept CHtP eligibility decisions made by the Exchange or other agenc¡es administering insurance affordability programs as provided in 42 CFR 457.348 and to fumish CHIP in accordanae \ryith requirements of42 CFR 457.340 to the sarne extent and in the same manner as ifthe applicant had been determined by th€ state to be eligible for CHIP. Check all Insurance Affordability Programs that apply: ffi The Exchange X Medicaid f] Other Insurance Affordability Program ,-, The CHIP Agency has entered into an agteement with agencies administering other insurance affordab¡l¡ty programs to fulfill the l!-l requirements of457.348(b)and will provide this agreement to the Secretary upon request, The CHIP agency has entered into an arrangement with the Exchange to make eligibility determinations for advanced premium tax credits in accordance with section 1943(bX2) ofthe SSA. CHIP Eligibility Effective Datei November l,2018 Page 2 of 3 sPA# VA-19-0016 ApprovalDatel Nov I 4 2018
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CHIP Eligibility PRA Disclosure Statement According to the Paperwork Reduct¡on Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control numberforthis information collection is 0938-1148. The time required to complete th¡s ìnformation collection is estimat€d to average 50 hours per response. including the time to review instructions, search existing data resources, gather the data needed, and complete and review the infolmation collect¡on. lfyou have comments concerning the accuracy of the t¡me estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Repoús Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850. v 20160722 Eíective Date: November l,2018 sPA# VA-'1 8- 001 6 Approval Date: NoV I ¡r 2018 Page 3 of3
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l.-"-lr"P \ìäviå nrnc¡Hr¡ r1,,.dr.rr'Ìli n! tr, iìiñb*! qlrr rì'rrff, Application for Health Coverage & Help Paying Costs |Ël NEËD HELP WITH YOUR APPLICAIION? Visit the Cover Virginia website ar ç..'o_V_efya,O.f.g or ca us at t-E5S.242.8282. p¿ra obrener v una copia de este forr¡ulario e¡ Ëspañol, l¡ame l-855-24 2.8282. lfyou need help ¡n a ìanguage other than English, call 1-855-242-8282 and orrorr1t;,, ,,tu .r.,o.er servjce representalive lhe language yoruUld ItE T0jft n"'O ", "o cosr ro you. TTY users shou¡d ca 1-B8E-221-159!. oz )¿ (-) F-- IAq' 1ïþ
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ñ0, \¿glilylu^llh", ,.., (We need one adult in the family lo be the contåct person for your application.) '1. First name lvliddle nanle 2. Home address (Leave blank iF you don't have one,) Lasl name NU (rTn)L ìn Suflix 3. Apartmenl or suife number 9. AparLrnent or suite number 4. City L 7. County 10. City ôddress) fl cell ohone number (Choose one) 13. County 4. (t rtf-ì) t,,,1-'I'-l- Ll,r_It 16a. We need to know the best way to conta(t you about this application and your he¿lth coverage rf you're eligible. Do you want to read your notices about yoùr âpplication electronically? lf Yes. I want to read the notices onl¡ne. (lF selected, corìti¡rue to the next question) fJ No. I wa¡t to get paper notices senl to me in the mail. b. You'll be contacted when a notice is ready lor you on this websi¡e. How ca¡r we contact you? n Email address c. You can change your notices and communi.ation preferences at any t¡me. Cell phone or email addressl 5. State t,fJ 6. ZIP code 1 1. State tll 12.ZlP .ode 17. What ¡s your preferred spoken or writte¡ la¡guage (if not Engl¡sh)? Tell us about your family Who do you need to include on this application? Tell us aboul all the family members who live w¡th you. lf you file taxes, we need to know about everyone on your tax return. (You don't need to file laxes to get he¿ìth coverage). DO lnclude: . Yourself . Your spouse . Your children under 21 who live with you . f.4arried or unmarried parents (of a child under 21 ) living in the home . Anyone you include on your tâx return, even if they don't live with you . Anyone else under 2'l who you take care ofand l¡ves with you You DON'T have to include: Your unmarried parlner if you don't have chíldren together in the home Yuur urìnl¿lr r jed pärLner'5 clìildren Your parents who live with you, but file their own tax return (if you're over 21 ) Other adult relatives who file lheir own tax return The amount of assistance or type of program you qualify for depends on the number of people in your family and their incomes, This information helps us make sure everyone gets the best coverage they can, Complete Step 2 for each person ¡n your family. 5fârt with yoursell then add other adults and children. lfyou have more than 2 people in your family, you'll need to include copies of the Additional Person single page supplement form and attach them. You don't need to provide immigration status or a Social SecuÍity Number (sSN) for family members who don't need health coverage. We'll keep all lhe information you provide private and secure as required by law. We'll use personal information only to check if you're eligible for health coverage. @ NEED H ELP WITH YOUR APPLICATION? V¡sit the Cover Virginia website ãt qo-v-gfya=Qf€ or cðll us at 1.855-242-8282. Para obtener una copia de este formulario en Español, llame 1-855-242-a282, lf you need help in a ¡anguage other than English, call 1-855-242-8282 and tell the customer service representaljve the language you need. We'll get you help at no cost to you. TÍY users should call t-888.221.1590. 07 /01/18 Pãge 1 of8
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@ (st"rt*ithyourr"lf) Cornplete Slep 2 for yoursell, your spouse and children who live wilh you and/or anyone on your s¿me federal income tax retufn ifyou lile one. lnclude l)oth parents living in the home (for a chifd under 2'l). see page 1 for ¡¡ore information about who to i¡clude. lf you don't file a tax return, remember lo still add lamily members who live with you, 'l. First name M¡ddle name Lôst name 5ullrx 3. Date ofbirth '---.- l'¡l!ã-.-'- .' ""'-"" l t. Rei.,rionship ro youT llvar. lre,nare ls¡lr l--llr rT'lr s. social security nu mu"r tssU l- I- I _] -f"l_l We need th¡s if you want health coverãge and have ãn ssN. Even if you don't want health coverage for yourselt providing your SSN can be helpfLrl since it can speed up the appl¡cal¡on process, We use SSNs to check in(ome afìd other inlbrm¿tion to see who's eligible for help with health coverage costs. For help getting an SSN, call 1-800'772-1213 or visit S-OçiAlãer-Wity.gov" TTY users should call 1-800-325-0778. 6. Oo you plãn to f¡le ã federâl ¡ncome tax return NEXT YEAR? (YoLr can st¡ll appt for health insur¿nce even ifyou don't f¡le a federal ¡ncome tax return.) I Yes. lf yes. please ênswer questions a-c. !No. lf no, skip to quest¡on (. a. Willyou file jointly with a spouse? !Ves nno lf yes, n¿me ot spouse: . .. . I b. Willyou claim any dependents on your tax return? EYes nNo lf yes, list name(s) of dependentsl c. Will you be claimed as a dependent on someone's tax return? ! ves [ ruo lf yes, l)le¿se list lhe n¿me of lhê l¿x filer: .._ How ar e you I elated to the lax filer¿ 7. Are you pregnan t or were you preg¿nt in the last 60 days? ! ves [ruo a. lf yes, how many babies are expected during pregnancy E Expected due date 8. Do you need health coverage? (Even ¡fyou have l\4edicare o[ other ínsuran(e, there m¡ght be a progr¿m with better coverage o[ lower costs.) lf NO, skip to the ¡ncome questions on page,3 and leave the rest of thls page blank. Õ . vEs. tfyes, answe. a', ,na qrarr'on, o",o*. Q Bâ, or l0, AT.y.9y e.9,:: filti9t 9t 9,-s,: t-9!i9-t9ll.F Yg:- -F l!.9 1i. lf you aren't a U.S, citizen or U.S. national, do you have eligible immrgration status? E Yes. Fill in your document type and lD number below. ð. immigration document lype b. Document lD number c. Have you lived in lhe U.S. since'1996? lves I t':o d. Are you, or your 5pou5e or parent a veteral or an active-duty member of the U.S. mrlitâry? flYes ! No E Y!s, lf under 19 or over 64 and not eligible for Full coverage, do you wistì to tJe evaluated l"or Plarì Fiist (f¿r¡nily plänriiÍB coverage only)? ! trto, lf you are age 19 ro 64and are noteligible for full coverage, you will be evaluated For Plan Flrst (famlly plallnlng coverage only) {rnless you check NO. 12. Do you live with at least one child under the ãge of 'l 9, ônd âre you the m¿in person taking care of this cfr¡l¿U E Ves [ ruo 'l3.Areyou incarcerated (detained orjailed)? !yes [ruo ncheck here if pending disposition of charges 14. Arevou a full-time student? !Yes fl No lfYes n Federal nstate (DOC or DJI) ! Locôl/Regional Expected retease date [-n / ff] / Inj-j 1 5. Were you in foster côre al age 1 8 or older¡ !Ves !lo lf yes, in wlìich state - 16. lf H¡spanic/Lat¡no, ethniciry (OPTIONAl-check âll that apply.) l-l Mex¡can fì fvlexican American n Chicano/a ¡ Puerto Rican !cuban I orher 17. Race (OPTIONAL-check all that apply.) trü Black or Afric¿n fl Âr¡ericân Lndiân orAl¿ska Nalive Chinese Korean OtherAsi¿n Native Hawaiian ¡¡!fl Guamanian or Ch¡morro Samo¿n Other Pacìfic lslander nü c¡ N EED H ELP WITH YOUR APPLICAf ION? Visit the cover virSinja website ar ç-qv_erva,9r.g or ca[ us ar l-855-242"8282. para obtener 17 una cop¡a de este formul¿rio en Español, llame 1-855-242-8282. lf yoù need help in a languagè other rhan English, call 1-855 -242-8282 and tell the customer service representative the language you need. we'll get you help at no cost to you. TTY users sho(lld calt 1-888-221-1590, O7/O1/1A Pðge 2 of8
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W ligltinye yv¡ttr yourselO CurrentJob & lncome lnformation ¡ Employed I Not employed ! self.employed lf you're currently employed, tell Sk¡p to question 28. Skip to question 27. us âbout your income. Start with '18. question CURRENT B1 na me (r--r'n)Li_]-j b, 20. Wages/tips (before laxes) !Hourly IWeekly nEvery2weeks $l-1-f-I I I I !rwiceamonth !vonthty Ivearty CURRENT B 2: (rr fJ twice a month n anrl need mofe attâch ¿nother sheet ol a, 21. Average hours worked êach WEÊK )r l-r..r 25. Average hours worked each WEEK tt't I name City zip (before laxes) n Hourly ! Weekly lll rvery 2 weeks 24. $ 26. lnthepâstyear,d¡dyou: !change jobs EStopworking flstarl working fewer hoL¡rs flNoneof these c. tT._:l d. zip c. Slåte tl I 27. lf self-employed, answer the follow¡ng questionsi a. Type ol work b. How much net income (profits once business expenses are paid) willyou get from this sel[-employment this monlh? $ ll-l- tl-."l--t 28.OTH¡RINCOMETHISMONTH:Checkallthalapply,andgivetheamountândhowoflenyouget¡1. Checkhereif none! NOTE: Yor¡ clon'l need to tell us aboul (hild supForr, veteran's pâymênt, or srrpplementâl 5ecûrity lnrome (SSl). ! Unemployment $ E Pensions $ Esoriafsecurity $ flRetirement accounts $ How often? ---...-----.-.--.. How often? - How often? - How often?............................ How often? -.-..---..---.---- liow often? - .--.--- How often? ----- How often? .... -......... - E Alirnony received ¡ Net fârming/fishing n Net rental/royalty n other ¡ncome ïype _ 29. Do you wãnt he¡p p¿yrng for medical bills f[om lhe last 3 monlhs? !Yes ! No lfyes, provlde monthly income [or previous 3 months. Month 1i $ î\,4onlh 2r $ N,4onth 3: $ 30. DEÞ UCTIONS: check all rhat apply, and Bive the amount and how often you get it. lf you pay for certain lhings th¿l can be deducted on a federa¡ ¡ncome tax return, telling us about them could make the cost ol health coverage a ¡ittle lower. NOTÊ: You shouldn'l include a cost that already consìdered in your answer to ¡et self-employment 27b). n Alimony paid How often? -----.-----.-.---...-... lf other deductions How often? nstudentloan rnterert Sf I I l - I uow often? ,....-.......-.................. ... 31. YEARLY I NCOM E: complete only ¡f your inçome changes from month to month. lf you don't expectchantes to your monthly ¡ncome, sk¡p to the next person. 0 Your tolal income this year $ t T[ITT_-] lotal income ¡ext year (ii you think it will be different) $fT_TTTTI THANKS! This is all we need to know about you. NEED HELP WITH YOUR APPLICATION? Visit the cover Virginia website at ç9-v-e,rva.9-r.8 or call us at l-855-242.8282. Para obtener una copia de este formulãr¡o en Español, llôme tA55-242-A2a2. É you need help in a lânguage other than English, call l-855-242-E282 and tell lhe customer service representative the language you need. We'll getyou help at no cost to you, TTY users should call 1.888-221-1590. @ 07 /01/1A Page 3 ofB
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W Xl;".1iîî"ï::".'å: i::: ff : oi:"T.' " o *". ."' t "* *' "' oo o n'"*''" ^" "'' *" Complete Step 2 for your spouse and children who live wilh you and/or anyone on your same federal income tax return if you file one. lnclude both parents living in the home (for a child under 2'1). see page 1 for more information aboul who to ìnclude. ìfyou don't file a tax return, rememberto stillôdd lamily members who live with you. 1. First name Nliddle nanìe .i. oãiÀ òt ¡'itrr rürülä ¿iwwi Last name Süffìx 2 to you? |] ]/[t ]/ 5. Social Securìly nurlìber (5SN) We need this ¡f you want n N¡ale n Femate 2 has an SSN. 6. Does PERSON 2 live at the same add ress ¿s you? E Ves !llo ôddressl 7. Does PERSON 2 plan to file a federal income tax return NEXT YEAR? (Yoù can stifl apply for he¿lth insu¡a¡ce even if PERSON 2 doesn't file ¿ federaf ¡ncome tax return.) n YEs. lf yes, please answer questions a-c. n NO. lf no, skip to question.c. a.Will PERsoN2file jointly with a spouse? nyes ! t'¡o lfyes, name ofspouse: b. Will PERsoN 2 claim any dependenls on hís or her lax returnT []ves n ruo lf yes, list namÞ{s) ol dependenrs: ..Will PËRsON 2 be claimed as a dependent on someone's lax return? ! Yes nNo lf yes, please list the name ol the tax filer: ....-...-...-...- How ìs PERSON 2 related to the tax filer? 8. ls P ERSoN 2 pregnant? or were they pregnan t in the lôst 60 days? n Yes ENo a. :fves, how manv babies are expeated dLrring this pregnancv? E¡pected due date: .. .... 9. Does PERSON 2 need health coverate? (Even íf Person 2 has l\,4edicare or othe¡ insul'ance, there mjghl be a program with better coverage or lowe¡ cosfs.) lf NO, skip to the ¡ncome questions on page 5 and leave the rest of th¡s page blank. o llJ YÉs. tf yes, answer all the questions below. g 9a! Y¡S, lf under 1 9 or over 64 and not eligible for full coverage, f]NO. lf PERSON2¡sãge19to64andisnoteligiblefo[full coverage, does PERSON 2 wish to be ev¿lualed for Plan First (family PERSON 2 will be evaluated for Plan F¡rst (family pìanníng coverage planning coverage only)? Lf only) unless you check No. problcnr? Ycs ¡ No n lf PER!.oN 2 i:j 65 or Lìldor Of lì¿s Mcdr(¡rc, pte¿sc (omplcrc ADp{ìrldix l:ì. 11. ls PERSON 2a U.S.citizen orU.S. nationalZ DVes n¡lo 12. lf PERSON 2 isn't a U.S. c¡t¡zen or U.S. nôtional, do they have eligible ¡mm¡gration status? ! Yes. Fiìl ìn their document lype ar'ld lD number below. a. Document type b. Document lD number c. Has PERsoN 2lived in the U.S. since 19961 nVes n lo d. ls 2, or their spouse or parent a veteran or ¿n active- duty member in the U.s. military? ìl yes fJ t¡o 13. ls Person 2 living with ät least one chilcl underage19andfhemainpersontakingcareofthischild? ¡ 14. Was PERSON 2 in foster care al age 18 or older? n yes n ruo lf yes, ¡n which state 15. ls PÊRSON 2 incarcer¿ted (detained orjailed)? nYes E No jCheck here if pendìng dispos¡t¡on of charges lf Yes E Federal n State (DOC or DJJ) Locàl/Regional Expected release date 16. ls PERSON 2 a full-nme stude¡¡? [yes nruo 17. lf H¡spanic/Latino, ethnic¡ty (OPTIoNAL-check all that apply.) ! f\4exican n Mexican Amerìcan !chicano¡a !Puerto Rican !cuban nother- 18. Race (OPTIONAL-check all that apply.) n white ! Americar] lndian or Alaska ! Filipino ¡ Bl¿ckorAfr¡can Native ! lapanese Amerícân ¡ Asi¿n lndian ! Korean ! chinese I vìetnamese ! other Asian ¡ Native Hawa¡ian E Guamanian orChamorro fl samoan Other Pa.ific lslânder Other @ Now, tell us about any income from PERSON 2 on the next page. O NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia website al ç_ey-g-_f_Va-efg or call us ¿r l-E55-242-8282. para obtener una copiã de este formufario en Espêñol, llarne fa55-242-A2A2.lf you need help in ã language other than English, call 1-855-242-8282 and tell the customer service represenLative the language you need. We'il Bet you help at no cost to you. TTY users should (all 1-E88.221-1590. 07 /01/1a Pðge 4 of8
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CurrentJob & lncome lnformation [f Employed lf PERSON 2 ¡s currently employed, tell us about their income. Start with question 19, ¡ Not employed Skip to question 29. ! Self-employed Skip to quest¡on 28 22. Average hours worked eacl'ì WEÊK Employer phone number )r--r-l ì 26. Average hoL¡rs worked each WEEK I T t-l CURRENT B1 name b. City 21. Wages/tips (before taxes) nHour¡y n Weekly !Every2weeks $ l-l '.T ^f- T- T--l L rwice a monrh ¡ Monthty ! yearty CURRENT JOB 2: (tf PERSoN 2 has more jobs and needs more space, attach anothe[ sheet of name a. c. Stale tll 25. Wages/rips (before l¿\es) l]] Horrrly Eweekly ÜEvery2weeks ¡ Twice a month $ 27. ln the pastyear, did PERSON 2: nCh¿nge jobs !stopworking Ú Start working fewer hours {]Noneof these c, State zip code rn 28. lf PERSON 2 is self-employed, answer the following quest¡ons: a. Type of work b. How much net income (profìts once business expenses are paid) will PERSON 2 get from this self-employment this month? $ l--f-l-'l'-fl_l 29. OTH ËR INCOMË THlS MONTH: Check all that apply, and give the amount and how orten PERSON 2 gers it. Check here ir none ¡ NOTE: Yoü don't need lo lell us âhoüt PFRSON 2's child support, veterên's paynrent, or SLlpplemental Security lncome (SSl), ! Unemployment t] Pensions I l\oaral se.lrfllv n Retìrement accounts How often? --------.---- How often? - How often? How oft en? ......................... How often?....--...-.---.-.-.-.- How often? How often? How often?..............-....... n Al¡mony received $ ! Net farm¡ng/fishing $ I Net rental/royalty $ ! other income $ Type _ vonttr t: $ fffff l Month 2: $ 30. Does PERSoN 2 want help päying for medical bills lrom the last 3 months? L,l ves Lltlo lfyes,provrdemoDthlyinconreforlast3nronths, vontt,:' $l'l-I'l' l ì 31. DEDUCTIONS: check all that apply, and give the amount and how often PERsoN 2 gets ¡t. lf PËRSoN 2 pays fbr certain things that c¿n be deducted on a feder-al income tax return, telling us about thetn could m¿ke the cost of health coverage ô little ¡ower. NOTE: You shouldn't include a cosL !Alimony paid $ ! Student loan interest $ already considered in your answer to net n othe. ( self-employmenl (question 28b). I- f _r- 'l r dedu, tiorìs $l I I LiHow often? How often? 32. YEARLY INCOME: Complete only if PERSON 2's income changes from month to month. lfyou don't expect chãnges to PERSON 2's monthly income, skip to the next person. ô next year you be differenl) $ [T I] Ift THANKS! Th¡s is all we need to know about PERSON 2. lf you have more than two people to ¡nclude, complete the Addit¡onal Person single page supplement form. NEED HELP WITH YOUR APPLICATION? Visit the Cover Virgiîia website at ç_q_Ve_r.ya"e.rg or câ us ar l-855.242-8282. para obtener unð copia de este formulario en Español, llame fA55-242-8282.ll you need help in a language other than English, call l-855-242-8282 and tell lhe customer service representative the language you need. We'll get you help at no cost to you. TTY users should c¿ll l-888-221-1590. $ @ o7/o111A Pâge 5 of8
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American lndian or Alaska Native (A|/AN) family member(s) 1. Are you or is anyone in your family American lndian or Alaska Nat¡ve? D lf No, sk¡p to Step 4. E Yes. lf yes, go to Appendix B. Answer these questions for anyone who needs health coverage, 1. ls anyone enrolled in health coverage now from the follow¡ng? nY€S. lfyes,checkthetypeofcoverðgeândwritetheperson(s)'name(s)nexltotheqoveragetheyhave. ¡NO. ! Medtcâid n Plan First E N¡",li.ur" E TRIcARE (Don't check if you have direct care or Line of DùÎy) n Veterans Administration health care programs fJ Peace corps n Federàl Heal(lì lnsur¿n(e I/¿rkelplà.e E Employer insurance -.-..-.---.-.....-.-.-.. Name of health insur¿ncer ......... Policy numberl ls this COBRA coverageZ I ves ! ruo ls this a retiree health planl ! Ves I No n other Name of healLh insurance: Polir y number: .- ls this a l¡mited-benefit plan (like a school ðccident policy)? nves E ¡'to 2. ls ¿nyone listed on this appl¡cation offered health coverage from a job? Check yes even if the coverage is from someone else's job, such as a parent or spouse. nY¡S, lfyes,you'll need lo complete an d include Append ix A. ls this a state employee benefìt plan? !Ves !No n NO, lf no, cont¡nue to Step 5, NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginra website at ç,g!19-{Va,Q.fg or call us at l-E55.242.8282. Para obtener una copiè de este formul¿rio en Español, llame í-A55-242-A2A2,lf you need help in è language other than Ënglislì, call 1-855.242-8282 and lell the customer service representative the lã¡guage you need. we'll get you help at no cost to you. TTY users should call 1-EgE-221-1590, According to the Paperwork Reduction Act of 1995, no persons ¿re required to respond to a collection of informätion unless t displ¿ys ¿ vâlld Otì/B control number. linle (hours o¡ m nutes)lperr€sponse, includrñg the time to review lnstru ctions, search existing data resources, gâther the dat¿ needed, ând complete and review the lnform¿tion collectlon. lf you hâve comments concerning the ¿ccuracy of the rime estimate(s) or suggestìons for ¡mproving th¡s form, pÌeãse write to: CI\¡5, 7500 Security Bo!levard, Attn: PRA Reports Clearance Officer, NlailStop C4,26-05, galtimore, lviarylãnd 21244-1850 ø 07 /o1/1a Påge 6 of8
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Read & sign this application. Renewal of coverage in future years fo make it e¿sier to determine my eligibility for help paying for health coverage in future years, I agree to allow lhe l\¡edicaid or FAI\y'lS programs or the N¡arketplace to use income data, ìncluding information from tax returns, I understand that , will receive notification ofthe outcome of my renewal. I understand that I can opt out at any t¡me. Yes, I consent to the use of e:ectronic income data ìncluding information from tax returns to annually renew my eligibility automatically for the next ! 5 years (the maximum number ofyears allowed), or for a shorter number ofyears: Il4years n3years !2years !1year EDon'tuse information from tax returns to renew my coverage. . l'm signing this applìcation under penalty of perjury which means l've provìded true answers to all the questions on this application to the best of my knowledge, I know that I may be subject to penalties under federal law if I provide false and or untrue information, . I understand that I am authorizing the local Department of Soc¡al Service (LDSS) and the Department of Med¡cal Assistance Services (DN¡AS) to obtain verification/information necessary to deternrine my eligibil¡ty for N/edrcaid or FA|\y' 15. ' I understand lhat N/edicaid and Dl\4AS contractors may exchange information relating to my coverage with LDSS to assist with application, enrollment, administration and billing services. ' I understand that for individuals enrolled in managed care, a premium is pãjd each month to the MCO for the person's coverage. lf the child or pregnant woman is not eligible for FAM 15, FAI\,415 Plus, FAMIS [ilOMS, or Medicaid because I d¡d not report truthful information or failed to report required changes in my family size or income, I may have to repay the monthly premiums paid to the N4CO. I may hâve to repay these premiums even if no medical serv¡ces were received during those mon ths, . I know that I must tell the ìocal Depärtment of Social Services within 10 c¿lendar days if anything chantes and is different than what Iwrote on this application, Ican visit lrfl.vl {,çg-m,mo-nhel0 to report anychanges, I understand that a change in my information could affect the eligibility for member(s) of my household, ' I know that u¡der federal law, discriminalion isn't perÍìilted on the bas¡s of race, color, national or¡gin, sex, age, sexual or¡entation, gender identity, or disability. I can file a complaint of discrimination by visiting u¿Wul,hhs-gavtrcilaff-icçlfile. We need this information to check your eligibility for help paying for health coverage if you choose to apply. We'll check your answers using information in our electronic dalabases and databases from the lnternal Revenue Service (lRS), Social Security, the Departmenl of Homeland Security. and/or a consumer reporting agency. lf the information doesn't match, we may ask you to send us proof, lf anyone on this appl¡cat¡on is eligible for Medicaid . I åm tiving to the l\y'edicaid agency our rights to pursue and get any money from other health insurance, letal settlements, or other third parties. lam also giving to the Medicaid agency rights to pursue and get medical support from a spouse or parent, ' Does any child on this application have a parent living outside of thehome? !ves [ruo . lf yes, I know I will be asked to cooperate with the agency thåt collects med¡cãl support from an absent parent. lf I think that cooperating to collect medical support will harm me or my children, I can tell N/edicaid and I may not have to cooperate. My right to appeal lf lthink N.4edica¡d, FAN4IS or Plan F¡rst has made a m¡stake I can contact them at www.coverva.org or c all l-855-242-8282. lnstructions for filìrìg an appeal will be included on my notice and are also available on the coverva,org website, lf lthink lhe Health lnsurance N4arketplace has made a mistake, I can appeal its decision. To appeal means to tell someone at the Health lnsuTance lvlarketpìace that I think the action is wrong, and ask for a f¿ir review ofthe act¡on, I know that I can find out how to appeal by contacling lhe fvlarketplace at 1-800-318-2596. I know that I can be represented in the process by someone other than myself. N.4y eligibility and other important information will be explained to me. Sign th¡s appl¡cation. The person who t¡lled out Step 1 should sign this application, Ifyou're an aulhor¡zed representative you may sign here, as long as you have provided the information required in Appendix C. Date r I::ì/ t_T] / [:]:l- l-:t Mail completed appl¡cat¡on. lvlail your signed applicatjon to: The local Department of Social Services in the city or county in which you live |e¡ NEED HELP WITH YOUR APPLICATION? visit the cover vifgin¡a website ar ç-qv-enúa,-Qfg or calt us at l-E55-242-8282. para obrenef v unÀ copi¿ de este formul¿rio en Español, Ilame l-855-242-82E2. lf you need help ¡n ¿ language other than Eìrglish, call 1-855-242-a282 atÀ tell lhe customer service representat¡ve fhe language you need. We'll get you help at no cost to you. TTY users should call 1.888-221-1590, 07/01/18 Päs€ 7 of8
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The Ðepartment of Medical Ass¡stance Services compl¡es w¡th applicable Federal civil rights laws and does not discriminate on the bas¡s of race, color, nationâ: origin, age, disability, or sex. SPAN ISH ATENCIÓN: si habla español, tiene a su dispos¡ción servicios gratuitos de asistencia lingüística. Llame al 1-855-242-8282 (TïY: 1 -888-221 -1590). KOREAN +9: Èt=ol= ^18ét^l= 3", Èq IIA ^lHl'^= +Èe 0ltõlA + 1låLltl. 1-8ss-242-8282 (T'ÍY: r-888-22r-1590) ÜoË &stõl] +d^19. VI!TNAM E5E CHÚ V: Néu ban nói Tièng ViÇt, có các d ich vr¡ hô tro ngôn ngrl miên phí dành cho ban. Goi sö 1-855-242-a282 (TTY: 1 -888-221 -'1 590). CHINESE ,,liü:flr+ffifÉ/llltrfl.^+X ,lß¡4ülÊHÉ1+ì"'r'ÉlÉÐt¡lïffi""iÈ'r'',t-sss-242-8282 (TÎY : l-888-221-r s90) " ARABIC ét) L-855-242-8282 é-r Þt ,ul+JL élJ ]¡3li¡ Lilll 'ólcL"JI dl^r: ùlÀ ¡4:lll Jsrl é\-11,',t<lJ :LLj'.L raGALoG .(l -888-221- 1590:g¡ll¡ ¡Jl rtta PAUNAWA: Kung nagsasalita ka ng Tagalog, maaari kang gumâmit ng mga serbisyo ng tulong sa wika nangwalang bayad. Tumawag sa 1-855-242-8282 (TTY: 1-888-221-1 590). FARSI t+ . ¡,i;\ c¡ ¡a l_¡Ä t^:; úljÈ olllJ crJJ'^ (sJrj o)¡*; , 'tt< (J- ,fui( (J-JtÀ ÒLj 1l t<l .4s. JÉ .+-¡Ál c¡h 1--855-242-8282 (TTy: 1-888-221-1590) AMHARIC oltrl.û+ ?",1ç't1,;t- f?f h"'tcï hLrI ?ì.c"rD Àcri.r. .c'cÂ..t'.i1'.; t8 ^,y"1']].P4. fttz'qircPÃt or!, o,Lh,f 0. +1'C ß,ßr¡t.rl' t 855 242 BzSz (¿'òrT;¡ ^,¡4r;'fo.: l-888-22t-159o). URDU Js. ¡.1.¡Ç::-r ¡r..".;..:,L¡- é lr. é jq j é vr i. ,.:r ¿lr e.r.,¡l .--.,i ;St . ..¡lr r¡. r-85 5 -242-8282 (TTY: l -888-221- 1590), (Jré F RENC H ATTENTION; Si vous parlezfrançais, des services d'aide linguistique vous sont proposés gratuitement. Appelez le 1 -855-242-8282 (ATS : 1'888-22 1'1 590). RUSSIAN BHfIMAHtlE: Ec¡Ø Bbr roBopr4Te Ha pyccKoM fl3brKe, To BaMr,qocrynHbr 6ecnrarHsre ycnyrØ nepeBoAa, 3BoHØre 1-a55-242-8282 (reneraü4 n: 1-888-221-1 590). HINDI sqrl{ È qR qrq Gû EM È îl Bìrqò RC g+-a ù wvr rqr+m ùqrS sqq-q Èr 1-855-242-8282 (TTY: 1-888-221-1590) T( Ðiq ñtr GERMAN ACHTUNG: Wenn Sie Deutsch sprechen, stehen lhnen kostenlos sprachliche Hilfsdienstleistungen zur Verfügung. Ruf num mer: 1 -855-242-8282 (TTY: 1 -888-221 -1 590). BENGALI q8{ õ-<F qÊ qfrf' <t{Et, oe{T fiø lRl , 6fr1q F 1IlrEFl EFû qq¡rof qRr+<t ùq-q8 qmt ïof rl \-Bss-z4z-8282 (TTy: s-888-221-1590) I IGBO AKWUKWO: 8 bUrU na ì na-asq lgbo, grq enyemaka asqsg, n'efu, d¡ gi. KpAÇ 1-855-242-8282 (TïY: 1 -888-221 -1 590). YORUBA AKIYESI: Ti o ba soro Yoruba, awon iranlowq iranlçwo ni ede, laisi idiyele, wa fun o. Pe 1-855-242-8282 (TTY: 1 -888-221 -1 590). |Ê¡ NEED H ELP WITH YOUR APPLICATION? visir the cover virsinìa website ar çg,vß.ff3*Çf.g or call usar 1.855.242.8282, pafa obtener Y una (opia de este formulario en Español, llame f-855-242-E282. lfyou need help in a laÍìguage otherthan English, call '1.855 -242-8282 atlc) tell the customer serv¡ce representative the language you need. we'll get you help at no cost to you. TTY users should call 1.E88,221.'t590. 07/01/18 Page E of 8
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APPENDIX A l.rrl¡¡ \ ¿ovER vrR6tNr,{ Health Coverage from Jobs You DoN'T need to answer these questions unless someone in lhe household is el¡gible for health coverage from ajob. Attâch â copy of this page for each job that offers coverage, Tell us about the job that offers coverage. Take the Employer Coverage Tool on the next page to the empìoyer who offers coverage to help you answer these questions. You only need to include this page when you send in your application, not the Employer Coverage Tool. EMPLOYEE lnformât¡on name Employee Social Security nurnber ÊMPLOYER lnformat¡on Tell us about the heafth plan offered by this employer 16. What change will the employer make for the new piãn year (if known)? LIJ Êmployer won't offer health coverdte ! Employer will start offering health coverage to employees or change the prem¡um for the lowest-cost plan available only to the employee thal meets the mi¡limum vâlue standard. * (Premium shoüld reflecl the discount for welfness progrãms. See question 15.) a. How much wittthe emptoyee have to pãy in prem¡ums for thar planl S I i f ' l-'- I- -] I b.Howoften? nweekly !everyzweeks !-fwiceamonth nOnceamonth n euarterly !vearly c. Dãteof chanse (mm td¿twwt: I I-1/f"l--1 Il-.T"-T f l *An employer-sponsored health plan meets the "mrnimum value stãndard" ifthe pl¿n's share ofthe totalallowed benefitcosts covered by the plan is no less than 60 percent of such costs (5ectìon 36B(CX2XCXil) of the lnternal Revenue Code ol 1986) Íl NEED HELP WlfH YOURAPPLICATION?Visitthe Cover Virginia website at (gty_e-r-Vtuç-rg or call L¡sat i-855.242.8292. para obteneruna tt copra de este formular io en Español, ll¿me l-855-242.8282. ¡fyou need help in a l¿nguage other rhan En8lish, call l-855-242-E282 anct tel¡ ll'ìe customer serv¡ce representative the lanBU¿ge you need. We'll get you help at no cost to you. TTY users shoulcl call 1.888-221-1590. 07 /o1/18 13. Are you current'y eligible for coverage oflered bythis employer, orwillyou become eligible in the next 3 months? ÜYes (continue) 13a. lfyou're ìn a wôiting or probatìonary period, when can you enrollrn coverage? (mm/dd/yyj,y) i]-tl rl l / Ll lfl L¡st the names ofanyone else who is eligible for coverage lrom thisjob. ! ruo lstop here and go to Step 5 rn the appfication) Nåme: Name: Name:
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EMPLOYER COVERAGE TOOL l\irj"'' \covËR vrRGNrA Use this tool to help answer questions in Appendix A about any employer health coverage that you're eligible for (even if ifs from another person's job, like a parent or spouse). The information in the numbered boxes below match the boxes on Appendix A. For example, the answer to question 14 on this page should match question 14 on Appendix A. Write your name and Social Secur¡ty number in boxes 1 and 2 and ask the employer to fill out the rest of the form. Complete one tool for each employer that offers health coverage that you're e:igible for. @ EMPLOYEE lnformation The enrployee needs to fill out this sectior'ì nème (Fjrst, L¿sr) @ EMPLOYER lnformation Ask the empf oyer for this ìnforrnation. 13. ls the employee currently eligible for coverage offered by this employer, or wíll the employee be eligible in the next 3 monrhs? n Yes (cont'nue) 134. ll the employee is not eligible today, including as a result of a waiting or probationary per¡od, when is the employee eligible for coverage? - (mm/dd/yyyy) (Continue) D ruo (stop and return this form to employee) Tell us about the heafth plan offered by this employer. Does lhe employer offer a health plan that covers an empioyee's spouse or dependent? ¡Yes. Which people? nspor-rse n Dependent(s) nruo (Go to qLrestion 14) lfthe plan year will end soon and you know th¿l the health plans offered wjllchange, go tp question '16. Ilyou don't know, STOP and return form to employee. 16. What change will the employer make for the new pla¡ year? n Êmployer won't offer heàlth coverage n Employer will stôrt oflering health coverage to employees or change the premium for the lowest-cost plan available only to the employee that meets the minirnum value standard. * (Premium should reflect the drscount for wellness programs. see questjon a, How much w¡ll lhe employee have to pay in premiums for that plan? $ b. Howoften? [J Weekly !Every2weeks nTwjcea month [ìonceamonth üquarterly E vearly c. Date ol change *An employer-sponsored health plan meets the "minimum vafue standard', if the plan,s less fhan 60 percentolsuch costs (Section 36B(CX2XCXii) ofthe lnternal RevenueCode shâre ofthe total allowed beneF¡t costs covered by the plan is no of 1986) & NEED HELP WITH YOUR APPLICATIoN? Visit rhe Cover Virgjnia website a t -ç-av,e_fv,a,efg or call us at 1-855-242.8282. para obter'ìer L¡na copia de este formul¿rio en Esp¿ñol, llame 1-a55-242-A282.lfyou need help in ¿ lanBúage other than English, call 1-855-242-82E2 and tell the customer selV¡ce representative the lanBUage yoû need. We'll get you help at no cost to you. TW users should call 1-8EE-221-1590. 1118 oT to
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APPENDIX B ffi***.,."-". American lndian or Alaska Native Family Member (AI/AN) complete this appendix if you or a family member are American lndian or Alaska Native, Submit this with your Application for Health Coverage & Help Paying Costs. Tell us about your American lndian or Alaska Native family member(s). American lndians and Alaska Natives can get servíces from the lnd¡an Health Serv¡ces, tribal health programs, or urban lndian health programs, They also may not have to pay cost sh¿ring and may get spec¡al monthly enrollment periods, Answer the follow¡ng questions to make sure your fam¡ly gets the most help possible. NOTE| lf you have more people to include, mãke a copy ofthis page and êttach, 1, Nême (First name, Middle name, Lasl name) Last 2. l\¡ember of a federally recognized tribe? 3. Has this person ever gotten a setuìce from the lndian Health Serv¡ce, a tribal health program, or urb¡n lndion hcolth program, or through â reienal from one of these progr¿ms? 4. Cerlai¡ money received may not be counted for lvledícaid, FAt!415 or Plan Fìrsl. List any irlcome (amount and how ofLen) reporled on your application that includes money fr om lhese sourcês: . Per capita payments from a tribe lhat come from natural resources, usage rights, leases, or roy¿lties ' Payments from n¿tural resources, farming, raDching, fishing, lêases, or royalties from Iand designated as fndian trusl land by the Deparrr'ìrent of Intefior (includirìg reservatrons ênd lormer reservations) . f\4oney from selling things that have (ultura¡significance ! ves lf yes, trjbe name !ruo E ves [ruo lf no, is this person eligib¡e to get services f.om the lrìdìan Health Service, trib¿ì heaìth programs, or urban lndian health programs, or through a referral lrom one ofthese programs? lves lno $ t'-T]-T fTt How ollen?- @ NEED HËLP WITH YOUR APPLICATION? Visit the cover Virginia websile at.çgvery-¿,çrg or call us at 1-855-242.8282. para obtener una copi¿ de este formulario en Español, llãme 1-a55-242-8282..lf yoú need help in a language other than English, call 1-855-242-8282. and tell lhe customer service representative the language you need, we'll get you help at no cost to you. TTY users should call l-E88-221-1590 . First N/liddle n ves lfyes, tribe name ! ¡.lo lf no, is this person elig¡ble to get services from the Indian Health Service, lribal heallh programs, or urban lndian health progrâms, or through a relerral from one of these programs? flves n ¡rlo ! Yes n ¡lo $ [I-T-T-T-T-Ì How often?- 07 /01/ 1A
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APPENDIX C ffii \iovrn vrnolru¡ Assistance with Completing this Application You can choose an authorized representative. You can tive a trusted person permission to talk about this application with us, see your information, and act for you on matters related to this application, including Betting information about your application and signing your application on your behalf, Th¡s person is called an "authorìzed representative," lf you ever need to change your aurhorized represenlative, contact the local Department of Social Servìces. lf you are applying for someone other than a spouse or family member, an authorized representative form (Appendix C) must be completed. lf you're a legally appointed representative for someone on this applicatlon, submìt proof with the appl¡calìon. 1. Name of authorized representative (First name, fvliddle name, Last name) 2. Address 3. Apartfient or suite number 6. ZIP 4. City 7. Phone number 5. State 8. Organizalìon name 19. lD number (if ¿ppli(able) Ir I r I r I I I I t-lllj By signing, you allow th¡s person to sjgn your application, get official information about this application, and act for you on all future matters with this agency, 10. Your signature (mm/dd/yyyy) tl-l1/t'-Tl-Tl 1 L Dãre OR ls there anyone else that you would like us to share your information with about your application? 1. I give perrìissiorì [or (name) and/or (organ¡z¿tion n¿me) 2. Address Cily Srate zip 3. Plìone nurnber 4. lD number (if àpplicabìe) to receive eligibility and enrollment information relating to my application/case. I also give the Depa and/or the Department of Ny'edical Assistance Serv¡ces permission to release informalion about this organization. rtment of Social Services application to this person/ 5. Your signãture Dãte fT ] r i t-l--[ fJ For eertified application counselors, navigators, agents, and brokers only. Complete this section if you're a certified application counseìor, navigator, agent, or broker filling out this applicåtion for somebody else. start date (mm/dd/y\,yy) /l TfTl 2. Firsl name, lvl¡ddle n¿me, Last name, & Suffix 3. Organizalion name NPN tl NEED HELP WITH YOUR APPLICATION? Visit the Cover Virginia webs¡te at çpyg.ry.a'efg or call us at f .855.242.8282. Para obtener It una col)i¿ de este formulär¡o en Español, llame 1.855-242 8282. lfyou need help ¡n ¿ lan8uage other lhan English, caf¡ 1-855-242-8282 and tell the customer seruice representative Lhe lan8uage you need. We'll get you help ãt no cost to you. TTY users should call l-8E8-221-1590. 07 /o1/14
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Commonwealth of Virginia Voter Registration Agency Certification lf you are not registered to vote where you live now, would you like to âpply to register to vote here today? (Please check only one) E I am already registered to vote at my current address, or I am not eligible to register to vote and do not need an application to regisler lo vote. ¡ Yes, I would like to apply to regisler to vote. (please fill out the voter registration application form) E trlo, I do not want to register to vole. lf you do not check any box, you will be considered to have decided not to register to vote at this time. Apply¡ng to re8ister to vote or declinìng to register to vote will not affect the assistance or services that you will be provided by thisagency, lfyou decline to registertovote, thisfactwill remain confidential, lf yo u do register to vote, the office whe re your âpplication was submitted will be kept confidential, and itwill be used only for voter registration purposes. lf you would like help filling out the voter registration application form, we will help you. The decision whether to seek or accept help ¡s yours. You nìay fill out the application form in privâte if you desíre. lf you believe that someone has interfered with your right to register or to decline to register to vote, your right ro pr¡vacy in deciding whether to register or in applying ro register to vote, you may file a complaint with Secretary ofthe Virginia State Board ofElections, Washington Building, 1100 Bank Street, Rich m ond, VA 2321 9'3497, phone(804) 864-8901. Applicant Name Signature Date (for agency use only) Voter Registration form completedr Ü Yes ! tlo Voter Registration form given to applicant for later mailing (at applicant's request): ¡ Agency Staff Signature Date ¡c¡ NE E D H E LP WITH YOU R APPLICATION? Visit the Cover Vjrg jnia website at çp-v,eÌva.e.rg or catt us ar 1-855.242-8282. para obrener It u na copia de este formula rio en Español, llame l -855-242 S2E2. lfyouneedhelpinalanguageotlìerthanEnglish,call 1-855-242,a282 and tell the customer service representative lhe langua8e you need. We'll get you help at no cost to you. TTY users should call l-888-221-1590. 07 /01/14
(spa)(va-19-0010)(approval-package)Virginia CHIP SPA VA-19-0010: Approval Package (approved August 29, 2019, effective July 1, 2018)#
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_____________________________________________________________________________ Table of Contents State/Territory Name: Virginia State Plan Amendments (SPA) #: VA-19-0010 This file contains the following documents in the order listed: 1) Approval Letter 2) State Plan Pages
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DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services 7500 Security Boulevard, Mail Stop 32-01-16 Baltinrore, MD 21244-1850 rvts ctNrtRS fot MflIcAR[ & MfDrO{lO SHaVtCtS CENITT TON JìTEDICAID & CHIP SENYICES Children and Adults Health Proerams Group AUG 2 I 20t9 Cindy Olson Director Eligibility and Enrollment Division Virginia Department of Medical Assistance Services 600 East Broad Street, Suite 1300 Richmond, VA 23219 Dear Ms. Olson: I am pleased to inform you that your title XXI Children's Health Insurance Program (CHIp) state plan amendment (SPA), VA-I9-0010, has been approved. VA-l9-0010 demonstrates compliance with the CHIP managed care regulations at 42 CFR 457, Subpart L for utilization of a managed care delivery system. This SPA also makes technical updates to remove outdated references and to clarify current practices. This SPA has an effective date of July 1, 201 8. Sections 2l0l(a),2103(Ð(3), 2107(b), and2107(e) of the Social Security Act, as implemented through regulations at 42 CFR 457 Subpart L, describe the application of managed care requirements to CHIP. Virginia has provided the necessary assurances indicating that the state complies with the managed care requirements in the delivery of CHIP services and benefits covered under the state's separate child health plan as of July l, 2018. This SPA approval does not substitute for CMS review of any contracts between the state and managed care entities that serve the state's CHIP populations. All managed care contracts for CHIP populations in effect as of the state fiscal year beginning on or after July I , 20 I 8 must comply with the CHIP managed care regulations and be submitted for CMS review. Your title XXI project officer is Ticia Jones. She is available to answer questions concerning this amendment and other CHlP-related issues. Her contact information is as follows: Centers for Medicare & Medicaid Services Center for Medicaid and CHIP Services 7500 Security Blvd., Mail Stop: S2-01-16 Baltimore, MD 21244- I 850 Telephone: (410) 786-8 145 E-mail : Ticia.Jones@cms.hhs. gov
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Page 2 - Ms. Cindy Olson Official communication regarding program matters should be submitted simultaneously to Ticia Jones and Francis McCullough, Director, Division of Medicaid Field Operations East. Francis McCullough's contact information is as follows: Centers for Medicare & Medicaid Services Division of Medicaid Field Operations East JFK Federal Building, Suite 2325 Boston, MA 02203-0003 We look forward to continuing to work with you and your staff. Since,rely, { . Anarie C1o Director cc: Francis McCullough, Director, Division of Medicaid Field Operations East /signed Anne Marie Costello/
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Effective Date: [07/01/18] 1 Approval Date____________/19 STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT STATE CHILDREN’S HEALTH INSURANCE PROGRAM
(Required under 4901 of the Balanced Budget Act of 1997 (New section 2101(b)))
State/Territory:___________________Virginia____________________________ (Name of State/Territory)
As a condition for receipt of Federal funds under Title XXI of the Social Security Act (42 CFR 457.40(b)),
___________________________________________________ ___________________ Daniel Carey, M.D., Secretary of Health and Human Resources Date Signed Commonwealth of Virginia
submits the following State Child Health Plan for the State Children’s Health Insurance Program and hereby agrees to administer the program in accordance with the provisions of the approved State Child Health Plan, the requirements of Title XXI and XIX of the Act (as appropriate) and all applicable Federal regulations and other official issuances of the Department.
The following state officials are responsible for program administration and financial oversight (42 CFR 457.40(c)):
Name: Daniel Carey, M.D. Title: Secretary of Health and Human Resources Name: Jennifer S. Lee, M.D. Title: Director, Department of Medical Assistance Services Name: Cindy Olson Title: CHIP Director
*Disclosure. In accordance with the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148 (CMS-10393 #34). The time required to complete this information collection is estimated to average 80 hours per response, including the time to review instructions, search existing data resources, and gather the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Blvd., Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-2
Effective Date: [07/01/18] 2 Approval Date____________/19 Section 1. General Description and Purpose of the State Child Health Plans and State Child Health Plan Requirements
1.1 The state will use funds provided under Title XXI primarily for (Check appropriate box) (Section 2101(a)(1)); (42 CFR 457.70):
1.1.1 Obtaining coverage that meets the requirements for a separate child health program (Sections 2101(a)(1) and 2103); OR
1.1.2. Providing expanded benefits under the State’s Medicaid plan (Title XIX) (Section 2101(a)(2)); OR
1.1.3. A combination of both of the above. (Section 2101(a)(2))
Effective 09/01/02.
1.2 Check to provide an assurance that expenditures for child health assistance will not be claimed prior to the time that the State has legislative authority to operate the State plan or plan amendment as approved by CMS. (42 CFR 457.40(d))
1.3 Check to provide an assurance that the State complies with all applicable civil rights requirements, including title VI of the Civil Rights Act of 1964, title II of the Americans with Disabilities Act of 1990, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, 45 CFR part 80, part 84, and part 91, and 28 CFR part 35. (42 CFR 457.130)
Guidance: The effective date as specified below is defined as the date on which the State begins to incur costs to implement its State plan or amendment. (42 CFR 457.65) The implementation date is defined as the date the State begins to provide services; or, the date on which the State puts into practice the new policy described in the State plan or amendment. For example, in a State that has increased eligibility, this is the date on which the State begins to provide coverage to enrollees (and not the date the State begins outreach or accepting applications).
1.4 Provide the effective (date costs begin to be incurred) and implementation (date services begin to be provided) dates for this SPA (42 CFR 457.65). A SPA may only have one effective date, but provisions within the SPA may have different implementation dates that must be after the effective date.
Original Plan Effective Date: 10/26/98; Implementation Date: 10/26/98
Amendment Effective Dates: Amend. 1: 07/01/01. Amend. 2: 12/01/01. Amend. 3: 7/01/01. Amend. 4: 09/01/02. Amend. 5: 08/01/03. Amend. 6: Withdrawn.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-3
Effective Date: [07/01/18] 3 Approval Date____________/19 Amend. 7: delete ESHI premium assistance program and exempt pregnant children from waiting period 08/01/05; allow for disease management in fee-for- service program 07/01/06. Amend. 8: Changes to the CHIP State Plan to outline coverage of school services and to add language regarding private funding. Amend. 9: FAMIS MOMS to 200% FPL and MCO opt in 07/01/09; Medicaid Expansion Immigrants 04/01/09. Amend. 10: Translation for Dental Care 07/01/09; Hospice Concurrent with Treatment 03/23/10; Early Intervention and prospective payment for FQHCs and RHCs 10/01/09; Citizenship Documentation 01/01/10; Mental Health Parity and No Cost Sharing for Pregnancy-Related Assistance 07/01/10. Amend. 11: Administrative Renewal Process 10/01/10; Virginia Health Care Fund 07/01/10. Amend. 16: Behavioral Therapies added 07/01/16. Amend. 17: Temporary Adjustments to Enrollment and Redetermination for Individuals Living or Working in a Declared Disaster Area at the Time of a Disaster Event 01/01/17.
Amendment Implementation Dates: Amend. 1: 08/01/01; Amend. 2: 12/01/01; Amend. 3: 12/01/01; Amend. 4: 09/01/02; Amend. 5: 08/01/03; Amend. 6: Withdrawn; Amend. 7: 07/01/06; Amend. 8: 07/01/07, and 02/14/09 implementation date of language regarding the RWJ Grant funding and private funding; Amend. 9: 07/01/09, and Medicaid Expansion Immigrants: 04/01/09; Amend. 10: Translation for Dental Care: 07/01/09; Hospice Concurrent with Treatment: 03/23/10; Early Intervention and prospective payment for FQHCs and RHCs: 10/01/09; Citizenship Documentation: 01/01/10; and Mental Health Parity, No Cost Sharing for Pregnancy-Related Assistance, and Virginia Health Care Fund: 07/01/10. Amend. 11: Administrative Renewal Process: 10/01/10; and Virginia Health Care Fund: 07/01/10. Amend. 12: Discontinue primary care case management: 05/01/12; Expand eligibility under lawfully residing option: 07/01/12; Add coverage for early intervention case management: 10/01/11; and Discontinue Virginia Health Care Fund funding: 07/01/12. Amend. 13: Outreach Procedures 07/01/12; and Performance Plan: 07/01/12. Amend. 14: Delivery system change (Sec. 6 and 12) Behavioral Health Service Administrator: 01/01/14. Amend. 16: Behavioral Therapies 07/01/16. Amend. 17: Temporary Adjustments to Enrollment and Redetermination for Individuals Living or Working in a Declared Disaster Area at the Time of a Disaster Event 01/01/17.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-4
Effective Date: [07/01/18] 4 Approval Date____________/19 Transmittal Number SPA Group PDF Description Superseded Plan Section(s) VA-13-15
Effective/Implementation Date: January 1, 2014
VA-14-0020
Effective/Implementation Date: January 1, 2015
MAGI Eligibility & Methods CS7
CS13
CS15
CS10
Eligibility – Targeted Low Income Children
Eligibility - Deemed Newborns
MAGI-Based Income Methodologies
Eligibility – Children Who Have Access to Public Employee Coverage Supersedes the current sections Geographic Area 4.1.1; Age 4.1.2; and Income 4.1.3
Incorporate under section 4.3
Incorporate within a separate subsection under section 4.3
Supersedes language in regard to dependents of public employees in Section 4.1.9
VA-14-0002
Effective/Implementation Date: January 1, 2014
XXI Medicaid Expansion CS3 Eligibility for Medicaid Expansion Program Supersedes the current Medicaid expansion section 4.0 VA-14-0025
Effective/Implementation Date: January 1, 2014 Establish 2101(f) Group CS14 Children Ineligible for Medicaid as a Result of the Elimination of Income Disregards Incorporate within subsection 4.4.1 VA-13-0018
Effective/Implementation Date: October 1, 2013 Eligibility Processing CS24 Eligibility Process Supersedes the current sections 4.3 and 4.4 VA-13-19
Effective/Implementation Date: January 1, 2014
Non- Financial Eligibility CS17
CS18
Non-Financial Eligibility – Residency
Non-Financial – Citizenship
Supersedes the current section 4.1.5
Supersedes the current sections 4.1.0; 4.1.1-LR
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-5
Effective Date: [07/01/18] 5 Approval Date____________/19 Transmittal Number SPA Group PDF Description Superseded Plan Section(s)
VA-13-19-01 Effective/Implementation Date: July 3, 2014 CS19
CS23
CS20 Non-Financial – Social Security Number
Other Eligibility Standards
Substitution of Coverage
Supersedes the current section 4.1.9
Supersedes the current section 4,1.6, 4.1.7, 4.1.8, 4.1.9
Supersedes the current section 4.4.4
SPA #15 Purpose of SPA: Update for SFY 2015 Effective date: 07/01/14
Implementation dates: Remove waiting period for eligibility: 07/03/14; Allow eligibility for dependents of state employees: 01/01/15
SPA #16 Purpose of SPA: Update for SFY 2016
Effective date: 07/01/15
Implementation date:
Benefits - add Behavioral Therapy services: 07/01/16
SPA #17
Purpose of SPA: Temporary Adjustments to Enrollment and Redetermination for Individuals Living or Working in a Declared Disaster Area at the Time of a Disaster Event.
Effective date and implementation date: 01/01/17
SPA #VA-17-0012 Purpose of SPA: Update for SFY 2017
Effective date: 7/1/17 SUD amendments (not including peer supports) have an effective date of 04/01/17. All other items (including peer supports) have an effective date of 07/01/17.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-6
Effective Date: [07/01/18] 6 Approval Date____________/19 SPA #VA-18-0012 -- PENDING Purpose of SPA: Compliance with Mental Health Parity and Addiction Equity Act Proposed effective and implementation date: 07/01/17
SPA #VA-19-0010 Purpose of SPA: Update for SFY 2019; Managed Care Final Rule Compliance Assurances; Technical Updates Effective and implementation date: 07/01/18
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-7
Effective Date: [07/01/18] 7 Approval Date____________/19
Section 2. General Background and Description of State Approach to Child Health Coverage and Coordination (Section 2102 (a)(1)-(3)) and (Section 2105)(c)(7)(A)- (B))
2.1. Describe the extent to which, and manner in which, children in the State (including targeted low-income children and other groups of children specified), identified by income level and other relevant factors, such as race, ethnicity and geographic location, currently have creditable health coverage (as defined in 42 CFR 457.10). To the extent feasible, distinguish between creditable coverage under public health insurance programs and public-private partnerships (See Section 10 for annual report requirements). (Section 2102(a)(1)); (42 CFR 457.80(a))
The Virginia Health Care Foundation conducted two surveys of health access in Virginia. The latest survey was conducted in the Spring of 1997 for the year 1996 of a representative sample of 1,861 households representing 4,694 individuals. The Department of Medical Assistance Services (DMAS) used estimates derived from this survey and census data for its planning purposes rather than from the national Current Population Survey. DMAS’ administrative data were used to estimate Medicaid insured children.
HEALTH INSURANCE STATUS OF VIRGINIA CHILDREN 0-18, BY POVERTY LEVEL 1996
Insured Uninsured
Poverty Level Medicaid Private Total Insured Medicaid Eligible Other Uninsured Total Uninsured Total Children Under 100% 206,550 2,430 208,980 34,020 0 34,020 243,000 100% to 125% 33,450 3,570 37,020 10,980 9,000 19,980 57,000 125% to 150% 31,500 4,860 36,360 12,920 12,720 25,640 62,000 150% to 175% 37,500 9,140 46,640 22,080 17,280 39,360 86,000 175% to 200% 6,000 44,000 50,000 2,000 33,000 35,000 85,000 200% to 250% 0 57,000 57,000 0 20,000 20,000 77,000 Above 250% 0 979,000 979,000 0 40,000 40,000 1,019,000 Totals 315,000 1,100,000 1,415,000 82,000 132,000 214,000 1,629,000
DMAS assumes that insured/uninsured individuals are evenly distributed by age below 100% of poverty. Above 100% of poverty, more of the uninsured are ages 6 through 18. Virginia Medicaid covers children 0 through 5 up to 133% and covers children ages 6 through 18 up to 100% of poverty. Effective 9/01/02, Virginia’s Medicaid program was expanded through Title XXI to cover additional targeted low-income children ages 6 through 18 with family income equal to or less than 133% of FPL. Effective January 1, 2014, this changed to 143% of FPL.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-8
Effective Date: [07/01/18] 8 Approval Date____________/19
2.2. Health Services Initiatives. Describe if the State will use the health services initiative option as allowed at 42 CFR 457.10. If so, describe what services or programs the State is proposing to cover with administrative funds, including the cost of each program, and how it is currently funded (if applicable); also update the budget accordingly. (Section 2105(a)(1)(D)(ii)); (42 CFR 457.10)
Virginia is not currently using the health services initiative option as allowed at 42 CFR 457.10.
Section 3. Methods of Delivery and Utilization Controls
Check here if the State elects to use funds provided under Title XXI only to provide expanded eligibility under the State’s Medicaid plan, and continue on to Section 4 (Eligibility Standards and Methodology).
Guidance: In Section 3.1, describe all delivery methods the State will use to provide services to enrollees, including: (1) contracts with managed care organizations (MCO), prepaid inpatient health plans (PIHP), prepaid ambulatory health plans (PAHP), primary care case management entities (PCCM entities), and primary care case managers (PCCM); (2) contracts with indemnity health insurance plans; (3) fee-for-service (FFS) paid by the State to health care providers; and (4) any other arrangements for health care delivery. The State should describe any variations based upon geography and by population (including the conception to birth population). States must submit the managed care contract(s) to CMS’ Regional Office for review.
3.1. Delivery Systems (Section 2102(a)(4)) (42 CFR 457.490; Part 457, Subpart L)
3.1.1 Choice of Delivery System 3.1.1.1 Does the State use a managed care delivery system for its CHIP populations? Managed care entities include MCOs, PIHPs, PAHPs, PCCM entities and PCCMs as defined in 42 CFR 457.10. Please check the box and answer the questions below that apply to your State. No, the State does not use a managed care delivery system for any CHIP populations. Yes, the State uses a managed care delivery system for all CHIP populations. Yes, the State uses a managed care delivery system; however, only some of the CHIP population is included in the managed care
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-9
Effective Date: [07/01/18] 9 Approval Date____________/19 delivery system and some of the CHIP population is included in a fee-for-service system. If the State uses a managed care delivery system for only some of its CHIP populations and a fee-for-service system for some of its CHIP populations, please describe which populations are, and which are not, included in the State’s managed care delivery system for CHIP. States will be asked to specify which managed care entities are used by the State in its managed care delivery system below in Section 3.1.2. Virginia uses a managed care delivery system for the entire CHIP population; however, children are in fee-for-service during the brief initial period before they are enrolled in a managed care plan (several weeks). No population remains in fee-for-service after this initial time period.
Effective October 1, 2009, the Commonwealth reimburses for services provided by Federally-qualified health centers (FQHCs) and rural health clinics (RHCs), applicable to CHIP, in the same manner it reimburses for services provided in the Title XIX (Medicaid) program as described in the Virginia State Plan for Medical Assistance, Attachment 4.19-B. Supplemental payments are made to FQHCs and RHCs for services reimbursed by MCOs as also described in the Virginia State Plan for Medical Assistance, Attachment 4.19-B. Coverage under the modified Medicaid look- alike component will be reimbursed on a fee-for-service basis by the Department.
The managed care organizations (MCOs) are at risk for all services provided. The plans have the discretion in reimbursing and contracting with providers and must ensure services are provided and a sufficient network exists. FAMIS rates are actuarially sound rates, and are established in a manner consistent with CMS regulations promulgated pursuant to the Balanced Budget Act of 1997. A managed care savings factor shall be applied to determine the final rates. The savings factor shall be determined annually.
Guidance: Utilization control systems are those administrative mechanisms that are designed to ensure that enrollees receiving health care services under the State plan receive only appropriate and medically necessary health care consistent with the benefit package.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-10
Effective Date: [07/01/18] 10 Approval Date____________/19 Examples of utilization control systems include, but are not limited to: requirements for referrals to specialty care; requirements that clinicians use clinical practice guidelines; or demand management systems (e.g., use of an 800 number for after-hours and urgent care). In addition, the State should describe its plans for review, coordination, and implementation of utilization controls, addressing both procedures and State developed standards for review, in order to assure that necessary care is delivered in a cost-effective and efficient manner. (42 CFR 457.490(b)) If the State does not use a managed care delivery system for any or some of its CHIP populations, describe the methods of delivery of the child health assistance using Title XXI funds to targeted low-income children. Include a description of: The methods for assuring delivery of the insurance products and delivery of health care services covered by such products to the enrollees, including any variations. (Section 2102(a)(4); 42 CFR 457.490(a)) The utilization control systems designed to ensure that enrollees receiving health care services under the State plan receive only appropriate and medically necessary health care consistent with the benefit package described in the approved State plan. (Section 2102(a)(4); 42 CFR 457.490(b))
Guidance: Only States that use a managed care delivery system for all or some CHIP populations need to answer the remaining questions under Section 3 (starting with 3.1.1.2). If the State uses a managed care delivery system for only some of its CHIP population, the State’s responses to the following questions will only apply to those populations. 3.1.1.2 Do any of your CHIP populations that receive services through a managed care delivery system receive any services outside of a managed care delivery system? No Yes
If yes, please describe which services are carved out of your managed care delivery system and how the State provides these services to an enrollee, such as through fee-for-service. Examples of carved out services may include transportation and dental, among others.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-11
Effective Date: [07/01/18] 11 Approval Date____________/19 School health services and dental services are carved out of the managed care delivery system and are provided through fee-for- service. 3.1.2 Use of a Managed Care Delivery System for All or Some of the State’s CHIP Populations 3.1.2.1 Check each of the types of entities below that the State will contract with under its managed care delivery system, and select and/or explain the method(s) of payment that the State will use: Managed care organization (MCO) (42 CFR 457.10) Capitation payment
Describe population served: Virginia’s entire CHIP population
Prepaid inpatient health plan (PIHP) (42 CFR 457.10) Capitation payment Other (please explain)
Describe population served:
Guidance: If the State uses prepaid ambulatory health plan(s) (PAHP) to exclusively provide non-emergency medical transportation (a NEMT PAHP), the State should not check the following box for that plan. Instead, complete section 3.1.3 for the NEMT PAHP. Prepaid ambulatory health plan (PAHP) (42 CFR 457.10) Capitation payment Other (please explain)
Describe population served:
Primary care case manager (PCCM) (individual practitioners) (42 CFR 457.10) Case management fee Other (please explain)
Primary care case management entity (PCCM Entity) (42 CFR 457.10) Case management fee Shared savings, incentive payments, and/or other financial rewards for improved quality outcomes (see 42 CFR 457.1240(f)) Other (please explain)
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-12
Effective Date: [07/01/18] 12 Approval Date____________/19
If PCCM entity is selected, please indicate which of the following function(s) the entity will provide (as described in 42 CFR 457.10), in addition to PCCM services: Provision of intensive telephonic case management Provision of face-to-face case management Operation of a nurse triage advice line Development of enrollee care plans Execution of contracts with fee-for-service (FFS) providers in the FFS program Oversight responsibilities for the activities of FFS providers in the FFS program Provision of payments to FFS providers on behalf of the State Provision of enrollee outreach and education activities Operation of a customer service call center Review of provider claims, utilization and/or practice patterns to conduct provider profiling and/or practice improvement Implementation of quality improvement activities including administering enrollee satisfaction surveys or collecting data necessary for performance measurement of providers Coordination with behavioral health systems/providers Other (please describe)
3.1.2.2
The State assures that if its contract with an MCO, PAHP, or PIHP allows the entity to use a physician incentive plan, the contract stipulates that the entity must comply with the requirements set forth in 42 CFR 422.208 and 422.210. (42 CFR 457.1201(h), cross-referencing to 42 CFR 438.3(i)) 3.1.3 Nonemergency Medical Transportation PAHPs Guidance: Only complete Section 3.1.3 if the State uses a PAHP to exclusively provide non-emergency medical transportation (a NEMT PAHP). If a NEMT PAHP is the only managed care entity for CHIP in the State, please continue to Section 4 after checking the assurance below. If the State uses a PAHP that does not exclusively provide NEMT and/or uses other managed care entities beyond a NEMT PAHP, the State will need to complete the remaining sections within Section 3.
The State assures that it complies with all requirements applicable to NEMT PAHPs, and through its contracts with such entities, requires NEMT PAHPs to
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-13
Effective Date: [07/01/18] 13 Approval Date____________/19 comply with all applicable requirements, including the following (from 42 CFR 457.1206(b)): All contract provisions in 42 CFR 457.1201 except those set forth in 42 CFR 457.1201(h) (related to physician incentive plans) and 42 CFR 457.1201(l) (related to mental health parity). The information requirements in 42 CFR 457.1207 (see Section 3.5 below for more details). The provision against provider discrimination in 42 CFR 457.1208. The State responsibility provisions in 42 CFR 457.1212 (about disenrollment), 42 CFR 457.1214 (about conflict of interest safeguards), and 42 CFR 438.62(a), as cross-referenced in 42 CFR 457.1216 (about continued services to enrollees). The provisions on enrollee rights and protections in 42 CFR 457.1220, 457.1222, 457.1224, and 457.1226. The PAHP standards in 42 CFR 438.206(b)(1), as cross-referenced by 42 CFR 457.1230(a) (about availability of services), 42 CFR 457.1230(d) (about coverage and authorization of services), and 42 CFR 457.1233(a), (b) and (d) (about structure and operation standards). An enrollee's right to a State review under subpart K of 42 CFR 457. Prohibitions against affiliations with individuals debarred or excluded by Federal agencies in 42 CFR 438.610, as cross referenced by 42 CFR 457.1285. Requirements relating to contracts involving Indians, Indian Health Care Providers, and Indian managed care entities in 42 CFR 457.1209.
3.2. General Managed Care Contract Provisions
3.2.1
The State assures that it provides for free and open competition, to the maximum extent practical, in the bidding of all procurement contracts for coverage or other services, including external quality review organizations, in accordance with the procurement requirements of 45 CFR part 75, as applicable. (42 CFR 457.940(b); 42 CFR 457.1250(a), cross referencing to 42 CFR 438.356(e)) 3.2.2
The State assures that it will include provisions in all managed care contracts that define a sound and complete procurement contract, as required by 45 CFR part 75, as applicable. (42 CFR 457.940(c)) 3.2.3
The State assures that each MCO, PIHP, PAHP, PCCM, and PCCM entity complies with any applicable Federal and State laws that pertain to enrollee rights, and ensures that its employees and contract providers observe and protect those rights (42 CFR 457.1220, cross-referencing to 42 CFR 438.100).
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-14
Effective Date: [07/01/18] 14 Approval Date____________/19 These Federal and State laws include: Title VI of the Civil Rights Act of 1964 (45 CFR part 80), Age Discrimination Act of 1975 (45 CFR part 91), Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Titles II and III of the Americans with Disabilities Act, and section 1557 of the Patient Protection and Affordable Care Act. 3.2.4
The State assures that it operates a Web site that provides the MCO, PIHP, PAHP, and PCCM entity contracts. (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(c)(3)) 3.3 Rate Development Standards and Medical Loss Ratio 3.3.1 The State assures that its payment rates are: Based on public or private payment rates for comparable services for comparable populations; and Consistent with actuarially sound principles as defined in 42 CFR 457.10. (42 CFR 457.1203(a))
Guidance: States that checked both boxes under 3.3.1 above do not need to make the next assurance. If the state is unable to check both boxes under 3.1.1 above, the state must check the next assurance. If the State is unable to meet the requirements under 42 CFR 457.1203(a), the State attests that it must establish higher rates because such rates are necessary to ensure sufficient provider participation or provider access or to enroll providers who demonstrate exceptional efficiency or quality in the provision of services. (42 CFR 457.1203(b)) 3.3.2
The State assures that its rates are designed to reasonably achieve a medical loss ratio standard equal to at least 85 percent for the rate year and provide for reasonable administrative costs. (42 CFR 457.1203(c)) 3.3.3
The State assures that it will provide to CMS, if requested by CMS, a description of the manner in which rates were developed in accordance with the requirements of 42 CFR 457.1203(a) through (c). (42 CFR 457.1203(d)) 3.3.4
The State assures that it annually submits to CMS a summary description of the reports pertaining to the medical loss ratio received from the MCOs, PIHPs, and PAHPs. (42 CFR 457.1203(e), cross referencing to 42 CFR 438.74(a))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-15
Effective Date: [07/01/18] 15 Approval Date____________/19 3.3.5 Does the State require an MCO, PIHP, or PAHP to pay remittances through the contract for not meeting the minimum MLR required by the State? (42 CFR 457.1203(e), cross referencing to 42 CFR 438.74(b)(1)) No, the State does not require any MCO, PIHP, or PAHP to pay remittances. Yes, the State requires all MCOs, PIHPs, and PAHPs to pay remittances. Yes, the State requires some, but not all, MCOs, PIHPs, and PAHPs to pay remittances.
If the State requests some, but not all, MCOs, PIHPs, and PAHPs to pay remittances through the contract for not meeting the minimum MLR required by the State, please describe which types of managed care entities are and are not required to pay remittances. For example, if a state requires a medical MCO to pay a remittances but not a dental PAHP, please include this information. If the answer to the assurance above is yes for any or all managed care entities, please answer the next assurance: The State assures that if a remittance is owed by an MCO, PIHP, or PAHP to the State, the State: Reimburses CMS for an amount equal to the Federal share of the remittance, taking into account applicable differences in the Federal matching rate; and Submits a separate report describing the methodology used to determine the State and Federal share of the remittance with the annual report provided to CMS that summarizes the reports received from the MCOs, PIHPs, and PAHPs. (42 CFR 457.1203(e), cross referencing to 42 CFR 438.74(b))
3.3.6
The State assures that each MCO, PIHP, and PAHP calculates and reports the medical loss ratio in accordance with 42 CFR 438.8. (42 CFR 457.1203(f)) 3.4 Enrollment
The State assures that its contracts with MCOs, PIHPs, PAHPs, PCCMs, and PCCM entities provide that the MCO, PIHP, PAHP, PCCM or PCCM entity: Accepts individuals eligible for enrollment in the order in which they apply without restriction (unless authorized by CMS), up to the limits set under the contract (42 CFR 457.1201(d), cross-referencing to 42 CFR 438.3(d)(1)); Will not, on the basis of health status or need for health care services, discriminate against individuals eligible to enroll (42 CFR 457.1201(d), cross-referencing to 42 CFR 438.3(d)(3)); and Will not discriminate against individuals eligible to enroll on the basis of race,
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-16
Effective Date: [07/01/18] 16 Approval Date____________/19 color, national origin, sex, sexual orientation, gender identity, or disability and will not use any policy or practice that has the effect of discriminating on the basis of race, color, national origin, sex, sexual orientation, gender identity or disability. (42 CFR 457.1201(d), cross-referencing to 438.3(d)(4)) 3.4.1 Enrollment Process 3.4.1.1
The State assures that it provides informational notices to potential enrollees in an MCO, PIHP, PAHP, PCCM, or PCCM entity that includes the available managed care entities, explains how to select an entity, explains the implications of making or not making an active choice of an entity, explains the length of the enrollment period as well as the disenrollment policies, and complies with the information requirements in 42 CFR 457.1207 and accessibility standards established under 42 CFR 457.340. (42 CFR 457.1210(c)) 3.4.1.2
The State assures that its enrollment system gives beneficiaries already enrolled in an MCO, PIHP, PAHP, PCCM, or PCCM entity priority to continue that enrollment if the MCO, PIHP, PAHP, PCCM, or PCCM entity does not have the capacity to accept all those seeking enrollment under the program. (42 CFR 457.1210(b)) 3.4.1.3 Does the State use a default enrollment process to assign beneficiaries to an MCO, PIHP, PAHP, PCCM, or PCCM entity? (42 CFR 457.1210(a)) Yes No
If the State uses a default enrollment process, please make the following assurances: The State assigns beneficiaries only to qualified MCOs, PIHPs, PAHPs, PCCMs, and PCCM entities that are not subject to the intermediate sanction of having suspension of all new enrollment (including default enrollment) under 42 CFR 438.702 and have capacity to enroll beneficiaries. (42 CFR 457.1210(a)(1)(i)) The State maximizes continuation of existing provider-beneficiary relationships under 42 CFR 457.1210(a)(1)(ii) or if that is not possible, distributes the beneficiaries equitably and does not arbitrarily exclude any MCO, PIHP, PAHP, PCCM or PCCM entity from being considered. (42 CFR 457.1210(a)(1)(ii), 42 CFR 457.1210(a)(1)(iii))
3.4.2 Disenrollment
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-17
Effective Date: [07/01/18] 17 Approval Date____________/19 3.4.2.1
The State assures that the State will notify enrollees of their right to disenroll consistent with the requirements of 42 CFR 438.56 at least annually. (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(f)(2)) 3.4.2.2
The State assures that the effective date of an approved disenrollment, regardless of the procedure followed to request the disenrollment, will be no later than the first day of the second month following the month in which the enrollee requests disenrollment or the MCO, PIHP, PAHP, PCCM or PCCM entity refers the request to the State. (42 CFR 457.1212, cross-referencing to 438.56(e)(1)) 3.4.2.3
If a beneficiary disenrolls from an MCO, PIHP, PAHP, PCCM, or PCCM entity, the State assures that the beneficiary is provided the option to enroll in another plan or receive benefits from an alternative delivery system. (Section 2103(f)(3) of the Social Security Act, incorporating section 1932(a)(4); 42 CFR 457.1212, cross referencing to 42 CFR 438.56; State Health Official Letter #09-008) 3.4.2.4 MCO, PIHP, PAHP, PCCM and PCCM Entity Requests for Disenrollment. The State assures that contracts with MCOs, PIHPs, PAHPs, PCCMs and PCCM entities describe the reasons for which an MCO, PIHP, PAHP, PCCM and PCCM entity may request disenrollment of an enrollee, if any. (42 CFR 457.1212, cross- referencing to 42 CFR 438.56(b)) Guidance: Reasons for disenrollment by the MCO, PIHP, PAHP, PCCM, and PCCM entity must be specified in the contract with the State. Reasons for disenrollment may not include an adverse change in the enrollee’s health status, or because of the enrollee’s utilization of medical services, diminished mental capacity, or uncooperative or disruptive behavior resulting from his or her special needs (except when his or her continued enrollment in the MCO, PIHP, PAHP, PCCM or PCCM entity seriously impairs the entity’s ability to furnish services to either this particular enrollee or other enrollees). (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(b)(2)) 3.4.2.5 Enrollee Requests for Disenrollment. Guidance: The State may also choose to limit disenrollment from the MCO, PIHP, PAHP, PCCM, or PCCM entity, except for either: 1) for cause, at any time; or 2) without cause during the latter of the 90 days after the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-18
Effective Date: [07/01/18] 18 Approval Date____________/19 beneficiary’s initial enrollment or the State sends the beneficiary notice of that enrollment, at least once every 12 months, upon reenrollment if the temporary loss of CHIP eligibility caused the beneficiary to miss the annual disenrollment opportunity, or when the State imposes the intermediate sanction specified in 42 CFR 438.702(a)(4). (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(c)) Does the State limit disenrollment from an MCO, PIHP, PAHP, PCCM and PCCM entity by an enrollee? (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(c)) Yes No
If the State limits disenrollment by the enrollee from an MCO, PIHP, PAHP, PCCM and PCCM entity, please make the following assurances (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(c)): The State assures that enrollees and their representatives are given written notice of disenrollment rights at least 60 days before the start of each enrollment period. (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(f)(1)) The State assures that beneficiary requests to disenroll for cause will be permitted at any time by the MCO, PIHP, PAHP, PCCM or PCCM entity. (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(c)(1) and (d)(2)) The State assures that beneficiary requests for disenrollment without cause will be permitted by the MCO, PIHP, PAHP, PCCM or PCCM entity at the following times: During the 90 days following the date of the beneficiary's initial enrollment into the MCO, PIHP, PAHP, PCCM, or PCCM entity, or during the 90 days following the date the State sends the beneficiary notice of that enrollment, whichever is later; At least once every 12 months thereafter; If the State plan provides for automatic reenrollment for an individual who loses CHIP eligibility for a period of 2 months or less and the temporary loss of CHIP eligibility has caused the beneficiary to miss the annual disenrollment opportunity; and When the State imposes the intermediate sanction on the MCO, PIHP, PAHP, PCCM or PCCM entity specified in 42 CFR 438.702(a)(4). (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(c)(2)) 3.4.2.6
The State assures that the State ensures timely access to a State review for any enrollee dissatisfied with a State agency determination that there is not good cause for disenrollment. (42 CFR 457.1212, cross- referencing to 42 CFR 438.56(f)(2))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-19
Effective Date: [07/01/18] 19 Approval Date____________/19 3.5 Information Requirements for Enrollees and Potential Enrollees 3.5.1
The State assures that it provides, or ensures its contracted MCOs, PAHPs, PIHPs, PCCMs and PCCM entities provide, all enrollment notices, informational materials, and instructional materials related to enrollees and potential enrollees in accordance with the terms of 42 CFR 457.1207, cross- referencing to 42 CFR 438.10. 3.5.2
The State assures that all required information provided to enrollees and potential enrollees are in a manner and format that may be easily understood and is readily accessible by such enrollees and potential enrollees. (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(c)(1)) 3.5.3
The State assures that it operates a Web site that provides the content specified in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(g)-(i) either directly or by linking to individual MCO, PIHP, PAHP and PCCM entity Web sites. 3.5.4
The State assures that it has developed and requires each MCO, PIHP, PAHP and PCCM entity to use: Definitions for the terms specified under 42 CFR 438.10(c)(4)(i), and Model enrollee handbooks, and model enrollee notices. (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(c)(4))
3.5.5
If the State, MCOs, PIHPs, PAHPs, PCCMs or PCCM entities provide the information required under 42 CFR 457.1207 electronically, check this box to confirm that the State assures that it meets the requirements under 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(c)(6) for providing the material in an accessible manner. Including that: The format is readily accessible; The information is placed in a location on the State, MCO's, PIHP's, PAHP's, or PCCM's, or PCCM entity's Web site that is prominent and readily accessible; The information is provided in an electronic form which can be electronically retained and printed; The information is consistent with the content and language requirements in 42 CFR 438.10; and The enrollee is informed that the information is available in paper form without charge upon request and is provided the information upon request within 5 business days.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-20
Effective Date: [07/01/18] 20 Approval Date____________/19 3.5.6
The State assures that it meets the language and format requirements set forth in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(d), including but not limited to: Establishing a methodology that identifies the prevalent non-English languages spoken by enrollees and potential enrollees throughout the State, and in each MCO, PIHP, PAHP, or PCCM entity service area; Making oral interpretation available in all languages and written translation available in each prevalent non-English language; Requiring each MCO, PIHP, PAHP, and PCCM entity to make its written materials that are critical to obtaining services available in the prevalent non-English languages in its particular service area; Making interpretation services available to each potential enrollee and requiring each MCO, PIHP, PAHP, and PCCM entity to make those services available free of charge to each enrollee; and Notifying potential enrollees, and requiring each MCO, PIHP, PAHP, and PCCM entity to notify its enrollees: o That oral interpretation is available for any language and written translation is available in prevalent languages; o That auxiliary aids and services are available upon request and at no cost for enrollees with disabilities; and o How to access the services in 42 CFR 457.1207, cross- referencing 42 CFR 438.10(d)(5)(i) and (ii).
3.5.7
The State assures that the State or its contracted representative provides the information specified in 42 CFR 457.1207, cross-referencing to 438.10(e)(2), and includes the information either in paper or electronic format, to all potential enrollees at the time the potential enrollee becomes eligible to enroll in a voluntary managed care program or is first required to enroll in a mandatory managed care program and within a timeframe that enables the potential enrollee to use the information to choose among the available MCOs, PIHPs, PAHPs, PCCMs and PCCM entities: Information about the potential enrollee’s right to disenroll consistent with the requirements of 42 CFR 438.56 and which explains clearly the process for exercising this disenrollment right, as well as the alternatives available to the potential enrollee based on their specific circumstance; The basic features of managed care; Which populations are excluded from enrollment in managed care, subject to mandatory enrollment, or free to enroll voluntarily in the program; The service area covered by each MCO, PIHP, PAHP, PCCM, or PCCM entity; Covered benefits including:
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-21
Effective Date: [07/01/18] 21 Approval Date____________/19 o Which benefits are provided by the MCO, PIHP, or PAHP; and which, if any, benefits are provided directly by the State; and o For a counseling or referral service that the MCO, PIHP, or PAHP does not cover because of moral or religious objections, where and how to obtain the service; The provider directory and formulary information required in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(h) and (i); Any cost-sharing for the enrollee that will be imposed by the MCO, PIHP, PAHP, PCCM, or PCCM entity consistent with those set forth in the State plan; The requirements for each MCO, PIHP or PAHP to provide adequate access to covered services, including the network adequacy standards established in 42 CFR 457.1218, cross-referencing 42 CFR 438.68; The MCO, PIHP, PAHP, PCCM and PCCM entity's responsibilities for coordination of enrollee care; and To the extent available, quality and performance indicators for each MCO, PIHP, PAHP and PCCM entity, including enrollee satisfaction.
3.5.8
The State assures that it will provide the information specified in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(f) to all enrollees of MCOs, PIHPs, PAHPs and PCCM entities, including that the State must notify all enrollees of their right to disenroll consistent with the requirements of 42 CFR 438.56 at least annually. 3.5.9
The State assures that each MCO, PIHP, PAHP and PCCM entity will provide the information specified in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(f) to all enrollees of MCOs, PIHPs, PAHPs and PCCM entities, including that: The MCO, PIHP, PAHP and, when appropriate, the PCCM entity, must make a good faith effort to give written notice of termination of a contracted provider within the timeframe specified in 42 CFR 438.10(f), and The MCO, PIHP, PAHP and, when appropriate, the PCCM entity must make available, upon request, any physician incentive plans in place as set forth in 42 CFR 438.3(i).
3.5.10
The State assures that each MCO, PIHP, PAHP and PCCM entity will provide enrollees of that MCO, PIHP, PAHP or PCCM entity an enrollee handbook that meets the requirements as applicable to the MCO, PIHP, PAHP and PCCM entity, specified in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(g)(1)-(2), within a reasonable time after receiving notice of the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-22
Effective Date: [07/01/18] 22 Approval Date____________/19 beneficiary’s enrollment, by a method consistent with 42 CFR 438.10(g)(3), and including the following items: Information that enables the enrollee to understand how to effectively use the managed care program, which, at a minimum, must include: o Benefits provided by the MCO, PIHP, PAHP or PCCM entity; o How and where to access any benefits provided by the State, including any cost sharing, and how transportation is provided; and o In the case of a counseling or referral service that the MCO, PIHP, PAHP, or PCCM entity does not cover because of moral or religious objections, the MCO, PIHP, PAHP, or PCCM entity must inform enrollees that the service is not covered by the MCO, PIHP, PAHP, or PCCM entity and how they can obtain information from the State about how to access these services; The amount, duration, and scope of benefits available under the contract in sufficient detail to ensure that enrollees understand the benefits to which they are entitled; Procedures for obtaining benefits, including any requirements for service authorizations and/or referrals for specialty care and for other benefits not furnished by the enrollee’s primary care provider; The extent to which, and how, after-hours and emergency coverage are provided, including: o What constitutes an emergency medical condition and emergency services; o The fact that prior authorization is not required for emergency services; and o The fact that, subject to the provisions of this section, the enrollee has a right to use any hospital or other setting for emergency care; Any restrictions on the enrollee's freedom of choice among network providers; The extent to which, and how, enrollees may obtain benefits, including family planning services and supplies from out-of-network providers; Cost sharing, if any is imposed under the State plan; Enrollee rights and responsibilities, including the elements specified in 42 CFR §438.100; The process of selecting and changing the enrollee's primary care provider; Grievance, appeal, and review procedures and timeframes, consistent with 42 CFR 457.1260, in a State-developed or State-approved description, including: o The right to file grievances and appeals; o The requirements and timeframes for filing a grievance or appeal; o The availability of assistance in the filing process; and
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-23
Effective Date: [07/01/18] 23 Approval Date____________/19 o The right to request a State review after the MCO, PIHP or PAHP has made a determination on an enrollee's appeal which is adverse to the enrollee; How to access auxiliary aids and services, including additional information in alternative formats or languages; The toll-free telephone number for member services, medical management, and any other unit providing services directly to enrollees; and Information on how to report suspected fraud or abuse. 3.5.11
The State assures that each MCO, PIHP, PAHP and PCCM entity will give each enrollee notice of any change that the State defines as significant in the information specified in the enrollee handbook at least 30 days before the intended effective date of the change. (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(g)(4)) 3.5.12
The State assures that each MCO, PIHP, PAHP and when appropriate, PCCM entity, will make available a provider directory for the MCO’s, PIHP’s, PAHP’s or PCCM entity’s network providers, including for physicians (including specialists), hospitals, pharmacies, and behavioral health providers, that includes information as specified in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(h)(1)-(2) and (4). 3.5.13
The State assures that each MCO, PIHP, PAHP and when appropriate, PCCM entity, will update any information included in a paper provider directory at least monthly and in an electronic provider directories as specified in 42 CFR 438.10(h)(3). (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(h)(3)) 3.5.14
The State assures that each MCO, PIHP, PAHP and when appropriate, PCCM entity, will make available the MCO’s, PIHP’s, PAHP’s, or PCCM entity’s formulary that meets the requirements specified in 42 CFR 457.1207, cross- referencing to 42 CFR 438.10(i), including: Which medications are covered (both generic and name brand); and What tier each medication is on.
3.5.15
The State assures that each MCO, PIHP, PAHP, PCCM and PCCM entity follows the requirements for marketing activities under 42 CFR 457.1224, cross-referencing to 42 CFR 438.104 (except 42 CFR 438.104(c)). Guidance: Requirements for marketing activities include, but are not limited to, that the MCO, PIHP, PAHP, PCCM, or PCCM entity does not distribute any marketing materials without first obtaining State approval; distributes the materials to its entire service areas as indicated in the contract; does not seek to
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-24
Effective Date: [07/01/18] 24 Approval Date____________/19 influence enrollment in conjunction with the sale or offering of any private insurance; and does not, directly or indirectly, engage in door-to-door, telephone, email, texting, or other cold-call marketing activities. (42 CFR 104(b)) Guidance: Only States with MCOs, PIHPs, or PAHPs need to answer the remaining assurances in Section 3.5 (3.5.16 through 3.5.18). 3.5.16
The State assures that each MCO, PIHP and PAHP protects communications between providers and enrollees under 42 CFR 457.1222, cross-referencing to 42 CFR 438.102. 3.5.17
The State assures that MCOs, PIHPs, and PAHPs have arrangements and procedures that prohibit the MCO, PIHP, and PAHP from conducting any unsolicited personal contact with a potential enrollee by an employee or agent of the MCO, PAHP, or PIHP for the purpose of influencing the individual to enroll with the entity. (42 CFR 457.1280(b)(2)) Guidance: States should also complete Section 3.9, which includes additional provisions about the notice procedures for grievances and appeals. 3.5.18
The State assures that each contracted MCO, PIHP, and PAHP comply with the notice requirements specified for grievances and appeals in accordance with the terms of 42 CFR 438, Subpart F, except that the terms of 42 CFR 438.420 do not apply and that references to reviews should be read to refer to reviews as described in 42 CFR 457, Subpart K. (42 CFR 457.1260) 3.6 Benefits and Services Guidance: The State should also complete Section 3.10 (Program Integrity). 3.6.1
The State assures that MCO, PIHP, PAHP, PCCM entity, and PCCM contracts involving Indians, Indian health care providers, and Indian managed care entities comply with the requirements of 42 CFR 438.14. (42 CFR 457.1209) 3.6.2
The State assures that all services covered under the State plan are available and accessible to enrollees. (42 CFR 457.1230(a), cross-referencing to 42 CFR 438.206) 3.6.3
The State assures that it: Publishes the State’s network adequacy standards developed in accordance with 42 CFR 457.1218, cross-referencing 42 CFR 438.68(b)(1) on the Web site required by 42 CFR 438.10;
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-25
Effective Date: [07/01/18] 25 Approval Date____________/19 Makes available, upon request, the State’s network adequacy standards at no cost to enrollees with disabilities in alternate formats or through the provision of auxiliary aids and services. (42 CFR 457.1218, cross- referencing 42 CFR 438.68(e)) Guidance: Only States with MCOs, PIHPs, or PAHPs need to complete the remaining assurances in Section 3.6 (3.6.4 through 3.6.20). 3.6.4
The State assures that each MCO, PAHP and PIHP meets the State’s network adequacy standards. (42 CFR 457.1218, cross-referencing 42 CFR 438.68; 42 CFR 457.1230(a), cross-referencing to 42 CFR 438.206) 3.6.5
The State assures that each MCO, PIHP, and PAHP includes within its network of credentialed providers: A sufficient number of providers to provide adequate access to all services covered under the contract for all enrollees, including those with limited English proficiency or physical or mental disabilities; Women’s health specialists to provide direct access to covered care necessary to provide women’s routine and preventative health care services for female enrollees; and Family planning providers to ensure timely access to covered services. (42 CFR 457.1230(a), cross-referencing to 42 CFR 438.206(b) 3.6.6
The State assures that each contract under 42 CFR 457.1201 permits an enrollee to choose his or her network provider. (42 CFR 457.1201(j), cross- referencing 42 CFR 438.3(l)) 3.6.7
The State assures that each MCO, PIHP, and PAHP provides for a second opinion from a network provider, or arranges for the enrollee to obtain one outside the network, at no cost. (42 CFR 457.1230(a), cross-referencing to 42 CFR 438.206(b)(3)) 3.6.8
The State assures that each MCO, PIHP, and PAHP ensures that providers, in furnishing services to enrollees, provide timely access to care and services, including by: Requiring the contract to adequately and timely cover out-of-network services if the provider network is unable to provide necessary services covered under the contract to a particular enrollee and at a cost to the enrollee that is no greater than if the services were furnished within the network; Requiring the MCO, PIHP and PAHP meet and its network providers to meet State standards for timely access to care and services, taking into account the urgency of the need for services;
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-26
Effective Date: [07/01/18] 26 Approval Date____________/19 Ensuring that the hours of operation for a network provider are no less than the hours of operation offered to commercial enrollees or comparable to Medicaid or CHIP Fee-For-Service, if the provider serves only Medicaid or CHIP enrollees; Ensuring that the MCO, PIHP and PAHP makes available services include in the contract on a 24 hours a day, 7 days a week basis when medically necessary; Establishing mechanisms to ensure compliance by network providers; Monitoring network providers regularly to determine compliance; Taking corrective action if there is a failure to comply by a network provider. (42 CFR 457.1230(a), cross-referencing to 42 CFR 438.206(b)(4) and (5) and (c)) 3.6.9
The State assures that each MCO, PIHP, and PAHP has the capacity to serve the expected enrollment in its service area in accordance with the State’s standards for access to care. (42 CFR 457.1230(b), cross-referencing to 42 CFR 438.207) 3.6.10
The State assures that each MCO, PIHP, and PAHP will be required to submit documentation to the State, at the time of entering into a contract with the State, on an annual basis, and at any time there has been a significant change to the MCO, PIHP, or PAHP’s operations that would affect the adequacy of capacity and services, to demonstrate that each MCO, PIHP, and PAHP for the anticipated number of enrollees for the service area: Offers an appropriate range of preventative, primary care and specialty services; and Maintains a provider network that is sufficient in number, mix, and geographic distribution. (42 CFR 457.1230, cross-referencing to 42 CFR 438.207(b)) 3.6.11
Except that 42 CFR 438.210(a)(5) does not apply to CHIP, the State assures that its contracts with each MCO, PIHP, or PAHP comply with the coverage of services requirements under 42 CFR 438.210, including: Identifying, defining, and specifying the amount, duration, and scope of each service that the MCO, PIHP, or PAHP is required to offer; and Permitting an MCO, PIHP, or PAHP to place appropriate limits on a service. (42 CFR 457.1230(d), cross referencing to 42 CFR 438.210(a) except that 438.210(a)(5) does not apply to CHIP contracts)
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-27
Effective Date: [07/01/18] 27 Approval Date____________/19 3.6.12
Except that 438.210(b)(2)(iii) does not apply to CHIP, the State assures that its contracts with each MCO, PIHP, or PAHP comply with the authorization of services requirements under 42 CFR 438.210, including that: The MCO, PIHP, or PAHP and its subcontractors have in place and follow written policies and procedures; The MCO, PIHP, or PAHP have in place mechanisms to ensure consistent application of review criteria and consult with the requesting provider when appropriate; and Any decision to deny a service authorization request or to authorize a service in an amount, duration, or scope that is less than requested be made by an individual with appropriate expertise in addressing the enrollee’s medical, or behavioral health needs. (42 CFR 457.1230(d), cross referencing to 42 CFR 438.210(b), except that 438.210(b)(2)(iii) does not apply to CHIP contracts) 3.6.13
The State assures that its contracts with each MCO, PIHP, or PAHP require each MCO, PIHP, or PAHP to notify the requesting provider and given written notice to the enrollee of any adverse benefit determination to deny a service authorization request, or to authorize a service in an amount, duration, or scope that is less than requested. (42 CFR 457.1230(d), cross-referencing to 42 CFR 438.210(c)) 3.6.14
The State assures that its contracts with each MCO, PIHP, or PAHP provide that compensation to individuals or entities that conduct utilization management activities is not structured so as to provide incentives for the individual or entity to deny, limit, or discontinue medically necessary services to any enrollee. (42 CFR 457.1230(d), cross-referencing to 42 CFR 438.210(e)) 3.6.15
The State assures that it has a transition of care policy that meets the requirements of 438.62(b)(1) and requires that each contracted MCO, PIHP, and PAHP implements the policy. (42 CFR 457.1216, cross-referencing to 42 CFR 438.62) 3.6.16
The State assures that each MCO, PIHP, and PAHP has implemented procedures to deliver care to and coordinate services for all enrollees in accordance with 42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208, including: Ensure that each enrollee has an ongoing source of care appropriate to his or her needs; Ensure that each enrollee has a person or entity formally designated as primarily responsible for coordinating the services accessed by the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-28
Effective Date: [07/01/18] 28 Approval Date____________/19 enrollee; Provide the enrollee with information on how to contract their designated person or entity responsible for the enrollee’s coordination of services; Coordinate the services the MCO, PIHP, or PAHP furnishes to the enrollee between settings of care; with services from any other MCO, PIHP, or PAHP; with fee-for-service services; and with the services the enrollee receives from community and social support providers; Make a best effort to conduct an initial screening of each enrollees needs within 90 days of the effective date of enrollment for all new enrollees; Share with the State or other MCOs, PIHPs, or PAHPs serving the enrollee the results of any identification and assessment of the enrollee’s needs; Ensure that each provider furnishing services to enrollees maintains and shares, as appropriate, an enrollee health record in accordance with professional standards; and Ensure that each enrollee’s privacy is protected in the process of coordinating care is protected with the requirements of 45 CFR parts 160 and 164 subparts A and E. (42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(b)) Guidance: For assurances 3.6.17 through 3.6.20, applicability to PIHPs and PAHPs is based a determination by the State in relation to the scope of the entity’s services and on the way the State has organized its delivery of managed care services, whether a particular PIHP or PAHP is required to implement the mechanisms for identifying, assessing, and producing a treatment plan for an individual with special health care needs. (42 CFR 457.1230(c), cross- referencing to 42 CFR 438.208(a)(2)) 3.6.17
The State assures that it has implemented mechanisms for identifying to MCOs, PIHPs, and PAHPs enrollees with special health care needs who are eligible for assessment and treatment services under 42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(c) and included the mechanism in the State’s quality strategy. 3.6.18
The State assures that each applicable MCO, PIHP, and PAHP implements the mechanisms to comprehensively assess each enrollee identified by the state as having special health care needs. (42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(c)(2))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-29
Effective Date: [07/01/18] 29 Approval Date____________/19 3.6.19
The State assures that each MCO, PIHP, and PAHP will produce a treatment or service plan that meets the following requirements for enrollees identified with special health care needs: Is in accordance with applicable State quality assurance and utilization review standards; Reviewed and revised upon reassessment of functional need, at least every 12 months, or when the enrollee’s circumstances or needs change significantly. (42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(c)(3)) 3.6.20
The State assures that each MCO, PIHP, and PAHP must have a mechanism in place to allow enrollees to directly access a specialist as appropriate for the enrollee’s condition and identified needs for enrollees identified with special health care needs who need a course of treatment or regular care monitoring. (42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(c)(4)) 3.7 Operations 3.7.1
The State assures that it has established a uniform credentialing and recredentialing policy that addresses acute, primary, behavioral, and substance use disorders providers and requires each MCO, PIHP and PAHP to follow those policies. (42 CFR 457.1233(a), cross-referencing 42 CFR 438.214(b)(1)) Guidance: Only States with MCOs, PIHPs, or PAHPs need to answer the remaining assurances in Section 3.7 (3.7.2 through 3.7.9). 3.7.2 The State assures each contracted MCO, PIHP and PAHP will comply with the provider selection requirements in 42 CFR 457.1208 and 457.1233(a), cross- referencing 42 CFR 438.12 and 438.214, including that: Each MCO, PIHP, or PAHP implements written policies and procedures for selection and retention of network providers (42 CFR 457.1233(a), cross-referencing 42 CFR 438.214(a)); MCO, PIHP, and PAHP network provider selection policies and procedures do not discriminate against particular providers that serve high-risk populations or specialize in conditions that require costly treatment (42 CFR 457.1233(a), cross-referencing 42 CFR 438.214(c)); MCOs, PIHPs, and PAHPs do not discriminate in the participation, reimbursement, or indemnification of any provider who is acting within the scope of his or her license or certification, solely on the basis of that license or certification (42 CFR 457.1208, cross referencing 42 CFR 438.12(a));
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-30
Effective Date: [07/01/18] 30 Approval Date____________/19 If an MCO, PIHP, or PAHP declines to include individual or groups of providers in the MCO, PIHP, or PAHP’s provider network, the MCO, PIHP, and PAHP gives the affected providers written notice of the reason for the decision (42 CFR 457.1208, cross referencing 42 CFR 438.12(a)); and MCOs, PIHPs, and PAHPs do not employ or contract with providers excluded from participation in Federal health care programs under either section 1128 or section 1128A of the Act. (42 CFR 457.1233(a), cross- referencing 42 CFR 438.214(d)).
3.7.3 The State assures that each contracted MCO, PIHP, and PAHP complies with the subcontractual relationships and delegation requirements in 42 CFR 457.1233(b), cross-referencing 42 CFR 438.230, including that: The MCO, PIHP, or PAHP maintains ultimate responsibility for adhering to and otherwise fully complying with all terms and conditions of its contract with the State; All contracts or written arrangements between the MCO, PIHP, or PAHP and any subcontractor specify that all delegated activities or obligations, and related reporting responsibilities, are specified in the contract or written agreement, the subcontractor agrees to perform the delegated activities and reporting responsibilities specified in compliance with the MCO's, PIHP's, or PAHP's contract obligations, and the contract or written arrangement must either provide for revocation of the delegation of activities or obligations, or specify other remedies in instances where the State or the MCO, PIHP, or PAHP determine that the subcontractor has not performed satisfactorily; All contracts or written arrangements between the MCO, PIHP, or PAHP and any subcontractor must specify that the subcontractor agrees to comply with all applicable CHIP laws, regulations, including applicable subregulatory guidance and contract provisions; and The subcontractor agrees to the audit provisions in 438.230(c)(3). 3.7.4
The State assures that each contracted MCO and, when applicable, each PIHP and PAHP, adopts and disseminates practice guidelines that are based on valid and reliable clinical evidence or a consensus of providers in the particular field; consider the needs of the MCO’s, PIHP’s, or PAHP’s enrollees; are adopted in consultation with network providers; and are reviewed and updated periodically as appropriate. (42 CFR 457.1233(c), cross referencing 42 CFR 438.236(b) and (c))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-31
Effective Date: [07/01/18] 31 Approval Date____________/19 3.7.5
The State assures that each contracted MCO and, when applicable, each PIHP and PAHP makes decisions for utilization management, enrollee education, coverage of services, and other areas to which the guidelines apply are consistent with the practice guidelines. (42 CFR 457.1233(c), cross referencing 42 CFR 438.236(d)) 3.7.6
The State assures that each contracted MCO, PIHP, and PAHP maintains a health information system that collects, analyzes, integrates, and reports data consistent with 42 CFR 438.242. The systems must provide information on areas including, but not limited to, utilization, claims, grievances and appeals, and disenrollments for other than loss of CHIP eligibility. (42 CFR 457.1233(d), cross referencing 42 CFR 438.242) 3.7.7
The State assures that it reviews and validates the encounter data collected, maintained, and submitted to the State by the MCO, PIHP, or PAHP to ensure it is a complete and accurate representation of the services provided to the enrollees under the contract between the State and the MCO, PIHP, or PAHP and meets the requirements 42 CFR 438.242 of this section. (42 CFR 457.1233(d), cross referencing 42 CFR 438.242) 3.7.8
The State assures that it will submit to CMS all encounter data collected, maintained, submitted to the State by the MCO, PIHP, and PAHP once the State has reviewed and validated the data based on the requirements of 42 CFR 438.242. (CMS State Medicaid Director Letter #13-004) 3.7.9
The State assures that each contracted MCO, PIHP and PAHP complies with the privacy protections under 42 CFR 457.1110. (42 CFR 457.1233(e)) 3.8 Beneficiary Protections 3.8.1
The State assures that each MCO, PIHP, PAHP, PCCM and PCCM entity has written policies regarding the enrollee rights specified in 42 CFR 438.100. (42 CFR 457.1220, cross-referencing to 42 CFR 438.100(a)(1)) 3.8.2
The State assures that its contracts with an MCO, PIHP, PAHP, PCCM, or PCCM entity include a guarantee that the MCO, PIHP, PAHP, PCCM, or PCCM entity will not avoid costs for services covered in its contract by referring enrollees to publicly supported health care resources. (42 CFR 457.1201(p)) 3.8.3
The State assures that MCOs, PIHPs, and PAHPs do not hold the enrollee liable for the following: The MCO’s, PIHP’s or PAHP’s debts, in the event of the entity’s solvency.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-32
Effective Date: [07/01/18] 32 Approval Date____________/19 (42 CFR 457.1226, cross-referencing to 42 CFR 438.106(a)) Covered services provided to the enrollee for which the State does not pay the MCO, PIHP or PAHP or for which the State, MCO, PIHP, or PAHP does not pay the individual or the health care provider that furnished the services under a contractual, referral or other arrangement. (42 CFR 457.1226, cross-referencing to 42 CFR 438.106(b)) Payments for covered services furnished under a contract, referral or other arrangement that are in excess of the amount the enrollee would owe if the MCO, PIHP or PAHP covered the services directly. (42 CFR 457.1226, cross-referencing to 42 CFR 438.106(c)) 3.9 Grievances and Appeals Guidance: Only States with MCOs, PIHPs, or PAHPs need to complete Section 3.9. States with PCCMs and/or PCCM entities should be adhering to the State’s review process for benefits. 3.9.1
The State assures that each MCO, PIHP, and PAHP has a grievance and appeal system in place that allows enrollees to file a grievance and request an appeal. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(a) and 438.402(c)) 3.9.2
The State assures that each MCO, PIHP, and PAHP has only one level of appeal for enrollees. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(b)) 3.9.3
The State assures that an enrollee may request a State review after receiving notice that the adverse benefit determination is upheld, or after an MCO, PIHP, or PAHP fails to adhere to the notice and timing requirements in 42 CFR 438.408. (42 CFR 457.1260, cross-referencing to 438.402(c)) 3.9.4. Does the state offer and arrange for an external medical review? Yes No
Guidance: Only states that answered yes to assurance 3.9.4 need to complete the next assurance (3.9.5). 3.9.5
The State assures that the external medical review is: At the enrollee's option and not required before or used as a deterrent to proceeding to the State review; Independent of both the State and MCO, PIHP, or PAHP; Offered without any cost to the enrollee; and
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-33
Effective Date: [07/01/18] 33 Approval Date____________/19 Not extending any of the timeframes specified in 42 CFR 438.408. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(a) and 438.402(c)(1)(i)) 3.9.6
The State assures that an enrollee may file a grievance with the MCO, PIHP, or PAHP at any time. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(a) and 438.402(c)(2)(i)) 3.9.7
The State assures that an enrollee has 60 calendar days from the date on an adverse benefit determination notice to file a request for an appeal to the MCO, PIHP, or PAHP. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(a) and 438.402(c)(2)(ii)) 3.9.8
The State assures that an enrollee may file a grievance and request an appeal either orally or in writing. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(a) and 438.402(c)(3)(i)) 3.9.9
The State assures that each MCO, PIHP, and PAHP gives enrollees timely and adequate notice of an adverse benefit determination in writing consistent with the requirements below in Section 3.9.10 and in 42 CFR 438.10. 3.9.10
The State assures that the notice of an adverse benefit determination explains: The adverse benefit determination. The reasons for the adverse benefit determination, including the right of the enrollee to be provided upon request and free of charge, reasonable access to and copies of all documents, records, and other information relevant to the enrollee's adverse benefit determination. Such information includes medical necessity criteria, and any processes, strategies, or evidentiary standards used in setting coverage limits. The enrollee’s right to request an appeal of the MCO’s, PIHP’s, or PAHP’s adverse benefit determination, including information on exhausting the MCO’s, PIHP’s, or PAHP’s one level of appeal and the right to request a State review. The procedures for exercising the rights specified above under this assurance. The circumstances under which an appeal process can be expedited and how to request it. (42 CFR 457.1260, cross-referencing to 42 CFR 438.404(b)) 3.9.11
The State assures that the notice of an adverse benefit determination is provided in a timely manner in accordance with 42 CFR 457.1260. (42 CFR 457.1260, cross-referencing to 42 CFR 438.404(c))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-34
Effective Date: [07/01/18] 34 Approval Date____________/19 3.9.12
The State assures that MCOs, PIHPs, and PAHPs give enrollees reasonable assistance in completing forms and taking other procedural steps related to a grievance or appeal. This includes, but is not limited to, auxiliary aids and services upon request, such as providing interpreter services and toll-free numbers that have adequate TTY/TTD and interpreter capability. (42 CFR 457.1260, cross-referencing to 42 CFR 438.406(a)) 3.9.13 The state makes the following assurances related to MCO, PIHP, and PAHP processes for handling enrollee grievances and appeals: Individuals who make decisions on grievances and appeals were neither involved in any previous level of review or decision-making nor a subordinate of any such individual. Individuals who make decisions on grievances and appeals, if deciding any of the following, are individuals who have the appropriate clinical expertise in treating the enrollee’s condition or disease: An appeal of a denial that is based on lack of medical necessity. A grievance regarding denial of expedited resolution of an appeal. A grievance or appeal that involves clinical issues. All comments, documents, records, and other information submitted by the enrollee or their representative will be taken into account, without regard to whether such information was submitted or considered in the initial adverse benefit determination. Enrollees have a reasonable opportunity, in person and in writing, to present evidence and testimony and make legal and factual arguments. Enrollees are provided the enrollee’s case file, including medical records, other documents and records, and any new or additional evidence considered, relied upon, or generated by the MCO, PIHP or PAHP (or at the direction of the MCO, PIHP or PAHP) in connection with the appeal of the adverse benefit determination. This information must be provided free of charge and sufficiently in advance of the resolution timeframe for appeals. The enrollee and his or her representative or the legal representative of a deceased enrollee’s estate are included as parties to the appeal. (42 CFR 457.1260, cross-referencing to 42 CFR 438.406(b)) 3.9.14
The State assures that standard grievances are resolved (including notice to the affected parties) within 90 calendar days from the day the MCO, PIHP, or PAHP receives the grievance. (42 CFR 457.1260, cross-referencing to 42 CFR 438.408(b))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-35
Effective Date: [07/01/18] 35 Approval Date____________/19 3.9.15
The State assures that standard appeals are resolved (including notice to the affected parties) within 30 calendar days from the day the MCO, PIHP, or PAHP receives the appeal. The MCO, PIHP, or PAHP may extend the timeframe by up to 14 calendar days if the enrollee requests the extension or the MCO, PIHP, or PAHP shows that there is need for additional information and that the delay is in the enrollee’s interest. (42 CFR 457.1260, cross- referencing to 42 CFR 42 CFR 438.408(b) and (c)) 3.9.16
The State assures that each MCO, PIHP, and PAHP establishes and maintains an expedited review process for appeals that is no longer than 72 hours after the MCO, PIHP, or PAHP receives the appeal. The expedited review process applies when the MCO, PIHP, or PAHP determines (for a request from the enrollee) or the provider indicates (in making the request on the enrollee's behalf or supporting the enrollee’s request) that taking the time for a standard resolution could seriously jeopardize the enrollee’s life, physical or mental health, or ability to attain, maintain, or regain maximum function. (42 CFR 457.1260, cross-referencing to 42 CFR 438.408(b) and (c), and 42 CFR 438.410(a)) 3.9.17
The State assures that if an MCO, PIHP, or PAHP denies a request for expedited resolution of an appeal, it transfers the appeal within the timeframe for standard resolution in accordance with 42 CFR 438.408(b)(2). (42 CFR 457.1260, cross-referencing to 42 CFR 438.410(c)(1)) 3.9.18
The State assures that if the MCO, PIHP, or PAHP extends the timeframes for an appeal not at the request of the enrollee or it denies a request for an expedited resolution of an appeal, it completes all of the following: Make reasonable efforts to give the enrollee prompt oral notice of the delay. Within 2 calendar days give the enrollee written notice of the reason for the decision to extend the timeframe and inform the enrollee of the right to file a grievance if he or she disagrees with that decision. Resolve the appeal as expeditiously as the enrollee's health condition requires and no later than the date the extension expires. (42 CFR 457.1260, cross-referencing to 42 CFR 438.408(c) and 42 CFR 438.410(c)) 3.9.19
The State assures that if an MCO, PIHP, or PAHP fails to adhere to the notice and timing requirements in this section, the enrollee is deemed to have exhausted the MCO’s, PIHP’s, or PAHP’s appeals process and the enrollee may initiate a State review. (42 CFR 457.1260, cross-referencing to 42 CFR 438.408(c)(3))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-36
Effective Date: [07/01/18] 36 Approval Date____________/19 3.9.20
The State assures that has established a method that an MCO, PIHP, and PAHP will use to notify an enrollee of the resolution of a grievance and ensure that such methods meet, at a minimum, the standards described at 42 CFR 438.10. (42 CFR 457.1260, cross referencing to 42 CFR 457.408(d)(1)) 3.9.21
For all appeals, the State assures that each contracted MCO, PIHP, and PAHP provides written notice of resolution in a format and language that, at a minimum, meet the standards described at 42 CFR 438.10. The notice of resolution includes at least the following items: The results of the resolution process and the date it was completed; and For appeals not resolved wholly in favor of the enrollees: o The right to request a State review, and how to do so. o The right to request and receive benefits while the hearing is pending, and how to make the request. o That the enrollee may, consistent with State policy, be held liable for the cost of those benefits if the hearing decision upholds the MCO’s, PIHP’s, or PAHP’s adverse benefit determination. (42 CFR 457.1260, cross referencing to 42 CFR 457.408(d)(2)(i) and (e))
3.9.22
For notice of an expedited resolution, the State assures that each contracted MCO, PIHP, or PAHP makes reasonable efforts to provide oral notice, in addition to the written notice of resolution. (42 CFR 457.1260, cross referencing to 42 CFR 457.408(d)(2)(ii)) 3.9.23
The State assures that if it offers an external medical review: The review is at the enrollee’s option and is not required before or used as a deterrent to proceeding to the State review; The review is independent of both the State and MCO, PIHP, or PAHP; and The review is offered without any cost to the enrollee. (42 CFR 457.1260, cross-referencing to 42 CFR 438.408(f)) 3.9.24
The State assures that MCOs, PIHPs, and PAHPs do not take punitive action against providers who request an expedited resolution or support an enrollee's appeal. (42 CFR 457.1260, cross-referencing to 42 CFR 438.410(b)) 3.9.25
The State assures that MCOs, PIHPs, or PAHPs must provide information specified in 42 CFR 438.10(g)(2)(xi) about the grievance and appeal system to all providers and subcontractors at the time they enter into a contract. This includes: The right to file grievances and appeals; The requirements and timeframes for filing a grievance or appeal;
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-37
Effective Date: [07/01/18] 37 Approval Date____________/19 The availability of assistance in the filing process; The right to request a State review after the MCO, PIHP or PAHP has made a determination on an enrollee's appeal which is adverse to the enrollee; and The fact that, when requested by the enrollee, benefits that the MCO, PIHP, or PAHP seeks to reduce or terminate will continue if the enrollee files an appeal or a request for State review within the timeframes specified for filing, and that the enrollee may, consistent with State policy, be required to pay the cost of services furnished while the appeal or State review is pending if the final decision is adverse to the enrollee. (42 CFR 457.1260, cross-referencing to 42 CFR 438.414) 3.9.26
The State assures that it requires MCOs, PIHPs, and PAHPs to maintain records of grievances and appeals and reviews the information as part of its ongoing monitoring procedures, as well as for updates and revisions to the State quality strategy. The record must be accurately maintained in a manner accessible to the state and available upon request to CMS. (42 CFR 457.1260, cross-referencing to 42 CFR 438.416) 3.9.27
The State assures that if the MCO, PIHP, or PAHP, or the State review officer reverses a decision to deny, limit, or delay services that were not furnished while the appeal was pending, the MCO, PIHP, or PAHP must authorize or provide the disputed services promptly and as expeditiously as the enrollee's health condition requires but no later than 72 hours from the date it receives notice reversing the determination. (42 CFR 457.1260, cross-referencing to 42 CFR 438.424(a)) 3.10 Program Integrity Guidance: The State should complete Section 11 (Program Integrity) in addition to Section 3.10. Guidance: Only States with MCOs, PIHPs, or PAHPs need to answer the first seven assurances (3.10.1 through 3.10.7). 3.10.1 The State assures that any entity seeking to contract as an MCO, PIHP, or PAHP under a separate child health program has administrative and management arrangements or procedures designed to safeguard against fraud and abuse, including:
Enforcing MCO, PIHP, and PAHP compliance with all applicable Federal and State statutes, regulations, and standards;
Prohibiting MCOs, PIHPs, or PAHPs from conducting any unsolicited personal contact with a potential enrollee by an employee or agent of the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-38
Effective Date: [07/01/18] 38 Approval Date____________/19 MCO, PAHP, or PIHP for the purpose of influencing the individual to enroll with the entity; and
Including a mechanism for MCOs, PIHPs, and PAHPs to report to the State, to CMS, or to the Office of Inspector General (OIG) as appropriate, information on violations of law by subcontractors, providers, or enrollees of an MCO, PIHP, or PAHP and other individuals. (42 CFR 457.1280)
3.10.2
The State assures that it has in effect safeguards against conflict of interest on the part of State and local officers and employees and agents of the State who have responsibilities relating to the MCO, PIHP, or PAHP contracts or enrollment processes described in 42 CFR 457.1210(a). (42 CFR 457.1214, cross referencing 42 CFR 438.58) 3.10.3
The State assures that it periodically, but no less frequently than once every 3 years, conducts, or contracts for the conduct of, an independent audit of the accuracy, truthfulness, and completeness of the encounter and financial data submitted by, or on behalf of, each MCO, PIHP or PAHP. (42 CFR 457.1285, cross referencing 42 CFR 438.602(e)) 3.10.4
The State assures that it requires MCOs, PIHPs, PAHPs, and or subcontractors (only to the extent that the subcontractor is delegated responsibility by the MCO, PIHP, or PAHP for coverage of services and payment of claims) implement and maintain arrangements or procedures that are designed to detect and prevent fraud, waste, and abuse. The arrangements or procedures must include the following: A compliance program that include all of the elements described in 42 CFR 438.608(a)(1); Provision for prompt reporting of all overpayments identified or recovered, specifying the overpayments due to potential fraud, to the State; Provision for prompt notification to the State when it receives information about changes in an enrollee’s circumstances that may affect the enrollee's eligibility; Provision for notification to the State when it receives information about a change in a network provider’s circumstances that may affect the network provider's eligibility to participate in the managed care program, including the termination of the provider agreement with the MCO, PIHP or PAHP; Provision for a method to verify, by sampling or other methods, whether services that have been represented to have been delivered by network providers were received by enrollees and the application of such verification processes on a regular basis;
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-39
Effective Date: [07/01/18] 39 Approval Date____________/19 In the case of MCOs, PIHPs, or PAHPs that make or receive annual payments under the contract of at least $5,000,000, provision for written policies for all employees of the entity, and of any contractor or agent, that provide detailed information about the False Claims Act and other Federal and State laws described in section 1902(a)(68) of the Act, including information about rights of employees to be protected as whistleblowers; Provision for the prompt referral of any potential fraud, waste, or abuse that the MCO, PIHP, or PAHP identifies to the State Medicaid/CHIP program integrity unit or any potential fraud directly to the State Medicaid Fraud Control Unit; and Provision for the MCO’s, PIHP’s, or PAHP’s suspension of payments to a network provider for which the State determines there is a credible allegation of fraud in accordance with 42 CFR 455.23. (42 CFR 457.1285, cross referencing 42 CFR 438.608(a)) 3.10.5
The State assures that each MCO, PIHP, or PAHP requires and has a mechanism for a network provider to report to the MCO, PIHP or PAHP when it has received an overpayment, to return the overpayment to the MCO, PIHP or PAHP within 60 calendar days after the date on which the overpayment was identified, and to notify the MCO, PIHP or PAHP in writing of the reason for the overpayment. (42 CFR 457.1285, cross referencing 42 CFR 438.608(d)(2)) 3.10.6
The State assures that each MCO, PIHP, or PAHP reports annually to the State on their recoveries of overpayments. (42 CFR 457.1285, cross referencing 42 CFR 438.608(d)(3)) 3.10.7
The State assures that it screens and enrolls, and periodically revalidates, all network providers of MCOs, PIHPs, and PAHPs, in accordance with the requirements of part 455, subparts B and E. This requirement also extends to PCCMs and PCCM entities to the extent that the primary care case manager is not otherwise enrolled with the State to provide services to fee-for-service beneficiaries. (42 CFR 457.1285, cross referencing 42 CFR 438.602(b)(1) and 438.608(b)) 3.10.8
The State assures that it reviews the ownership and control disclosures submitted by the MCO, PIHP, PAHP, PCCM or PCCM entity, and any subcontractors. (42 CFR 457.1285, cross referencing 42 CFR 438.602(c)) 3.10.9
The State assures that it confirms the identity and determines the exclusion status of the MCO, PIHP, PAHP, PCCM or PCCM entity, any subcontractor, as well as any person with an ownership or control interest, or who is an agent or managing employee of the MCO, PIHP, PAHP, PCCM or PCCM entity through routine checks of Federal databases. If the State finds a party that is
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-40
Effective Date: [07/01/18] 40 Approval Date____________/19 excluded, the State promptly notifies the MCO, PIHP, PAHP, PCCM, or PCCM entity and takes action consistent with 42 CFR 438.610(c). (42 CFR 457.1285, cross referencing 42 CFR 438.602(d)) 3.10.10
The State assures that it receives and investigates information from whistleblowers relating to the integrity of the MCO, PIHP, PAHP, PCCM, or PCCM entity, subcontractors, or network providers receiving Federal funds under this part. (42 CFR 457.1285, cross referencing 42 CFR 438.602(f)) 3.10.11
The State assures that MCOs, PIHPs, PAHPs, PCCMs, or PCCM entities with which the State contracts are not located outside of the United States and that no claims paid by an MCO, PIHP, or PAHP to a network provider, out-of- network provider, subcontractor or financial institution located outside of the U.S. are considered in the development of actuarially sound capitation rates. (42 CFR 457.1285, cross referencing to 42 CFR 438.602(i); Section 1902(a)(80) of the Social Security Act) 3.10.12 The State assures that MCOs, PIHPs, PAHPs, PCCMs, and PCCM entities submit to the State the following data, documentation, and information:
Encounter data in the form and manner described in 42 CFR 438.818.
Data on the basis of which the State determines the compliance of the MCO, PIHP, or PAHP with the medical loss ratio requirement described in 42 CFR 438.8.
Data on the basis of which the State determines that the MCO, PIHP or PAHP has made adequate provision against the risk of insolvency as required under 42 CFR 438.116.
Documentation described in 42 CFR 438.207(b) on which the State bases its certification that the MCO, PIHP or PAHP has complied with the State’s requirements for availability and accessibility of services, including the adequacy of the provider network, as set forth in 42 CFR 438.206.
Information on ownership and control described in 42 CFR 455.104 of this chapter from MCOs, PIHPs, PAHPs, PCCMs, PCCM entities, and subcontractors as governed by 42 CFR 438.230.
The annual report of overpayment recoveries as required in 42 CFR 438.608(d)(3). (42 CFR 457.1285, cross referencing 42 CFR 438.604(a))
3.10.13 The State assures that:
It requires that the data, documentation, or information submitted in accordance with 42 CFR 457.1285, cross referencing 42 CFR 438.604(a), is certified in a manner that the MCO’s, PIHP’s, PAHP’s, PCCM’s, or PCCM entity’s Chief Executive Officer or Chief Financial
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-41
Effective Date: [07/01/18] 41 Approval Date____________/19 Officer is ultimately responsible for the certification. (42 CFR 457.1285, cross referencing 42 CFR 438.606(a))
It requires that the certification includes an attestation that, based on best information, knowledge, and belief, the data, documentation, and information specified in 42 CFR 438.604 are accurate, complete, and truthful. (42 CFR 457.1285, cross referencing 42 CFR 438.606(b)); and
It requires the MCO, PIHP, PAHP, PCCM, or PCCM entity to submit the certification concurrently with the submission of the data, documentation, or information required in 42 CFR 438.604(a) and (b). (42 CFR 457.1285, cross referencing 42 CFR 438.604(c))
3.10.14
The State assures that each MCO, PIHP, PAHP, PCCM, PCCM entity, and any subcontractors provides: written disclosure of any prohibited affiliation under 42 CFR 438.610, written disclosure of and information on ownership and control required under 42 CFR 455.104, and reports to the State within 60 calendar days when it has identified the capitation payments or other payments in excess of amounts specified in the contract. (42 CFR 457.1285, cross referencing 42 CFR 438.608(c)) 3.10.15
The State assures that services are provided in an effective and efficient manner. (Section 2101(a)) 3.10.16
The State assures that it operates a Web site that provides: The documentation on which the State bases its certification that the MCO, PIHP or PAHP has complied with the State’s requirements for availability and accessibility of services; Information on ownership and control of MCOs, PIHPs, PAHPs, PCCMs, PCCM entities, and subcontractors; and The results of any audits conducted under 42 CFR 438.602(e). (42 CFR 457.1285, cross-referencing to 42 CFR 438.602(g)). 3.11 Sanctions Guidance: Only States with MCOs need to answer the next three assurances (3.11.1 through 3.11.3).
Intermediate sanctions are defined at 42 CFR 438.702(a)(4) as: (1) Civil money penalties; (2) Appointment of temporary management (for an MCO); (3) Granting enrollees the right to terminate enrollment without cause; (4) Suspension of all new enrollment; and (5) Suspension of payment for beneficiaries.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-42
Effective Date: [07/01/18] 42 Approval Date____________/19 3.11.1
The State assures that it has established intermediate sanctions that it may impose if it makes the determination that an MCO has acted or failed to act in a manner specified in 438.700(b)-(d). (42 CFR 457.1270, cross referencing 42 CFR 438.700) 3.11.2
The State assures that it will impose temporary management if it finds that an MCO has repeatedly failed to meet substantive requirements of part 457 subpart L. (42 CFR 457.1270, cross referencing 42 CFR 438.706(b)) 3.11.3
The State assures that if it imposes temporary management on an MCO, the State allows enrollees the right to terminate enrollment without cause and notifies the affected enrollees of their right to terminate enrollment. (42 CFR 457.1270, cross referencing 42 CFR 438.706(b)) Guidance: Only states with PCCMs, or PCCM entities need to answer the next assurance (3.11.4). 3.11.4 Does the State establish intermediate sanctions for PCCMs or PCCM entities? Yes No
Guidance: Only states with MCOs and states that answered yes to assurance 3.11.4 need to complete the next three assurances (3.11.5 through 3.11.7). 3.11.5
The State assures that before it imposes intermediate sanctions, it gives the affected entity timely written notice. (42 CFR 457.1270, cross referencing 42 CFR 438.710(a)) 3.11.6
The State assures that if it intends to terminate an MCO, PCCM, or PCCM entity, it provides a pre-termination hearing and written notice of the decision as specified in 42 CFR 438.710(b). If the decision to terminate is affirmed, the State assures that it gives enrollees of the MCO, PCCM or PCCM entity notice of the termination and information, consistent with 42 CFR 438.10, on their options for receiving CHIP services following the effective date of termination. (42 CFR 457.1270, cross referencing 42 CFR 438.710(b)) 3.11.7
The State assures that it will give CMS written notice that complies with 42 CFR 438.724 whenever it imposes or lifts a sanction for one of the violations listed in 42 CFR 438.700. (42 CFR 457.1270, cross referencing 42 CFR 438.724) 3.12 Quality Measurement and Improvement; External Quality Review
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-43
Effective Date: [07/01/18] 43 Approval Date____________/19 Guidance: The State should complete Sections 7 (Quality and Appropriateness of Care) and 9 (Strategic Objectives and Performance Goals and Plan Administration) in addition to Section 3.12. Guidance: States with MCO(s), PIHP(s), PAHP(s), or certain PCCM entity/ies (PCCM entities whose contract with the State provides for shared savings, incentive payments or other financial reward for improved quality outcomes - see 42 CFR 457.1240(f)) - should complete the applicable sub-sections for each entity type in this section, regarding 42 CFR 457.1240 and 1250. 3.12.1 Quality Strategy Guidance: All states with MCOs, PIHPs, PAHPs, PCCMs, or PCCM entities need to complete section 3.12.1. 3.12.1.1
The State assures that it will draft and implement a written quality strategy for assessing and improving the quality of health care and services furnished CHIP enrollees as described in 42 CFR 438.340(a). The quality strategy must include the following items: The State-defined network adequacy and availability of services standards for MCOs, PIHPs, and PAHPs required by 42 CFR 438.68 and 438.206 and examples of evidence-based clinical practice guidelines the State requires in accordance with 42 CFR 438.236; A description of: o The quality metrics and performance targets to be used in measuring the performance and improvement of each MCO, PIHP, and PAHP with which the State contracts, including but not limited to, the performance measures reported in accordance with 42 CFR 438.330(c); and o The performance improvement projects to be implemented in accordance with 42 CFR 438.330(d), including a description of any interventions the State proposes to improve access, quality, or timeliness of care for beneficiaries enrolled in an MCO, PIHP, or PAHP; Arrangements for annual, external independent reviews, in accordance with 42 CFR 438.350, of the quality outcomes and timeliness of, and access to, the services covered under each contract; A description of the State’s transition of care policy required under 42 CFR 438.62(b)(3); The State’s plan to identify, evaluate, and reduce, to the extent
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-44
Effective Date: [07/01/18] 44 Approval Date____________/19 practicable, health disparities based on age, race, ethnicity, sex, and primary language; For MCOs, appropriate use of intermediate sanctions that, at a minimum, meet the requirements of subpart I of 42 CFR Part 438; A description of how the State will assess the performance and quality outcomes achieved by each PCCM entity; The mechanisms implemented by the State to comply with 42 CFR 438.208(c)(1) (relating to the identification of persons with special health care needs); Identification of the external quality review (EQR)-related activities for which the State has exercised the option under 42 CFR 438.360 (relating to nonduplication of EQR-related activities), and explain the rationale for the State’s determination that the private accreditation activity is comparable to such EQR-related activities; Identification of which quality measures and performance outcomes the State will publish at least annually on the Web site required under 42 CFR 438.10(c)(3); and The State’s definition of a “significant change” for the purposes of updating the quality strategy under 42 CFR 438.340(c)(3)(ii). (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(b)) 3.12.1.2
The State assures that the goals and objectives for continuous quality improvement in the quality strategy are measurable and take into consideration the health status of all populations in the State served by the MCO, PIHP, and PAHP. (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(b)(2)) 3.12.1.3
The State assures that for purposes of the quality strategy, the State provides the demographic information for each CHIP enrollee to the MCO, PIHP or PAHP at the time of enrollment. (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(b)(6)) 3.12.1.4
The State assures that it will review and update the quality strategy as needed, but no less than once every 3 years. (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(c)(2)) 3.12.1.5
The State assures that its review and updates to the quality strategy will include an evaluation of the effectiveness of the quality strategy conducted within the previous 3 years and the recommendations provided pursuant to 42 CFR 438.364(a)(4). (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(c)(2)(i) and (iii)).
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-45
Effective Date: [07/01/18] 45 Approval Date____________/19 3.12.1.6
The State assures that it will submit to CMS: A copy of the initial quality strategy for CMS comment and feedback prior to adopting it in final; and A copy of the revised strategy whenever significant changes are made to the document, or whenever significant changes occur within the State’s CHIP program, including after the review and update required every 3 years. (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(c)(3)) 3.12.1.7
Before submitting the strategy to CMS for review, the State assures that when it drafts or revises the State’s quality strategy it will: Make the strategy available for public comment; and If the State enrolls Indians in the MCO, PIHP, or PAHP, consult with Tribes in accordance with the State’s Tribal consultation policy. (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(c)(1)) 3.12.1.8
The State assures that it makes the results of the review of the quality strategy (including the effectiveness evaluation) and the final quality strategy available on the Web site required under 42 CFR 438.10(c)(3). (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(c)(2)(ii) and (d)) 3.12.2 Quality Assessment and Performance Improvement Program 3.12.2.1 Quality Assessment and Performance Improvement Program: Measures and Projects Guidance: Only states with MCOs, PIHPs, or PAHPs need to complete the next two assurances (3.12.2.1.1 and 3.12.2.1.2). 3.12.2.1.1 The State assures that it requires that each MCO, PIHP, and PAHP establish and implement an ongoing comprehensive quality assessment and performance improvement program for the services it furnishes to its enrollees as provided in 42 CFR 438.330, except that the terms of 42 CFR 438.330(d)(4) (related to dual eligibles) do not apply. The elements of the assessment and program include at least: Standard performance measures specified by the State; Any measures and programs required by CMS (42 CFR 438.330(a)(2); Performance improvement projects that focus on clinical
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-46
Effective Date: [07/01/18] 46 Approval Date____________/19 and non-clinical areas, as specified in 42 CFR 438.330(d); Collection and submission of performance measurement data in accordance with 42 CFR 438.330(c); Mechanisms to detect both underutilization and overutilization of services; and Mechanisms to assess the quality and appropriateness of care furnished to enrollees with special health care needs, as defined by the State in the quality strategy under 42 CFR 457.1240(e) and Section 3.12.1 of this template). (42 CFR 457.1240(b), cross referencing to 42 CFR 438.330(b) and (c)(1))
Guidance: A State may request an exemption from including the performance measures or performance improvement programs established by CMS under 42 CFR 438.330(a)(2), by submitting a written request to CMS explaining the basis for such request. 3.12.2.1.2 The State assures that each MCO, PIHP, and PAHP’s performance improvement projects are designed to achieve significant improvement, sustained over time, in health outcomes and enrollee satisfaction. The performance improvement projects include at least the following elements: Measurement of performance using objective quality indicators; Implementation of interventions to achieve improvement in the access to and quality of care; Evaluation of the effectiveness of the interventions based on the performance measures specified in 42 CFR 438.330(d)(2)(i); and Planning and initiation of activities for increasing or sustaining improvement. (42 CFR 457.1240(b), cross referencing to 42 CFR 438.330(d)(2)) Guidance: Only states with a PCCM entity whose contract with the State provides for shared savings, incentive payments or other financial reward for improved quality outcomes need to complete the next assurance (3.12.2.1.3).
3.12.2.1.3 The State assures that it requires that each PCCM entity establishes and implements an ongoing comprehensive quality assessment and performance improvement program for the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-47
Effective Date: [07/01/18] 47 Approval Date____________/19 services it furnishes to its enrollees as provided in 42 CFR 438.330, except that the terms of 42 CFR 438.330(d)(4) (related to dual eligibles) do not apply. The assessment and program must include: Standard performance measures specified by the State; Mechanisms to detect both underutilization and overutilization of services; and Collection and submission of performance measurement data in accordance with 42 CFR 438.330(c). (42 CFR 457.1240(a) and (b), cross referencing to 42 CFR 438.330(b)(3) and (c)) 3.12.2.2 Quality Assessment and Performance Improvement Program: Reporting and Effectiveness Guidance: Only states with MCOs, PIHPs, or PAHPs need to complete Section 3.12.2.2. 3.12.2.2.1 The State assures that each MCO, PIHP, and PAHP reports on the status and results of each performance improvement project conducted by the MCO, PIHP, and PAHP to the State as required by the State, but not less than once per year. (42 CFR 457.1240(b), cross referencing to 42 CFR 438.330(d)(3)) 3.12.2.2.2 The State assures that it annually requires each MCO, PIHP, and PAHP to:
1) Measure and report to the State on its performance using the standard measures required by the State;
2) Submit to the State data specified by the State to calculate the MCO’s, PIHP’s, or PAHP’s performance using the standard measures identified by the State; or
3) Perform a combination of options (1) and (2) of this assurance. (42 CFR 457.1240(b), cross referencing to 42 CFR 438.330(c)(2))
3.12.2.2.3 The State assures that the State reviews, at least annually, the impact and effectiveness of the quality assessment and performance improvement program of each MCO, PIHP, PAHP and PCCM entity. The State’s review must include: The MCO’s, PIHP’s, PAHP’s, and PCCM entity’s performance on the measures on which it is required to report; and The outcomes and trended results of each MCO’s, PIHP’s,
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-48
Effective Date: [07/01/18] 48 Approval Date____________/19 and PAHP’s performance improvement projects. (42 CFR 457.1240(b), cross referencing to 42 CFR 438.330(e)(1)) 3.12.3 Accreditation Guidance: Only states with MCOs, PIHPs, or PAHPs need to complete Section 3.12.3. 3.12.3.1
The State assures that it requires each MCO, PIHP, and PAHP to inform the state whether it has been accredited by a private independent accrediting entity, and, if the MCO, PIHP, or PAHP has received accreditation by a private independent accrediting agency, that the MCO, PIHP, and PAHP authorizes the private independent accrediting entity to provide the State a copy of its recent accreditation review that includes the MCO, PIHP, and PAHP’s accreditation status, survey type, and level (as applicable); accreditation results, including recommended actions or improvements, corrective action plans, and summaries of findings; and expiration date of the accreditation. (42 CFR 457.1240(c), cross referencing to 42 CFR 438.332(a) and (b)). 3.12.3.2
The State assures that it will make the accreditation status for each contracted MCO, PIHP, and PAHP available on the Web site required under 42 CFR 438.10(c)(3), including whether each MCO, PIHP, and PAHP has been accredited and, if applicable, the name of the accrediting entity, accreditation program, and accreditation level; and update this information at least annually. (42 CFR 457.1240(c), cross referencing to 42 CFR 438.332(c)) 3.12.4 Quality Rating Guidance: Only states with MCOs, PIHPs, or PAHPs need to complete Section 3.12.4.
The State assures that it will implement and operate a quality rating system that issues an annual quality rating for each MCO, PIHP, and PAHP, which the State will prominently display on the Web site required under 42 CFR 438.10(c)(3), in accordance with the requirements set forth in 42 CFR 438.334. (42 CFR 457.1240(d)) Guidance: States will be required to comply with this assurance within 3 years after CMS, in consultation with States and other Stakeholders and after providing public notice and opportunity for comment, has identified performance measures and a methodology for a Medicaid and CHIP managed care quality rating system in the Federal Register. 3.12.5 Quality Review
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-49
Effective Date: [07/01/18] 49 Approval Date____________/19 Guidance: All states with MCOs, PIHPs, PAHPs, PCCMs or PCCM entities need to complete Sections 3.12.5 and 3.12.5.1.
The State assures that each contract with a MCO, PIHP, PAHP, or PCCM entity requires that a qualified EQRO performs an annual external quality review (EQR) for each contracting MCO, PIHP, PAHP or PCCM entity, except as provided in 42 CFR 438.362. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.350(a)) 3.12.5.1 External Quality Review Organization 3.12.5.1.1 The State assures that it contracts with at least one external quality review organization (EQRO) to conduct either EQR alone or EQR and other EQR-related activities. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.356(a)) 3.12.5.1.2 The State assures that any EQRO used by the State to comply with 42 CFR 457.1250 must meet the competence and independence requirements of 42 CFR 438.354 and, if the EQRO uses subcontractors, that the EQRO is accountable for and oversees all subcontractor functions. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.354 and 42 CFR 438.356(b) through (d)) 3.12.5.2 External Quality Review-Related Activities Guidance: Only states with MCOs, PIHPs, or PAHPs need to complete the next three assurances (3.12.5.2.1 through 3.12.5.2.3). Under 42 CFR 457.1250(a), the State, or its agent or EQRO, must conduct the EQR- related activity under 42 CFR 438.358(b)(1)(iv) regarding validation of the MCO, PIHP, or PAHP’s network adequacy during the preceding 12 months; however, the State may permit its contracted MCO, PIHP, and PAHPs to use information from a private accreditation review in lieu of any or all the EQR-related activities under 42 CFR 438.358(b)(1)(i) through (iii) (relating to the validation of performance improvement projects, validation of performance measures, and compliance review). 3.12.5.2.1 The State assures that the mandatory EQR-related activities described in 42 CFR 438.358(b)(1)(i) through (iv) (relating to the validation of performance improvement projects, validation of performance measures, compliance review, and validation of network adequacy) will be conducted on all MCOs, PIHPs, or PAHPs. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.358(b)(1))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-50
Effective Date: [07/01/18] 50 Approval Date____________/19
3.12.5.2.2 The State assures that if it elects to use nonduplication for any or all of the three mandatory EQR-related activities described at 42 CFR 438.358(b)(1)(i) – (iii), the State will document the use of nonduplication in the State’s quality strategy. (42 CFR 457.1250(a), cross referencing 438.360, 438.358(b)(1)(i) through (b)(1)(iii), and 438.340) 3.12.5.2.3 The State assures that if the State elects to use nonduplication for any or all of the three mandatory EQR-related activities described at 42 CFR 438.358(b)(1)(i) – (iii), the State will ensure that all information from a Medicare or private accreditation review for an MCO, PIHP, or PAHP will be furnished to the EQRO for analysis and inclusion in the EQR technical report described in 42 CFR 438.364. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.360(b)) Guidance: Only states with PCCM entities need to complete the next assurance (3.12.5.2.4). 3.12.5.2.4 The State assures that the mandatory EQR-related activities described in 42 CFR 438.358(b)(2) (cross-referencing 42 CFR 438.358(b)(1)(ii) and (b)(1)(iii)) will be conducted on all PCCM entities, which include: Validation of PCCM entity performance measures required in accordance with 42 CFR 438.330(b)(2) or PCCM entity performance measures calculated by the State during the preceding 12 months; and A review, conducted within the previous 3-year period, to determine the PCCM entity’s compliance with the standards set forth in subpart D of 42 CFR part 438 and the quality assessment and performance improvement requirements described in 42 CFR 438.330. (42 CFR 457.1250(a), cross referencing to 438.358(b)(2))
3.12.5.3 External Quality Review Report Guidance: All states with MCOs, PIHPs, PAHPs, PCCMs or PCCM entities need to complete Sections 3.12.5.3. 3.12.5.3.1 The State assures that data obtained from the mandatory and optional, if applicable, EQR-related activities in 42 CFR 438.358 is used for the annual EQR to comply with 42 CFR
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-51
Effective Date: [07/01/18] 51 Approval Date____________/19 438.350 and must include, at a minimum, the elements in §438.364(a)(2)(i) through (iv). (42 CFR 457.1250(a), cross referencing to 42 CFR 438.358(a)(2))
3.12.5.3.2 The State assures that only a qualified EQRO will produce the EQR technical report (42 CFR 438.364(c)(1)).
3.12.5.3.3 The State assures that in order for the qualified EQRO to perform an annual EQR for each contracting MCO, PIHP, PAHP or PCCM entity under 42 CFR 438.350(a) that the following conditions are met: The EQRO has sufficient information to use in performing the review; The information used to carry out the review must be obtained from the EQR-related activities described in 42 CFR 438.358 and, if applicable, from a private accreditation review as described in 42 CFR 438.360; For each EQR-related activity (mandatory or optional), the information gathered for use in the EQR must include the elements described in 42 CFR 438.364(a)(2)(i) through (iv); and The information provided to the EQRO in accordance with 42 CFR 438.350(b) is obtained through methods consistent with the protocols established by the Secretary in accordance with 42 CFR 438.352. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.350(b) through (e)) 3.12.5.3.4 The State assures that the results of the reviews performed by a qualified EQRO of each contracting MCO, PIHP, PAHP, and PCCM entity are made available as specified in 42 CFR 438.364 in an annual detailed technical report that summarizes findings on access and quality of care. The report includes at least the following items: A description of the manner in which the data from all activities conducted in accordance with 42 CFR 438.358 were aggregated and analyzed, and conclusions were drawn as to the quality, timeliness, and access to the care furnished by the MCO, PIHP, PAHP, or PCCM entity (described in 42 CFR 438.310(c)(2)); For each EQR-related activity (mandatory or optional) conducted in accordance with 42 CFR 438.358: o Objectives;
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-52
Effective Date: [07/01/18] 52 Approval Date____________/19 o Technical methods of data collection and analysis; o Description of data obtained, including validated performance measurement data for each activity conducted in accordance with 42 CFR 438.358(b)(1)(i) and (ii); and o Conclusions drawn from the data; An assessment of each MCO’s, PIHP’s, PAHP’s, or PCCM entity’s strengths and weaknesses for the quality, timeliness, and access to health care services furnished to CHIP beneficiaries; Recommendations for improving the quality of health care services furnished by each MCO, PIHP, PAHP, or PCCM entity, including how the State can target goals and objectives in the quality strategy, under 42 CFR 438.340, to better support improvement in the quality, timeliness, and access to health care services furnished to CHIP beneficiaries; Methodologically appropriate, comparative information about all MCOs, PIHPs, PAHPs, and PCCM entities, consistent with guidance included in the EQR protocols issued in accordance with 42 CFR 438.352(e); and An assessment of the degree to which each MCO, PIHP, PAHP, or PCCM entity has addressed effectively the recommendations for quality improvement made by the EQRO during the previous year’s EQR. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.350(f) and 438.364(a)) 3.12.5.3.5 The State assures that it does not substantively revise the content of the final EQR technical report without evidence of error or omission. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(b)) 3.12.5.3.6 The State assures that it finalizes the annual EQR technical report by April 30 of each year. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(c)(1)) 3.12.5.3.7 The State assures that it posts the most recent copy of the annual EQR technical report on the Web site required under 42 CFR 438.10(c)(3) by April 30th of each year. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(c)(2)(i))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-53
Effective Date: [07/01/18] 53 Approval Date____________/19 3.12.5.3.8 The State assures that it provides printed or electronic copies of the information specified in 42 CFR 438.364(a) for the annual EQR technical report, upon request, to interested parties such as participating health care providers, enrollees and potential enrollees of the MCO, PIHP, PAHP, or PCCM, beneficiary advocacy groups, and members of the general public. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(c)(2)(ii)) 3.12.5.3.9 The State assures that it makes the information specified in 42 CFR 438.364(a) for the annual EQR technical report available in alternative formats for persons with disabilities, when requested. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(c)(3)) 3.12.5.3.10 The State assures that information released under 42 CFR 438.364 for the annual EQR technical report does not disclose the identity or other protected health information of any patient. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(d))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-54
Effective Date: [07/01/18] 54 Approval Date____________/19 Section 4. Eligibility Standards and Methodology
Guidance: States electing to use funds provided under Title XXI only to provide expanded eligibility under the State’s Medicaid plan or combination plan should check the appropriate box and provide the ages and income level for each eligibility group. If the State is electing to take up the option to expand Medicaid eligibility as allowed under section 214 of CHIPRA regarding lawfully residing, complete section 4.1-LR as well as update the budget to reflect the additional costs if the state will claim title XXI match for these children until and if the time comes that the children are eligible for Medicaid.
4.0.
Medicaid Expansion
4.0.1. Ages of each eligibility group and the income standard for that group:
Please see approved template effective January 1, 2014: CS3 (Eligibility for Medicaid Expansion Program).
4.1.
Separate Program Check all standards that will apply to the State plan. (42 CFR 457.305(a) and 457.320(a)) Please see approved template effective January 1, 2014: CS7 (Eligibility – Targeted Low-Income Children).
4.1.0 Describe how the State meets the citizenship verification requirements. Include whether or not State has opted to use SSA verification option.
Please see approved template effective January 1, 2014: CS18 (Non-Financial Eligibility - Citizenship).
4.1.1 Geographic area served by the Plan if less than Statewide:
Statewide.
4.1.2 Ages of each eligibility group, including unborn children and pregnant women (if applicable) and the income standard for that group:
Uninsured children from birth through age 18, from >143% through 200% FPL, are served in Virginia’s standalone CHIP program, Family Access to Medical Insurance Security (FAMIS).
Virginia offers the FAMIS MOMS program for pregnant women (through 60
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-55
Effective Date: [07/01/18] 55 Approval Date____________/19 days postpartum), through a CHIP 1115 demonstration waiver. FAMIS MOMS covers low-income pregnant women up to 200% FPL who do not qualify for Medicaid.
4.1.2.1-PC Age: through birth (SHO #02-004, issued November 12, 2002)
4.1.3 Income of each separate eligibility group (if applicable):
4.1.3.1-PC 0% of the FPL (and not eligible for Medicaid) through % of the FPL (SHO #02-004, issued November 12, 2002)
4.1.4 Resources of each separate eligibility group (including any standards relating to spend downs and disposition of resources):
4.1.5 Residency (so long as residency requirement is not based on length of time in state):
Eligible children must be Virginia residents. See approved template effective January 1, 2014: CS17 (Non-financial Eligibility – Residency).
4.1.6 Disability Status (so long as any standard relating to disability status does not restrict eligibility):
4.1.7 Access to or coverage under other health coverage:
Please see approved template effective January 1, 2014: CS7 (Eligibility – Targeted Low-Income Children).
4.1.8 Duration of eligibility, not to exceed 12 months:
Effective 08-01-03, enrollment is for 12 months, unless one of the following events occurs before the annual renewal: 1) an increase in gross monthly income to above 200% FPL; 2) a child moves out of state; 3) a child turns age 19; 4) the family requests cancellation; or 5) the family reports a change and the child is determined eligible for Medicaid. Families must report the following changes before the annual renewal: 1) an increase in gross monthly income or change in family size resulting in a family income above 200% FPL or 2) an enrolled child moving out of the Commonwealth of Virginia. If none of the above changes is reported, eligibility will be renewed annually.
Please see approved template effective October 1, 2013: CS24 (Eligibility
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-56
Effective Date: [07/01/18] 56 Approval Date____________/19 Process).
4.1.9 Other Standards- Identify and describe other standards for or affecting eligibility, including those standards in 457.310 and 457.320 that are not addressed above. For instance:
Guidance: States may only require the SSN of the child who is applying for coverage. If SSNs are required and the State covers unborn children, indicate that the unborn children are exempt from providing a SSN. Other standards include, but are not limited to presumptive eligibility and deemed newborns.
Children are eligible for FAMIS coverage as of the first day of the month in which a completed application is received at either the local department of social services in the locality where the child resides or electronically or telephonically through Cover Virginia. Effective 08-01-06, if a child enrolled in FAMIS is born within the three months prior to the month in which a signed application is received, coverage is effective retroactive to their date of birth if they would have met all eligibility criteria during that time. Children are not eligible for FAMIS if (1) they are an inmate of a public institution, (2) they are an inpatient in an institution for mental disease, or (3) their parent or other authorized representative does not meet the requirements on assignment of rights to benefits or cooperation with the agency in identifying and providing information to assist the Commonwealth in pursuing any liable third party. As of January 1, 2015, dependents of state employees able to access employer-sponsored dependent health insurance coverage under a Virginia state employee health insurance plan are eligible to enroll in FAMIS, if they otherwise qualify. See approved template effective January 1, 2015: CS10 (Eligibility – Children Who Have Access to Public Employee Coverage). The Commonwealth performed an analysis of public employee coverage costs for 2018-19, and confirms that the previously approved Hardship Exception still applies. See attachment, Hardship Exception Analysis 2018-19. See approved templates effective January 1, 2014: CS13 (Eligibility - Deemed Newborns); CS19 (Non Financial - Social Security Number); and CS23 (Other Eligibility Standards).
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-57
Effective Date: [07/01/18] 57 Approval Date____________/19 4.1.9.1
States should specify whether Social Security Numbers (SSN) are required.
Please see approved template effective January 1, 2014: CS19 (Non- Financial - Social Security Number).
Guidance: States should describe their continuous eligibility process and populations that can be continuously eligible.
4.1.9.2 Continuous eligibility
4.1-PW
Pregnant Women Option (section 2112)- The State includes eligibility for one or more populations of targeted low-income pregnant women under the plan. Describe the population of pregnant women that the State proposes to cover in this section. Include all eligibility criteria, such as those described in the above categories (for instance, income and resources) that will be applied to this population. Use the same reference number system for those criteria (for example, 4.1.1-P for a geographic restriction). Please remember to update sections 8.1.1-PW, 8.1.2-PW, and 9.10 when electing this option.
Guidance: States have the option to cover groups of “lawfully residing” children and/or pregnant women. States may elect to cover (1) “lawfully residing” children described at section 2107(e)(1)(J) of the Act; (2) “lawfully residing” pregnant women described at section 2107(e)(1)(J) of the Act; or (3) both. A state electing to cover children and/or pregnant women who are considered lawfully residing in the U.S. must offer coverage to all such individuals who meet the definition of lawfully residing, and may not cover a subgroup or only certain groups. In addition, states may not cover these new groups only in CHIP, but must also extend the coverage option to Medicaid. States will need to update their budget to reflect the additional costs for coverage of these children. If a State has been covering these children with State only funds, it is helpful to indicate that so CMS understands the basis for the enrollment estimates and the projected cost of providing coverage. Please remember to update section 9.10 when electing this option.
4.1- LR
Lawfully Residing Option (Sections 2107(e)(1)(J) and 1903(v)(4)(A); (CHIPRA # 17, SHO # 10-006 issued July 1, 2010) Check if the State is electing the option under section 214 of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA) regarding lawfully residing to provide coverage to the following otherwise eligible pregnant women and children as specified below who are lawfully residing in the United States including the following: A child or pregnant woman shall be considered lawfully present if he or she is:
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-58
Effective Date: [07/01/18] 58 Approval Date____________/19 (1) A qualified alien as defined in section 431 of PRWORA (8 U.S.C. §1641); (2) An alien in nonimmigrant status who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission; (3) An alien who has been paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. §1182(d)(5)) for less than 1 year, except for an alien paroled for prosecution, for deferred inspection or pending removal proceedings; (4) An alien who belongs to one of the following classes: (i) Aliens currently in temporary resident status pursuant to section 210 or 245A of the INA (8 U.S.C. §§1160 or 1255a, respectively); (ii) Aliens currently under Temporary Protected Status (TPS) pursuant to section 244 of the INA (8 U.S.C. §1254a), and pending applicants for TPS who have been granted employment authorization; (iii) Aliens who have been granted employment authorization under 8 CFR 274a.12(c)(9), (10), (16), (18), (20), (22), or (24); (iv) Family Unity beneficiaries pursuant to section 301 of Pub. L. 101- 649, as amended; (v) Aliens currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President; (vi) Aliens currently in deferred action status; or (vii) Aliens whose visa petition has been approved and who have a pending application for adjustment of status; (5) A pending applicant for asylum under section 208(a) of the INA (8 U.S.C. § 1158) or for withholding of removal under section 241(b)(3) of the INA (8 U.S.C. § 1231) or under the Convention Against Torture who has been granted employment authorization, and such an applicant under the age of 14 who has had an application pending for at least180 days; (6) An alien who has been granted withholding of removal under the Convention Against Torture; (7) A child who has a pending application for Special Immigrant Juvenile status as described in section 101(a)(27)(J) of the INA (8 U.S.C. §1101(a)(27)(J)); (8) An alien who is lawfully present in the Commonwealth of the Northern Mariana Islands under 48 U.S.C. § 1806(e); or (9) An alien who is lawfully present in American Samoa under the immigration laws of American Samoa.
Elected for pregnant women. Please refer to CHIP 1115
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-59
Effective Date: [07/01/18] 59 Approval Date____________/19 Demonstration amendment Elected for children under age 19
Please see template CS18 (Citizenship).
4.1.1-LR The State provides assurance that for an individual whom it enrolls in Medicaid under the CHIPRA Lawfully Residing option, it has verified, at the time of the individual’s initial eligibility determination and at the time of the eligibility redetermination, that the individual continues to be lawfully residing in the United States. The State must first attempt to verify this status using information provided at the time of initial application. If the State cannot do so from the information readily available, it must require the individual to provide documentation or further evidence to verify satisfactory immigration status in the same manner as it would for anyone else claiming satisfactory immigration status under section 1137(d) of the Act.
4.1-DS
Supplemental Dental (Section 2103(c)(5) - A child who is eligible to enroll in dental- only supplemental coverage, effective January 1, 2009. Eligibility is limited to only targeted low-income children who are otherwise eligible for CHIP but for the fact that they are enrolled in a group health plan or health insurance offered through an employer. The State’s CHIP plan income eligibility level is at least the highest income eligibility standard under its approved State child health plan (or under a waiver) as of January 1, 2009. All who meet the eligibility standards and apply for dental-only supplemental coverage shall be provided benefits. States choosing this option must report these children separately in SEDS. Please update sections 1.1-DS, 4.2-DS, and 9.10 when electing this option.
4.2. Assurances The State assures by checking the box below that it has made the following findings with respect to the eligibility standards in its plan: (Section 2102(b)(1)(B) and 42 CFR 457.320(b))
4.2.1. These standards do not discriminate on the basis of diagnosis.
4.2.2. Within a defined group of covered targeted low-income children, these
standards do not cover children of higher income families without covering
children with a lower family income. This applies to pregnant women
included in the State plan as well as targeted low-income children.
4.2.3. These standards do not deny eligibility based on a child having a pre-
existing medical condition. This applies to pregnant women as well as
targeted low-income children.
4.2-DS Supplemental Dental - Please update sections 1.1-DS, 4.1-DS, and 9.10 when electing this option. For dental-only supplemental coverage, the State assures that it has made
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-60
Effective Date: [07/01/18] 60 Approval Date____________/19 the following findings with standards in its plan: (Section 2102(b)(1)(B) and 42 CFR 457.320(b))
4.2.1-DS These standards do not discriminate on the basis of diagnosis.
4.2.2-DS Within a defined group of covered targeted low-income children, these
standards do not cover children of higher income families without
covering children with a lower family income.
4.2.3-DS These standards do not deny eligibility based on a child having a pre-
existing medical condition.
4.3. Methodology. Describe the methods of establishing and continuing eligibility and enrollment. The description should address the procedures for applying the eligibility standards, the organization and infrastructure responsible for making and reviewing eligibility determinations, and the process for enrollment of individuals receiving covered services, and whether the State uses the same application form for Medicaid and/or other public benefit programs. (Section 2102)(b)(2)) (42CFR, 457.350)
Prior to October 2013, Virginia had a single child health insurance application form. Effective October 1, 2013, Virginia began accepting the new MAGI single streamlined application telephonically and electronically. This application is used for both the Medicaid and FAMIS programs.
Changes to the Medicaid and FAMIS eligibility methodology aligned with the federal open enrollment period of October 1, 2013. DMAS modified an existing contract with Xerox (now Conduent) to launch the Cover Virginia Call Center to accept the single streamlined application used to make determinations of eligibility and enrollment in all insurance affordability programs. This call center supports electronic and telephonic application and signature. The call center answers eligibility and covered services questions for the general Medicaid and FAMIS population. The Cover Virginia website (www.coverva.org) went live to provide users a self-directed eligibility screener, based on MAGI methodologies, and a link to an online application.
Beginning with renewals due in April 2014, FAMIS cases were converted monthly into the new eligibility system, renewed by the LDSS where the child resides, and maintained by the LDSS where the child resides. Steps were taken in 2014 to bring up a new Central Processing Unit function through Cover Virginia, using the state’s new eligibility system for determinations of eligibility for MAGI cases. This process is monitored by co-located state staff. Cover Virginia now processes telephonic and FFM applications.
FAMIS and Medicaid cases are reviewed annually to determine continued eligibility. At the time of redetermination and/or renewal, a child found ineligible
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-61
Effective Date: [07/01/18] 61 Approval Date____________/19 for either Medicaid or FAMIS will have his eligibility automatically determined in the other program. The ex parte renewal process is used for the majority of Medicaid and FAMIS MAGI cases. In instances where that is not possible, the family is mailed a pre-filled renewal packet with instructions to either call Cover Virginia or go to CommonHelp (state online portal) to complete their renewal or review and return the paper document to their local department of social services.
No Entitlement: In accordance with § 2102(b)(4) of the Social Security Act and § 32.1-353 of the Code of Virginia, the Family Access to Medical Insurance Security Plan shall not create any individual entitlement for payment of medical services or any right or entitlement to participation.
Beginning January 1, 2017, in the event that all or a portion of the Commonwealth is declared a disaster area by the Governor or FEMA, the Virginia FAMIS program, in consultation with the Departments of Health and Social Services, will have the option of extending the renewal grace period an additional 90 days for families living and/or working in the affected disaster area during the time of the disaster.
DMAS will notify CMS in the event of a declared disaster and Virginia’s intent to implement this policy modification. The CMS notification will include the intent to modify the renewal process, the areas affected by the disaster, and the effective dates of the policy modification. The next twelve-month continuous eligibility period will begin the month after the renewal completion date.
Please see the approved template CS24 and associated attachments. See also approved templates effective January 1, 2014: CS13 (Deemed Newborns) and CS15 (MAGI-Based Income Methodologies).
Guidance: The box below should be checked as related to children and pregnant women. Please note: A State providing dental-only supplemental coverage may not have a waiting list or limit eligibility in any way.
4.3.1. Limitation on Enrollment Describe the processes, if any, that a State will use for instituting enrollment caps, establishing waiting lists, and deciding which children will be given priority for enrollment. If this section does not apply to your state, check the box below. (Section 2102(b)(2)) (42CFR, 457.305(b))
Check here if this section does not apply to your State.
Guidance: Note that for purposes of presumptive eligibility, States do not need to verify
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-62
Effective Date: [07/01/18] 62 Approval Date____________/19 the citizenship status of the child. States electing this option should indicate so in the State plan. (42 CFR 457.355)
4.3.2. Check if the State elects to provide presumptive eligibility for children that meets the requirements of section 1920A of the Act. (Section 2107(e)(1)(L)); (42 CFR 457.355)
Guidance: Describe how the State intends to implement the Express Lane option. Include information on the identified Express Lane agency or agencies, and whether the State will be using the Express Lane eligibility option for the initial eligibility determinations, redeterminations, or both.
4.3.3-EL Express Lane Eligibility Check here if the state elects the option to rely on a finding from an Express Lane agency when determining whether a child satisfies one or more components of CHIP eligibility. The state agrees to comply with the requirements of sections 2107(e)(1)(E) and 1902(e)(13) of the Act for this option. Please update sections 4.4-EL, 5.2-EL, 9.10, and 12.1 when electing this option. This authority may not apply to eligibility determinations made before February 4, 2009, or after September 30, 2013. (Section 2107(e)(1)(E))
4.3.3.1-EL Also indicate whether the Express Lane option is applied to (1) initial eligibility determination, (2) redetermination, or (3) both.
4.3.3.2-EL List the public agencies approved by the State as Express Lane agencies.
4.3.3.3-EL List the components/components of CHIP eligibility that are determined under the Express Lane. In this section, specify any differences in budget unit, deeming, income exclusions, income disregards, or other methodology between CHIP eligibility determinations for such children and the determination under the Express Lane option.
4.3.3.3-EL List the component/components of CHIP eligibility that are determined under the Express Lane.
4.3.3.4-EL Describe the option used to satisfy the screen and enrollment requirements before a child may be enrolled under title XXI.
Guidance: States should describe the process they use to screen and enroll children required under section 2102(b)(3)(A) and (B) of the Social Security Act and 42 CFR 457.350(a) and 457.80(c). Describe the screening threshold set as a percentage of the Federal poverty level (FPL) that exceeds the highest Medicaid income threshold
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-63
Effective Date: [07/01/18] 63 Approval Date____________/19 applicable to a child by a minimum of 30 percentage points. (NOTE: The State may set this threshold higher than 30 percentage points to account for any differences between the income calculation methodologies used by an Express Lane agency and those used by the State for its Medicaid program. The State may set one screening threshold for all children, based on the highest Medicaid income threshold, or it may set more than one screening threshold, based on its existing, age-related Medicaid eligibility thresholds.) Include the screening threshold(s) expressed as a percentage of the FPL, and provide an explanation of how this was calculated. Describe whether the State is temporarily enrolling children in CHIP, based on the income finding from an Express Lane agency, pending the completion of the screen and enroll process.
In this section, states should describe their eligibility screening process in a way that addresses the five assurances specified below. The State should consider including important definitions, the relationship with affected Federal, State and local agencies, and other applicable criteria that will describe the State’s ability to make assurances. (Sections 2102(b)(3)(A) and 2110(b)(2)(B)), (42 CFR 457.310(b)(2), 42CFR 457.350(a)(1) and 457.80(c)(3))
4.4. Eligibility screening and coordination with other health coverage programs States must describe how they will assure that:
4.4.1. Only targeted low-income children who are ineligible for Medicaid or not covered under a group health plan or health insurance (including access to a State health benefits plan) are furnished child health assistance under the plan. (Sections 2102(b)(3)(A), 2110(b)(2)(B)) (42 CFR 457.310(b), 42 CFR 457.350(a)(1) and 42 CFR 457.80(c)(3)) Confirm that the State does not apply a waiting period for pregnant women.
Please see template CS24 and associated attachments.
The application asks for employer information and whether children currently have health insurance. The screening question regarding access to state employee insurance was removed in accordance with the January 2015 policy change. All applications for child health insurance coverage are screened for completeness of information, the presence of other health insurance, verification of income, and Medicaid eligibility. Beginning January 1, 2014, children who will lose Medicaid due to changes in income at their first renewal applying MAGI standards will be provided coverage under FAMIS. See template CS14 (Eligibility – Children Ineligible for Medicaid as a Result of the Elimination of Income Disregards). Those children with employer-sponsored or private insurance have the option to enroll in the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-64
Effective Date: [07/01/18] 64 Approval Date____________/19 FAMIS Select program (administered through a CHIP Section 1115 demonstration), to avoid termination at their next annual eligibility review.
4.4.2. Children found through the screening process to be potentially eligible for medical assistance under the State Medicaid plan are enrolled for assistance under such plan; (Section 2102(b)(3)(B)) (42CFR 457.350(a)(2))
A single streamlined application and process facilitates eligibility determination and enrollment of children in the appropriate program, either Medicaid or FAMIS.
4.4.3. Children found through the screening process to be ineligible for Medicaid are enrolled in CHIP; (Sections 2102(a)(1) and (2) and 2102(c)(2)) (42 CFR 431.636(b)(4))
A single streamlined application and process facilitates eligibility determination and enrollment of children in the appropriate program, either Medicaid or FAMIS.
4.4.4. The insurance provided under the State child health plan does not substitute for coverage under group health plans. (Section 2102(b)(3)(C)) (42 CFR 457.805)
Only uninsured children shall be eligible for FAMIS. The single streamlined application requests information on health insurance coverage the child may have.
DMAS will conduct a focused survey of applicants every five years to determine the percentage of enrollees who have dropped employer- based health insurance for enrollment in FAMIS. See template effective July 2014: CS20 (Substitution of Coverage). Assignment of rights to medical support is a condition of eligibility.
4.4.4.1. (formerly 4.4.4.4) If the State provides coverage under a premium assistance program, describe: 1) the minimum period without coverage under a group health plan. This should include any allowable exceptions to the waiting period; 2) the expected minimum level of contribution employers will make; and 3) how cost-effectiveness is determined. (42 CFR 457.810(a)-(c))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-65
Effective Date: [07/01/18] 65 Approval Date____________/19 Virginia’s CHIP premium assistance program, FAMIS Select, is administered through a Section 1115 demonstration.
4.4.5. Child health assistance is provided to targeted low-income children in the State who are American Indian and Alaska Native. (Section 2102(b)(3)(D)) (42 CFR 457.125(a))
American Indian and Alaska Native children are eligible for FAMIS on the same basis as any other children in the Commonwealth, and are served statewide by Marketing and Outreach efforts. At this time Virginia has seven federally recognized Indian tribes. No cost sharing is imposed on American Indian and Alaska Native children.
Guidance: When the State is using an income finding from an Express Lane agency, the State must still comply with screen and enroll requirements before enrolling children in CHIP. The State may either continue its current screen and enroll process, or elect one of two new options to fulfill these requirements.
4.4-EL The State should designate the option it will be using to carry out screen and enroll
requirements:
The State will continue to use the screen and enroll procedures required under section 2102(b)(3)(A) and (B) of the Social Security Act and 42 CFR 457.350(a) and 42 CFR 457.80(c). Describe this process.
The State is establishing a screening threshold set as a percentage of the Federal poverty level (FPL) that exceeds the highest Medicaid income threshold applicable to a child by a minimum of 30 percentage points. (NOTE: The State may set this threshold higher than 30 percentage points to account for any differences between the income calculation methodologies used by the Express Lane agency and those used by the State for its Medicaid program. The State may set one screening threshold for all children, based on the highest Medicaid income threshold, or it may set more than one screening threshold, based on its existing, age-related Medicaid eligibility thresholds.) Include the screening threshold(s) expressed as a percentage of the FPL, and provide an explanation of how this was calculated.
The State is temporarily enrolling children in CHIP, based on the income finding from the Express Lane agency, pending the completion of the screen and enroll process.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 4-66
Effective Date: [07/01/18] 66 Approval Date____________/19
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-67
Effective Date: [07/01/18] 67 Approval Date____________/19 Section 5. Outreach and Coordination
5.1. (formerly 2.2) Describe the current State efforts to provide or obtain creditable health coverage for uninsured children by addressing sections 5.1.1 and 5.1.2. (Section 2102(a)(2)) (42 CFR 457.80(b))
Guidance: The information below may include whether the state elects express lane eligibility and a description of the State’s outreach efforts through Medicaid and state-only programs.
5.1.1. (formerly 2.2.1.) The steps the State is currently taking to identify and enroll all uninsured children who are eligible to participate in public health insurance programs (i.e., Medicaid and state-only child health insurance):
Prior to October 1, 2013, determinations of eligibility for the state child health insurance program, the Family Access to Medical Insurance Security (FAMIS) Plan (Title XXI), were completed at a Central Processing Unit or Local Department of Social Services (LDSS). The Central Processing Unit screened applicants for Medicaid eligibility prior to completing a FAMIS eligibility determination. LDSS determines eligibility for Medicaid first and then determines FAMIS eligibility for children denied Medicaid due to excess income. Families may apply by mail, by phone, fax or web; there is no requirement for a face-to-face interview.
In addition, many community groups have trained volunteers to help parents of potential Medicaid (Title XIX) and FAMIS (Title XXI) eligible individuals by answering questions and helping to complete applications and gather verifications needed to process cases.
Effective October 1, 2013, DMAS launched the Cover Virginia Call Center. This call center accepts the new MAGI single streamlined application and signature by telephone. At the same time, the existing Central Processing Unit stopped handling new applications for FAMIS. The call center answered eligibility and covered services questions for the general Medicaid and FAMIS population. The Cover Virginia website (www.coverva.org) also went live to provide users a self-directed eligibility screener, based on MAGI methodologies, and a link to an online application.
FAMIS provides comprehensive health benefits for children from birth through age 18 who are not covered under health insurance. Effective July 3, 2014, children no longer need a four-month uninsured waiting period to be eligible for FAMIS. Effective January 1, 2015, dependents of state employees who have access to subsidized health insurance may enroll in FAMIS. The application addresses specific questions about other current health insurance coverage.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-68
Effective Date: [07/01/18] 68 Approval Date____________/19
In April 2015, Cover Virginia began processing and determining eligibility for telephonic applications, again functioning as a Central Processing Unit. A family may contact Cover Virginia by phone or online to apply. Additionally, a paper application can be completed, signed, and returned via mail or fax to LDSS for determination of eligibility for Medicaid and FAMIS.
Expenditures for children who meet Medicaid eligibility criteria are claimed at the Commonwealth’s regular Medicaid FMAP. Effective 9/01/02, the Commonwealth began claiming enhanced funding for optional targeted low-income children who qualify under the Medicaid expansion. Expenditures for the children determined eligible under the Family Access to Medical Insurance Security Plan are claimed at the State’s enhanced FMAP.
No Entitlement: In accordance with § 2102(b)(4) of the Social Security Act (42 U.S.C. § 1397bb(b)(4)) and § 32.1-353 of the Code of Virginia, the Family Access to Medical Insurance Security Plan shall not create any individual entitlement for payment of medical services or any right or entitlement to participation.
Guidance: The State may address the coordination between the public-private outreach and the public health programs that is occurring statewide. This section will provide a historic record of the steps the State is taking to identify and enroll all uninsured children from the time the State’s plan was initially approved. States do not have to rewrite his section but may instead update this section as appropriate.
5.1.2. (formerly 2.2.2.) The steps the State is currently taking to identify and enroll all uninsured children who are eligible to participate in health insurance programs that involve a public-private partnership:
DMAS continues to work closely with its public/private contractor, the Virginia Health Care Foundation (VHCF), in coordinating local outreach efforts. Through VHCF, DMAS funds a number of community outreach organizations that provide FAMIS outreach and application assistance to families in underserved regions of the state. DMAS also provides funding to VHCF to administer the SignUpNow training workshops series, which trains community organizations and individuals who wish to assist families with the enrollment process.
Guidance: The State should describe below how its Title XXI program will closely coordinate the enrollment with Medicaid because under Title XXI, children identified as Medicaid- eligible are required to be enrolled in Medicaid. Specific information related to Medicaid screen and enroll procedures is requested in Section 4.4. (42 CFR 457.80(c))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-69
Effective Date: [07/01/18] 69 Approval Date____________/19
5.2. (formerly 2.3) Describe how CHIP coordinates with other public and private health insurance programs, other sources of health benefits coverage for children, other relevant child health programs (such as title V), that provide health care services for low-income children to increase the number of children with creditable health coverage. (Section 2102(a)(3), 2102(b)(3)(E) and 2102(c)(2) (42 CFR 457.80(c)). This item requires a brief overview of how Title XXI efforts – particularly new enrollment outreach efforts – will be coordinated with and improve upon existing State efforts.
The FAMIS program coordinates with the Virginia Department of Health, including Children’s Specialty Services and the Maternal and Child Health programs, with State teaching hospitals serving indigent families, and with local government health delivery programs which serve low income children. The Commonwealth’s goal is to provide all targeted low-income children with an accessible and comprehensive system of care that secures a medical home for children. This coordination is directed to ensuring that FAMIS does not supplant or replace existing programs. Rather, the goal of coordination is the close cooperation between these programs to enhance the health care resources available to low income children. DMAS, the single state agency that administers the Medicaid program, also administers FAMIS. Thus, Virginia ensures that the plan is closely coordinated with Medicaid in identifying and facilitating enrollment in the respective programs.
DMAS is responsible for the coordination of outreach and education efforts for all children whether they qualify for Medicaid or for FAMIS. Community-based organizations participating in this effort inform families about the programs and assist them with applying. The Cover Virginia Call Center provides customer service, assists callers with program information, selection of a managed care organization, and referrals to other sources of care if not eligible. Public programs that have established networks serving families who would meet either FAMIS or Medicaid’s income eligibility requirements are used as a resource in reaching eligible children.
In addition, through its many other committees comprised of non-agency membership (e.g., Board of Directors, Managed Care Advisory Committee, Provider Advisory Council, CHIP Advisory Committee), DMAS solicits input and advice from public and private entities on its programs.
5.2-EL The State should include a description of its election of the Express Lane eligibility option to provide a simplified eligibility determination process and expedited enrollment of eligible children into Medicaid or CHIP.
Guidance: Outreach strategies may include, but are not limited to, community outreach workers, outstationed eligibility workers, translation and transportation services, assistance with
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-70
Effective Date: [07/01/18] 70 Approval Date____________/19 enrollment forms, case management and other targeting activities to inform families of low-income children of the availability of the health insurance program under the plan or other private or public health coverage.
The description should include information on how the State will inform the target of the availability of the programs, including American Indians and Alaska Natives, and assist them in enrolling in the appropriate program.
5.3. Strategies. Describe the procedures used by the State to accomplish outreach to families of children likely to be eligible for child health assistance or other public or private health coverage to inform them of the availability of the programs, and to assist them in enrolling their children in such a program. (Section 2102(c)(1)) (42 CFR 457.90)
Pursuant to the 2004 amendment to § 32.1-351.2 of the Code of Virginia, DMAS has established the Children’s Health Insurance Program Advisory Committee (CHIPAC). The Committee consists of no more than 20 members and shall include membership from appropriate entities, as follows: one representative of the Joint Commission on Health Care, the Department of Social Services, the Department of Health, the Department of Education, the Department of Behavioral Health and Developmental Services, the Virginia Health Care Foundation, various provider associations and children’s advocacy groups; and other individuals with significant knowledge and interest in children’s health insurance. The Committee may report on the current status of FAMIS and FAMIS Plus and make recommendations as deemed necessary to the Director of the Department of Medical Assistance Services and the Secretary of Health and Human Resources. The Committee is staffed by DMAS Policy Planning and Innovation staff.
DMAS maintains Community Outreach staff to conduct statewide outreach, oversee campaigns, attend community events, sit on coalitions, and design and print flyers, brochures, posters, and other support materials in English and Spanish. This staff also oversees content for the Cover Virginia website and FAMIS and Cover Virginia Facebook pages and Twitter accounts. The marketing and outreach efforts promote FAMIS and Medicaid and may include the following:
Coordination with Other State Agencies -- Assistance is sought from other agencies, including Virginia’s Department of Education, Department of Health, and Department of Social Services to promote the program to potential new enrollees. Utilizing the highly successful annual Back to School Campaign in conjunction with the Free and Reduced School Lunch Program, school systems
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-71
Effective Date: [07/01/18] 71 Approval Date____________/19 are a primary vehicle for sending information home to parents about the FAMIS program. This campaign usually results in a 25% increase in applications during the month of September. In addition, State agencies are routinely educated and trained about the program, informed of any changes or new initiatives, and are provided with informational fact sheets, website links, and other materials.
Coordination with Other Community Based Organizations -- The Commonwealth actively encourages participation of a wide range of organizations, including, but not limited to, those organizations that target high concentrations of uninsured children. DMAS has partnered with a network of Community Based Organizations (CBO) to promote and facilitate enrollment of children in the FAMIS and Medicaid programs. DMAS will continue to build coalitions and infrastructure at the state and local level that will provide awareness and application assistance in both FAMIS and Medicaid. DMAS continues to work closely with its contractor, the Virginia Health Care Foundation, in coordinating local outreach efforts through various CBO that have expertise in providing outreach and application assistance, including translation services to reach eligible families with limited English speaking abilities. All outreach materials are available in both English and Spanish. DMAS continues to provide these organizations with the support and tools needed to reach these families.
Coordination with the Business Community -- DMAS will contact Virginia businesses and business associations to request their cooperation in enrolling employees’ children, sponsorship opportunities, advertising partnerships, and support of the State’s child health insurance programs. These groups will be provided with materials outlining the importance and benefits of the program so that they can make informed decisions on their ability and level of participation.
Coordination with the Health Care Associations and Providers -- The Commonwealth partners with health care associations and requests their cooperation in performing outreach for Virginia’s child health insurance programs. Outreach information is provided to health care associations and health care providers so that they can distribute FAMIS and Medicaid information to their members.
Cover Virginia Call Center -- Effective since October 2013, the Commonwealth, through a contractor, provides a call center with a toll-free number that provides general program information, assists callers with completing new and renewal applications, documents reported changes in status, provides status updates on pending applications, and helps enrollees with selecting a MCO as needed. On- line resources are available to support customer service representatives in assisting callers and making referrals to other programs. DMAS continues to
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-72
Effective Date: [07/01/18] 72 Approval Date____________/19 coordinate outreach efforts in conjunction with the call center and works to develop better outreach evaluation methods. The call center provides translation services for non-English-speaking callers in 148 of the most commonly spoken languages.
www.coverva.org -- This web site, in tandem with the Cover Virginia Call Center, provides program information as well as information about DMAS contracted MCOs. The site is a resource for consumers, navigators, and community partners. It provides information on eligibility, training for community partners who assist with enrollment, and an online portal where partners can order materials. The site provides an online eligibility screening tool using MAGI income methodologies, and if the user is found eligible, a link to the CommonHelp application. If the user is not eligible, information on other sources of care is available, as is a link to the FFM. The site is also a source of health information for populations served by public insurance.
FAMIS and Cover Virginia Facebook -- DMAS monitors and updates FAMIS and Cover Virginia Facebook and Cover Virginia Twitter accounts which were established to capitalize on social media as a method of communicating with applicants and enrollees. They serve as great tools for promoting current health- related messages to pregnant women and families with children.
The Commonwealth has not received any gifts or in-kind contributions from the business community to support the Commonwealth’s Child Health Insurance Program. Any gifts, donations, or in-kind contributions that have been provided have been given directly to the outreach efforts (as described above) or have been provided directly to the grantees providing/supporting the outreach efforts. As stated above, none of these funds are used to draw down the Title XXI federal match.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-73
Effective Date: [07/01/18] 73 Approval Date____________/19 Section 6. Coverage Requirements for Children’s Health Insurance
Check here if the State elects to use funds provided under Title XXI only to provide expanded eligibility under the State’s Medicaid plan and proceed to Section 7 since children covered under a Medicaid expansion program will receive all Medicaid covered services including EPSDT.
6.1. The state elects to provide the following forms of coverage to children: (Check all that apply.) (Section 2103(c)); (42 CFR 457.410(a))
6.1.1. Benchmark coverage; (Section 2103(a)(1) and 42 CFR 457.420) 6.1.1.1. FEHBP-equivalent coverage; (Section 2103(b)(1)) (42 CFR 457.420(a)) (If checked, attach copy of the plan.) 6.1.1.2. State employee coverage; (Section 2103(b)(2)) (If checked, identify the plan and attach a copy of the benefits description.) 6.1.1.3. HMO with largest insured commercial enrollment (Section 2103(b)(3)) (If checked, identify the plan and attach a copy of the benefits description.)
6.1.2. Benchmark-equivalent coverage; (Section 2103(a)(2) and 42 CFR 457.430) Specify the coverage, including the amount, scope and duration of each service, as well as any exclusions or limitations. Attach a signed actuarial report that meets the requirements specified in 42 CFR 457.431. See instructions.
6.1.3. Existing Comprehensive State-Based Coverage; (Section 2103(a)(3) and 42 CFR 457.440) This option is only applicable to New York, Florida, and Pennsylvania. Attach a description of the benefits package, administration, and date of enactment. If existing comprehensive state-based coverage is modified, provide an actuarial opinion documenting that the actuarial value of the modification is greater than the value as of August 5, 1997 or one of the benchmark plans. Describe the fiscal year 1996 state expenditures for existing comprehensive state-based coverage.
Guidance: Secretary-approved coverage refers to any other health benefits coverage deemed appropriate and acceptable by the Secretary upon application by a state. (Section 2103(a)(4)) (42 CFR 457.250)
6.1.4. Secretary-Approved Coverage. (Section 2103(a)(4)) (42 CFR 457.450) Guidance: Section 1905(r) of the Act defines EPSDT to require coverage of (1) any medically necessary screening, and diagnostic services, including
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-74
Effective Date: [07/01/18] 74 Approval Date____________/19 vision, hearing, and dental screening and diagnostic services, consistent with a periodicity schedule based on current and reasonable medical practice standards or the health needs of an individual child to determine if a suspected condition or illness exists; and (2) all services listed in section 1905(a) of the Act that are necessary to correct or ameliorate any defects and mental and physical illnesses or conditions discovered by the screening services, whether or not those services are covered under the Medicaid state plan. Section 1902(a)(43) of the Act requires that the State (1) provide and arrange for all necessary services, including supportive services, such as transportation, needed to receive medical care included within the scope of the EPSDT benefit and (2) inform eligible beneficiaries about the services available under the EPSDT benefit.
If the coverage provided does not meet all of the statutory requirements for EPSDT contained in sections 1902(a)(43) and 1905(r) of the Act, do not check this box.
6.1.4.1. Coverage of all benefits that are provided to children under the
Medicaid State plan, including Early Periodic Screening
Diagnosis and Treatment (EPSDT) 6.1.4.2. Comprehensive coverage for children under a Medicaid Section 1115 demonstration waiver 6.1.4.3. Coverage that the state has extended to the entire Medicaid
population
Guidance: Check below if the coverage offered includes benchmark coverage, as specified in § 457.420, plus additional coverage. Under this option, the State must clearly demonstrate that the coverage it provides includes the same coverage as the benchmark package, and also describes the services that are being added to the benchmark package.
6.1.4.4. Coverage that includes benchmark coverage plus additional coverage 6.1.4.5. Coverage that is the same as defined by existing comprehensive state-based coverage applicable only to New York, Pennsylvania, or Florida (under 457.440) 6.1.4.6. Coverage under a group health plan that is substantially equivalent to or greater than benchmark coverage through a benefit by benefit comparison (Please provide a sample of how the comparison will be done)
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-75
Effective Date: [07/01/18] 75 Approval Date____________/19 Guidance: Check below if the State elects to provide a source of coverage that is not described above. Describe the coverage that will be offered, including any benefit limitations or exclusions.
6.1.4.7. Other (Describe)
Secretary-approved coverage through a modified Title XIX look- alike (a fee-for-service component) is the delivery system provided for newly eligible children until they are enrolled in a MCO.
Secretary-approved coverage modeled after the state employee plan provides coverage using the Key Advantage Plan. This plan is the PPO option for state employees that was offered statewide in June 2000. Several enhanced benefits are added to the plan. The services under the Key Advantage Member Handbook are briefly outlined in the checklist in § 6.2. The enhanced benefits that are provided in addition to the Key Advantage Plan are listed at the end of this checklist. This coverage is provided for children enrolled in a MCO.
Guidance: All forms of coverage that the State elects to provide to children in its plan must be checked. The State should also describe the scope, amount and duration of services covered under its plan, as well as any exclusions or limitations. States that choose to cover unborn children under the State plan should include a separate section 6.2 that specifies benefits for the unborn child population. (Section 2110(a)) (42 CFR 457.490)
If the state elects to cover the new option of targeted low-income pregnant women, but chooses to provide a different benefit package for these pregnant women under the CHIP plan, the state must include a separate section 6.2 describing the benefit package for pregnant women. (Section 2112)
6.2. The state elects to provide the following forms of coverage to children: (Check all that apply. If an item is checked, describe the coverage with respect to the amount, duration and scope of services covered, as well as any exclusions or limitations) (Section 2110(a)) (42 CFR 457.490)
Secretary-approved coverage modeled after the state employee benefit plan in effect in June 2000, Virginia’s Key Advantage State Employee Benefit Plan, is summarized in the checklist below (6.2.1 - 6.2.31). The additional coverage provided is listed separately at the bottom of the checklist. NOTE: The FAMIS program has two separate health care services delivery systems, described immediately below and at 6.2.1.A – 6.2.31.A.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-76
Effective Date: [07/01/18] 76 Approval Date____________/19
6.2.1. Inpatient services (Section 2110(a)(1))
365 days per confinement; includes ancillary services.
6.2.2. Outpatient services (Section 2110(a)(2))
Outpatient services include emergency services, surgical services, and professional provider services in a physician’s office or outpatient hospital department. Facility charge for outpatient department of a hospital or hospital emergency room, separate from physician or diagnostic services.
6.2.3. Physician services (Section 2110(a)(3))
Physician services include services while admitted in the hospital, or in a physician’s office, or outpatient hospital department.
6.2.4. Surgical services (Section 2110(a)(4))
Surgical services include services provided in Sections 6.2.1, 6.2.2, and 6.2.3.
6.2.5. Clinic services (including health center services) and other ambulatory health care services. (Section 2110(a)(5))
Clinic services include services provided in Sections 6.2.2 and 6.2.3.
6.2.6. Prescription drugs (Section 2110(a)(6))
Covered for outpatient prescription drugs. Mandatory generic program.
6.2.7. Over-the-counter medications (Section 2110(a)(7))
Optional - May be covered at the discretion of the health plan.
6.2.8. Laboratory and radiological services (Section 2110(a)(8))
Outpatient diagnostic tests, x-rays, and laboratory services covered in a physician’s office, hospital, independent and clinical reference lab.
6.2.9. Prenatal care and pre-pregnancy family services and supplies (Section
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-77
Effective Date: [07/01/18] 77 Approval Date____________/19 2110(a)(9))
Maternity service including routine prenatal care is covered. Pre- pregnancy family services include coverage for prescription drugs and devices approved by the U.S. Food and Drug Administration for use as contraceptives. Contraceptive drugs and devices eligible for reimbursement are oral contraceptives, Depo-Provera, cervical caps, diaphragms, intrauterine devices and transdermal implants.
6.2.10. Inpatient mental health services, other than services described in 6.2.18., but including services furnished in a state-operated mental hospital and including residential or other 24-hour therapeutically planned structural services. (Section 2110(a)(10))
Inpatient acute mental health services other than those (a) services furnished in a state-operated mental hospital, (b) services furnished by IMDs, or (c) residential services or other 24-hour therapeutically planned structural services.
Effective 07-01-10, medically necessary inpatient mental health services are covered for 365 days per confinement.
6.2.11. Outpatient mental health services, other than services described in 6.2.19, but including services furnished in a state-operated mental hospital and including community-based services (Section 2110(a)(11)
Effective 07-01-10, medically necessary outpatient mental health services (including, but not limited to those listed below) are covered without limitations.
A. Outpatient mental health services, other than services furnished in a state- operated mental hospital.
B. Effective 08-01-2003, the following community mental health services are covered under this state plan. Effective 12-01-2013, these services are managed and reimbursed by the contracted Behavioral Health Services Administrator (BHSA) which will coordinate care with the enrollee’s MCO:
1. Intensive in-home services to children and adolescents under age 19 - shall be time-limited interventions provided typically but not solely in the residence of a child who is at risk of being moved into an out-of-home placement or who is being transitioned to home from
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-78
Effective Date: [07/01/18] 78 Approval Date____________/19 out-of-home placement due to a documented medical need of the child. These services provide crisis treatment, individual and family counseling, and communication skills (e.g., counseling to assist the child and his parents to understand and practice appropriate problem-solving, anger management, and interpersonal interaction, etc.); case management activities and coordination with other required services; and 24-hour emergency response. These services shall be limited annually to 26 weeks. Services must be directed toward the treatment of the eligible child and delivered primarily in the family’s residence with the child present.
2. Therapeutic day treatment - provides evaluation, medication, education and management; opportunities to learn and use daily living skills and to enhance social and interpersonal skills (e.g., problem-solving, anger management, community responsibility, increased impulse control, and appropriate peer relations, etc.); and individual, group and family psychotherapy. The service shall be provided two or more hours per day in order to provide therapeutic interventions. Services are limited annually to 780 units: one unit of service is defined as a minimum of two hours but less than three hours in a given day. Two units of service shall be defined as a minimum of three but less than five hours in a given day. Three units of service shall be defined as five or more hours of service in a given day.
3. Crisis Intervention - Crisis intervention shall provide immediate mental health care, available 24 hours a day, seven days per week, to assist individuals who are experiencing acute psychiatric dysfunction requiring immediate clinical attention. Crisis intervention activities are limited annually to 720 units per year (a unit equals 15 minutes) and shall include assessing the crisis situation, providing short-term counseling designed to stabilize the individual, providing access to further immediate assessment and follow-up, and linking the individual and family with ongoing care to prevent future crises. Crisis intervention services may include office visits, home visits, preadmission screenings, telephone contacts, and other client-related activities for the prevention of institutionalization.
4. Case Management - Case management services for youth at risk of serious emotional disturbance and who meet the definition of Seriously Emotionally Disturbed. Case management services assist youth at risk of serious emotional disturbance and with a diagnosis
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-79
Effective Date: [07/01/18] 79 Approval Date____________/19 of Serious Emotional Disturbance in accessing needed medical, psychiatric, social, educational, vocational, and other supports essential to meeting basic needs. Services to be provided include: Assessment and planning, linking the individual directly to services and supports, assisting the individual directly for the purpose of locating, developing or obtaining needed service and resources, coordinating services and service planning, enhancing community integration, making collateral contacts, follow up and monitoring, and education and counseling. 5. Behavioral Therapies - As of 07-01-16, behavioral therapies are covered. Behavioral therapies are systematic interventions provided by licensed practitioners, within their scope of practice defined under state law or regulations, to individuals younger than 19 years of age, usually in the individual’s home. Behavioral therapy includes, but is not limited to, applied behavior analysis. Services are designed to enhance communication skills and decrease maladaptive patterns of behavior which, if left untreated, could lead to more complex problems and the need for a greater or a more restrictive level of care. The service goal is to ensure the individual’s family is trained to effectively manage the individual’s behavior in the home and community settings using behavioral modification strategies. Behavioral therapy services must be preauthorized and based on a medical necessity determination.
C. Peer Support Services - As of 07-01-17 peer support services are covered. Peer Support Services extend existing comprehensive behavioral health and substance use treatment services to help facilitate recovery from even the most serious mental health and substance use disorders. Peer support providers are self-identified individuals who are in successful and ongoing recovery from mental health and/or substance use disorders. Peer support providers shall be sufficiently trained and certified to deliver services. Peer Support Services are delivered by peers (trained/certified individuals with lived experience with mental health and/or substance use disorders) who have been successful in the recovery process and can extend the reach of treatment beyond the clinical setting into an individual’s community to support and assist a member with staying engaged in the recovery process. A Peer Support service called Family Support Partners shall be provided to individuals under the age of 21 who have a mental health or substance use disorder or co-occurring mental health and substance use disorders which are the focus of the support with their caregiver. Peer support services are limited to four hours a day and 900
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-80
Effective Date: [07/01/18] 80 Approval Date____________/19 hours per year.
6.2.12. Durable medical equipment and other medically-related or remedial devices (such as prosthetic devices, implants, eyeglasses, hearing aids, dental devices, and adaptive devices). (Section 2110(a)(12)) Durable medical equipment, prosthetic devices, hearing aids, and eyeglasses are covered when medically necessary with certain limitations. 6.2.13. Disposable medical supplies. (Section 2110(a)(13))
Medically necessary disposable medical supplies provided in an inpatient or outpatient setting are covered.
Guidance: Home and community based services may include supportive services such as home health nursing services, home health aide services, personal care, assistance with activities of daily living, chore services, day care services, respite care services, training for family members, and minor modifications to the home.
6.2.14. Home and community-based health care services (Section 2110(a)(14))
Includes coverage of up to 90 visits per calendar year. Includes nursing and personal care services, home health aides, physical therapy, occupational therapy, and speech, hearing, and inhalation therapy.
6.2.15. Nursing care services (Section 2110(a)(15))
Nurse practitioner services, nurse midwife services, and private duty nursing services are covered. Skilled nursing services provided for special education students are covered with limitations.
6.2.16. Abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. (Section 2110(a)(16)) Abortion only if necessary to save the life of the mother.
6.2.17. Dental services (Section 2110(a)(17)) Coverage includes diagnostic, preventive, primary, prosthetic and complex restorative services. Coverage does not include routine
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-81
Effective Date: [07/01/18] 81 Approval Date____________/19 bases under restorations. Coverage shall include full-banded orthodontics and related services to correct abnormal and correctable malocclusion for enrollees. Post-treatment stabilization retainers and follow-up visits are included in the orthodontic services. Effective 12/1/02, the benefit limits for orthodontic services increased to mirror Medicaid. 6.2.18. Vision screenings and services (Section 2110(a)(24))
6.2.19. Hearing screenings and services (Section 2110(a)(24))
6.2.20. Inpatient substance abuse treatment services and residential substance abuse treatment services (Section 2110(a)(18)) Effective 7/1/10, medically necessary inpatient substance abuse treatment services are covered for 365 days per confinement. This coverage does not include services furnished in a state-operated mental hospital or in an IMD. This coverage does not include residential services or other 24-hour therapeutically planned structural services. 6.2.21. Outpatient substance abuse treatment services (Section 2110(a)(19)) As of 4/1/17, outpatient substance abuse treatment services include outpatient, intensive outpatient, partial hospitalization, medication- assisted treatment, and case management. Peer support services (as discussed in section 6.2.11 C) are effective 7/1/17. There is no visit limit on medically necessary outpatient substance abuse treatment services (effective 7/1/10). 6.2.22. Case management services (Section 2110(a)(20))
The State may elect to offer benefits for an approved, alternative treatment plan for a recipient who would otherwise require more expensive services. These services will be offered on a case-by-case basis. Effective October 1, 2011, targeted case management is provided by a certified Early Intervention Case Manager and reimbursed directly by DMAS for children from birth up to age three years who are in need of early intervention services.
6.2.23. Care coordination services (Section 2110(a)(21))
6.2.24. Physical therapy, occupational therapy, and services for individuals with
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-82
Effective Date: [07/01/18] 82 Approval Date____________/19 speech, hearing, and language disorders (Section 2110(a)(22))
Medically necessary services used to treat or promote recovery from an illness or injury are covered with limitations.
6.2.25. Hospice care (Section 2110(a)(23))
Hospice services include a program of home and inpatient care provided directly under the direction of a licensed hospice. Hospice care programs include palliative and supportive physician, psychological, psychosocial, and other health services to individuals utilizing a medically directed interdisciplinary team. Hospice care services are available if the enrollee is diagnosed with a terminal illness with a life expectancy of six months or fewer. Effective 3/23/10, hospice care is available concurrently with care related to the treatment of the child’s condition with respect to which a diagnosis of terminal illness has been made.
Guidance: See guidance for section 6.1.4.1 for guidance on the statutory requirements for EPSDT under sections 1905(r) and 1902(a)(43) of the Act. If the benefit being provided does not meet the EPSDT statutory requirements, do not check this box.
6.2.26. EPSDT consistent with the requirements of sections 1905(r) and 1902(a)(43) of the Act.
Guidance: Any other medical, diagnostic, screening, preventive, restorative, remedial, therapeutic or rehabilitative service may be provided, whether in a facility, home, school, or other setting, if recognized by State law and only if the service is: 1) prescribed by or furnished by a physician or other licensed or registered practitioner within the scope of practice as prescribed by State law; 2) performed under the general supervision or at the direction of a physician; or 3) furnished by a health care facility that is operated by a State or local government or is licensed under State law and operating within the scope of the license.
6.2.27. Any other medical, diagnostic, screening, preventive, restorative, remedial, therapeutic, or rehabilitative services. (Section 2110(a)(24))
Coverage of chiropractic and vision services with benefit limitations. Effective 12/1/02, the vision co-payments levels for each FPL decreased and levels for frames and trifocal lenses increased.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-83
Effective Date: [07/01/18] 83 Approval Date____________/19
Effective 10/1/09, coverage for early intervention services was expanded to include all certified Early Intervention Professionals and Early Intervention Specialists.
6.2.28. Premiums for private health care insurance coverage (Section 2110(a)(25))
Premiums for private health care insurance coverage are covered in the FAMIS Select program through a CHIP Section 1115 Demonstration waiver, as outlined in Section 4.4.
6.2.29. Medical transportation (Section 2110(a)(26))
Professional ambulance services under certain conditions are covered when used locally to or from a covered facility or provider’s office. Ambulance services if prearranged by the Primary Care Physician and authorized by the Company if, because of enrollee’s medical condition, the enrollee cannot ride safely in a car when going to the provider’s office or to the outpatient department of the hospital. Ambulance services will be covered if the enrollee’s condition suddenly becomes worse and must go to a local hospital’s emergency room. For coverage of ambulance services, the following three conditions must be met: (a) The trip to the facility or office must be to the nearest one recognized by the health plan administrator as having services adequate to treat the condition; (b) The services received in that facility or provider’s office are covered services; and (c) If the health plan administrator requests it, the attending provider must explain why transportation could not occur in a private car or by any other less expensive means. Guidance: Enabling services, such as transportation, translation, and outreach services, may be offered only if designed to increase the accessibility of primary and preventive health care services for eligible low-income individuals.
6.2.30. Enabling services (such as transportation, translation, and outreach services (Section 2110(a)(27))
6.2.31. Any other health care services or items specified by the Secretary and not included under this section (Section 2110(a)(28))
Enhanced Services Provided Beyond Secretary-approved coverage modeled after the state employee plan:
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-84
Effective Date: [07/01/18] 84 Approval Date____________/19 The services described above are the services included in the Key Advantage State Employee Benefit Package in effect in June 2000. FAMIS Secretary-approved coverage modeled after the state employee plan will include all of the Key Advantage benefits plus the additional benefits listed below:
1. Well-child care from age 6 through 18 including visits, laboratory services as recommended by the American Academy of Pediatrics Advisory Committee, and any immunizations as recommended by the Advisory Committee on Immunization Practice (ACIP). (Well-child care from birth through age 5 is covered under Key Advantage.)
2. The following services for special education students, when provided in a school setting pursuant to a student’s Individualized Education Program (IEP), are covered under this State Plan: physical therapy, occupational therapy, and speech-language therapy; audiology; skilled nursing; psychiatric and psychological services; personal care; medical evaluations; and specialized transportation. Assessments are covered as necessary to determine special education and related services needed in the IEP. The Department of Medical Assistance Services (DMAS) reimburses Local Education Agencies (LEAs) directly for services provided pursuant to the IEP.
3. Blood lead testing.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-85
Effective Date: [07/01/18] 85 Approval Date____________/19 Coverage offered for Secretary-approved coverage through the fee-for-service program is summarized in the checklist below.
6.2.1.A Inpatient services (Section 2110(a)(1)) A. Payment based upon DRG shall be made for medically necessary stays in acute general care facilities within the limits of coverage prescribed with the Title XIX State Plan and state regulations. B. Medically necessary inpatient psychiatric care rendered in a psychiatric unit of a general acute care hospital shall be covered for all children within the limits of coverage prescribed in the Title XIX State Plan and state regulations. C. Payment will not be made for inpatient hospitalization for those surgical and diagnostic procedures listed on the mandatory outpatient surgery list unless the inpatient stay is medically justified or meets one of the exceptions. D. For purposes of organ transplantation, all similarly situated individuals will be treated alike. Transplant services shall be limited to procedures that are not experimental. Transplants are covered when determined medically necessary and preauthorized. E. Coverage for a normal, uncomplicated vaginal delivery shall be limited to the day of delivery plus an additional two days unless additional days are medically justified. Coverage for cesarean births shall be limited to the day of delivery plus an additional four days unless additional days are medically justified. F. Coverage for a radical or modified radical mastectomy for treatment of disease or trauma of the breast shall be limited to 48 hours unless additional days are medically justified. Coverage for a total or partial mastectomy with lymph node dissection for treatment of disease or trauma of the breast shall be limited to 24 hours unless additional days are medically justified.
6.2.2.A Outpatient services (Section 2110(a)(2)) A. Outpatient hospital means preventive, diagnostic, therapeutic, rehabilitative or palliative services that are furnished to outpatients, by or under the direction of a physician or dentist, except in the case of nurse mid-wife services. B. Are furnished by an institution that is licensed or formally approved by the Virginia Department of Health and except in the case
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-86
Effective Date: [07/01/18] 86 Approval Date____________/19 of medical supervision of nurse-midwife services, meets the requirements for participation in Medicare. C. Emergency hospital services provided without limitation. D. Coverage of outpatient observation beds. The following limits and requirements shall apply to DMAS coverage of outpatient observation beds. These services must be billed as outpatient care and may be provided for up to 23 hours. A patient stay of 24 hours or more shall require inpatient precertification and admission.
6.2.3.A Physician services (Section 2110(a)(3)) A. Physician’s services whether furnished in the office, the patient’s home, a hospital, a skilled nursing facility or elsewhere. Elective surgery as defined by the Program is surgery that is not medically necessary to restore or materially improve a body function. Elective and cosmetic surgical procedures are not covered unless performed for physiological reasons and require prior approval by DMAS. B. Routine physicals and immunizations are not covered except when the services are provided under the EPSDT Program and when a well child examination is performed in a private physician’s office for a foster child of the local social services department on specific referral from those departments. C. Psychiatric services are limited to an initial availability of 26 sessions without prior authorization during the first year of treatment. An additional extension of up to 47 sessions during the first treatment year must be prior authorized by DMAS. The availability is further restricted to no more than 26 sessions each succeeding year when approved by DMAS. Psychiatric services are further restricted to no more than three sessions in any given seven- day period. Consistent with the Omnibus Budget Reconciliation Act of 1989 §6403, medically necessary psychiatric services shall be covered when prior authorized by DMAS for individuals younger than 19 years of age when the need for such services has been identified through an EPSDT screen. D. Physician visits to inpatient hospital patients are limited to medically necessary days of inpatient hospitalization. E. Psychological testing and psychotherapy by clinical psychologists licensed by the State Board of Medicine. F. Reimbursement will not be provided for physician services performed in the inpatient setting for those surgical or diagnostic
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-87
Effective Date: [07/01/18] 87 Approval Date____________/19 procedures listed on the mandatory outpatient surgery list unless the service is medically justified or meets one of the exceptions. G. For purposes of organ transplantation, all similarly situated individuals will be treated alike. Experimental or investigational procedures are not covered.
6.2.4.A Surgical services (Section 2110(a)(4)) A. Medical surgical services - Medically necessary surgical services are covered. Elective surgery is defined as procedures not medically necessary to restore or materially improve a body function. Elective and cosmetic surgical procedures are not covered unless performed for physiological reasons and require preauthorization. B. See physician services above for organ transplantation. Breast reconstruction/prostheses following mastectomy and breast reduction may be covered if preauthorized following the medically necessary complete or partial removal of a breast for any medical reason. Breast reductions shall be covered, if prior authorized for all medically necessary indications. Such procedures shall be considered non-cosmetic. 6.2.5.A Clinic services (including health center services) and other ambulatory health care services. (Section 2110(a)(5))
Clinic services means preventive, diagnostic, therapeutic, rehabilitative, or palliative items or services that are provided to outpatients by a facility that is not part of a hospital but is organized and operated to provide medical care to outpatients and are furnished by or under the direction of a physician or dentist.
6.2.6.A Prescription drugs (Section 2110(a)(6)) A. Drugs for which Federal Financial Participation is not available pursuant to the requirements of §1927 of the Social Security Act shall not be covered. Legend drugs, with the exception of the drugs or classes of drugs provided for in Supplement 5 of the Medicaid State Plan are covered. Coverage of drugs used for weight loss requires prior authorization. Prescriptions for recipients for specific multiple source drugs shall be filled with generic drug products unless the physician or other practitioners so licensed and certified to prescribe drugs certifies “brand necessary.” The number of refills shall be limited pursuant to the Drug Control Act, Code of Virginia Title §54.1-3411.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-88
Effective Date: [07/01/18] 88 Approval Date____________/19 B. Coverage includes home infusion therapy which is covered consistent with limits and requirements set out within home health services. C. Effective June 1, 2004, pursuant to § 1927 of the Act and 42 CFR § 440.230, the Department shall require the prior authorization of legend drugs when both institutionalized and non-institutionalized FAMIS enrollees are prescribed high numbers of legend drugs. Over- the-counter drugs and legend drug refills shall not count as a unique prescription for the purposes of prior authorization as it relates to the threshold program.
Prior authorization shall be required for non-institutionalized FAMIS enrollees whose current volume of prescriptions meet the identified threshold limits as defined by the agency’s guidance documents for pharmacy utilization review, limitations, and the prior authorization program. All recipients subject to these prior authorization limits shall be given advance notice of such limits and shall be advised of their rights to appeal. Such appeals shall be considered and responded to pursuant to 12 VAC 30-110-10 et. seq.
Prior authorization shall consist of prospective and retrospective drug therapy review by a licensed pharmacist to ensure that all predetermined clinically appropriate criteria, as established by the department, have been met before the prescription may be dispensed. Prior authorization shall be obtained through a call center staffed with appropriate clinicians, or through written or electronic communications (e.g., faxes, mail). Responses by telephone or other telecommunications device within 24 hours of a request for prior authorization shall be provided. The dispensing of 72-hour emergency supplies of the prescribed drug may be permitted and dispensing fees shall be paid to the pharmacy for such emergency supply.
Exclusion of protected institutions from pharmacy threshold prior authorization: For the purposes of threshold prior authorization, nursing facility residents do not include residents of the Commonwealth’s mental retardation training centers. For the purposes of threshold prior authorization, non-institutionalized recipients do not include recipients of services at Hiram Davis Medical Center.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-89
Effective Date: [07/01/18] 89 Approval Date____________/19 6.2.7.A Over-the-counter medications (Section 2110(a)(7)) Non-legend drugs shall be covered for insulin, syringes and needles, and diabetic test strips and family planning supplies. Designated non- legend drugs which are prescribed by licensed prescribers to be used as less expensive therapeutic alternatives to covered legend drugs are also covered. Designated categories of non-legend drugs for recipients in nursing homes are covered.
6.2.8.A Laboratory and radiological services (Section 2110(a)(8))
Services must be ordered or prescribed and directed or performed within the scope of a license of the practitioner of the healing arts.
Effective 08-01-03, prior authorization of the following specific high- cost non-emergency outpatient procedures is required: Magnetic Resonance Imaging (MRI), Computer Axial Tomography (CAT) Scans and Positron Emission Tomography (PET) Scans.
6.2.9.A Prenatal care and pre-pregnancy family services and supplies (Section 2110(a)(9)) A. Family planning services and supplies for individuals of child- bearing age must be ordered or prescribed and directed or performed within the scope of the license of a practitioner of the healing arts. Family planning services shall be defined as those services which delay or prevent pregnancy. Such services shall not include services to treat infertility or services to promote fertility. B. Pregnancy-related and postpartum services shall be covered for any medical condition that may complicate pregnancy if otherwise covered under the Title XXI state plan. Enhanced prenatal care services include nutrition, patient education, homemaker services, blood glucose meters (including test strips).
6.2.10.A Inpatient mental health services, other than services described in 6.2.20, but including services furnished in a state-operated mental hospital and including residential or other 24-hour therapeutically planned structural services (Section 2110(a)(10))
Inpatient mental health services will be offered in general acute care hospitals. Inpatient acute mental health services other than those (a) services furnished in a state-operated mental hospital, (b) services
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-90
Effective Date: [07/01/18] 90 Approval Date____________/19 furnished by IMDs, or (c) residential services or other 24-hour therapeutically planned structural services. Effective 07-01-10, medically necessary inpatient mental health services are covered for 365 days per confinement. Effective 12-01-13, these services are managed by the contracted BHSA.
6.2.11.A Outpatient mental health services, other than services described in 6.2.21, but including services furnished in a state-operated mental hospital and including community-based services (Section 2110(a)(11)) Effective 07-01-10, medically necessary outpatient mental health services (including, but not limited to those listed below) are covered without limitations. Outpatient mental health services are managed by the contracted BHSA. Consistent with the Omnibus Budget Reconciliation Act of 1989 §6403, medically necessary psychiatric services shall be covered for individuals younger than 19 year of age when the need for such services has been identified through an EPSDT screen. Community Mental Health Services: 1. Intensive in-home services to children and adolescents under age 19 - Shall be time-limited interventions provided typically but not solely in the residence of a child who is at risk of being moved into an out-of- home placement or who is being transitioned to home from out-of- home placement due to a documented medical need of the child. These services provide crisis treatment, individual and family counseling, and communication skills (e.g., counseling to assist the child and his parents to understand and practice appropriate problem-solving, anger management, and interpersonal interaction, etc.); case management activities and coordination with other required services; and 24-hour emergency response. These services shall be limited annually to 26 weeks. Services must be directed toward the treatment of the eligible child and delivered primarily in the residence with the child present.
2. Therapeutic day treatment for children and adolescents - Provides evaluation, medication, education and management; opportunities to learn and use daily living skills and to enhance social and interpersonal skills (e.g., problem-solving, anger management, community responsibility, increased impulse control, and appropriate peer relations, etc.); and individual, group and family psychotherapy. The service shall be provided two or more hours per day in order to
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-91
Effective Date: [07/01/18] 91 Approval Date____________/19 provide therapeutic interventions. Services are limited annually to 780 units: one unit of service is defined as a minimum of two hours but less than three hours in a given day. Two units of service shall be defined as a minimum of three but less than five hours in a given day. Three units of service shall be defined as five or more hours of service in a given day.
3. Day Treatment / Partial Hospitalization - Day treatment / partial hospitalization services shall be provided in sessions of two or more consecutive hours per day, which may be scheduled multiple times per week, to groups of individuals in a nonresidential setting. These services, limited annually to 780 units, include the major diagnostic, medical, psychiatric, psychosocial and psychoeducational treatment modalities designed for individuals who require coordinated, intensive, comprehensive, and multidisciplinary treatment but who do not require inpatient treatment.
4. Psychosocial Rehabilitation - Psychosocial rehabilitation shall be provided at least two or more hours per day to groups of individuals in a nonresidential setting. These services, limited annually to 936 units, include assessment, education to teach the patient about the diagnosed mental illness and appropriate medications to avoid complication and relapse, opportunities to learn and use independent living skills and to enhance social and interpersonal skills within a supportive and normalizing program structure and environment.
5. Crisis Intervention - Crisis intervention shall provide immediate mental health care, available 24 hours a day, seven days per week, to assist individuals who are experiencing acute psychiatric dysfunction requiring immediate clinical attention. Crisis intervention activities, are limited annually to 720 units per year (a unit equals 15 minutes) and shall include assessing the crisis situation, providing short-term counseling designed to stabilize the individual, providing access to further immediate assessment and follow-up, and linking the individual and family with ongoing care to prevent future crises. Crisis intervention services may include office visits, home visits, preadmission screenings, telephone contacts, and other client-related activities for the prevention of institutionalization.
6. Mental Health Crisis Stabilization - Crisis stabilization services for non-hospitalized individuals shall provide direct mental health care to individuals experiencing an acute psychiatric crisis which may jeopardize their current community living situation. The maximum
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-92
Effective Date: [07/01/18] 92 Approval Date____________/19 limit on this service is up to eight hours (with a unit being one hour) per day up to 60 days annually.
7. Mental Health Support - Mental health support services shall be defined as training and supports to enable individuals to achieve and maintain community stability and independence in the most appropriate, least restrictive environment. These services may be authorized for six consecutive months. This program shall provides the following services: training in or reinforcement of functional skills and appropriate behavior related to the individual’s health and safety, activities of daily living, and use of community resources; assistance with medication management; and monitoring health, nutrition, and physical condition. The yearly limit for mental health support services is 372 units.
8. Intensive Community Treatment - Medical psychotherapy, psychiatric assessment, medication management, and case management activities offered to outpatients outside the clinic, hospital, or office setting for individuals who are best served in the community. The annual unit limit shall be 130 units. 9. Case Management - Case management services for youth at risk of serious emotional disturbance and who meet the definition of Seriously Emotionally Disturbed. Case management services assist youth at risk of serious emotional disturbance and with a diagnosis of Serious Emotional Disturbance in accessing needed medical, psychiatric, social, educational, vocational, and other supports essential to meeting basic needs. Services to be provided include: Assessment and planning, linking the individual directly to services and supports, assisting the individual directly for the purpose of locating, developing or obtaining needed service and resources, coordinating services and service planning, enhancing community integration, making collateral contacts, follow up and monitoring, and education and counseling. 10. Behavioral Therapies - As of 07-01-16, behavioral therapies are covered. Behavioral therapies are systematic interventions provided by licensed practitioners within their scope of practice, defined under state law or regulations, to individuals younger than 19 years of age, usually in the individual’s home. Behavioral therapy includes, but is not limited to, applied behavior analysis. Services are designed to enhance communication skills and decrease maladaptive patterns of behavior which, if left untreated, could lead
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-93
Effective Date: [07/01/18] 93 Approval Date____________/19 to more complex problems and the need for a greater or a more restrictive level of care. The service goal is to ensure the individual’s family is trained to effectively manage the individual’s behavior in the home and community settings using behavioral modification strategies. Behavioral therapy services must be preauthorized and based on a medical necessity determination. 6.2.12.A Durable medical equipment and other medically-related or remedial devices (such as prosthetic devices, implants, eyeglasses, hearing aids, dental devices, and adaptive devices) (Section 2110(a)(12)) Durable medical equipment, hearing aids, and eyeglasses are covered when medically necessary with certain limitations. Prosthetic devices for the replacement of missing arms, legs and breasts and the provision of any internal (implant) body part shall be covered. Prosthetic devices (artificial arms and legs, and their necessary supportive attachments; implants and breasts) are provided when prescribed by a physician or other licensed practitioner of the healing arts within the scope of their professional license. This service when provided by an authorized vendor must be medically necessary and preauthorized for the minimum applicable component necessary for the activities of daily living. 6.2.13.A Disposable medical supplies (Section 2110(a)(13)) Medical supplies, equipment and appliances suitable for use in the home. All medically necessary medical supplies, equipment, and appliances are covered for recipients. Unusual amounts, types and duration of usage must be authorized by DMAS. When cost-effective, payment may be made for rental of the equipment in lieu of purchase. Prosthetics which are preauthorized shall be covered. Supplies, equipment that are not covered are: space conditioning equipment, equipment and supplies for any hospital or nursing facility resident, except for ventilators and associated supplies for nursing facility residents; furniture or appliances not defined as medical equipment; items that are only for the recipient’s comfort and convenience. 6.2.14.A Home and community-based health care services (See instructions) (Section 2110(a)(14)) A. Home Health Services: Intermittent or part-time nursing service provided by a home health agency or by a registered nurse when no home health agency exists in the area. Effective 08-01-2003, home health services are limited to five visits without prior authorization in each state fiscal year. Service extensions beyond the initial five visits
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-94
Effective Date: [07/01/18] 94 Approval Date____________/19 must be prior-authorized. Limits are per recipient, regardless of the number of providers rendering services. If services beyond these limitations are determined by the physician to be required, then the provider shall request prior authorization from DMAS for additional services. B. Home Health Aide services provided by a home health agency. Home health aides must function under the supervision of a professional nurse. Home health aides must meet the federal certification requirements. Patient may receive up to 32 visits annually. 6.2.15.A Nursing care services (See instructions) (Section 2110(a)(15))
Intermittent or part-time nursing service provided by a home health agency; Nurse mid-wife services allowed under licensure requirements of Virginia and federal law; skilled nursing services provided in schools to special education students.
Private duty nursing services are not covered.
6.2.16.A Abortion only if necessary to save the life of mother or if the pregnancy is the result of an act of rape or incest. (Section 2110(a)(16) Abortion only if necessary to save the life of the mother. 6.2.17.A Dental services (Section 2110(a)(17)) A. Routine diagnostic, preventive or restorative procedures necessary for oral health provided by or under the direct supervision of a dentist in accordance with the State Dental Practice Act. B. Initial, periodic and emergency examinations; required radiography necessary to develop a treatment plan; patient education; dental prophylaxis; fluoride treatments; routine amalgam and composite restorations; stainless steel crowns, prefabricated steel post, temporary (polycarbonate crowns) and stainless steel bands; crown recementation; pulp capping; sedative fillings; therapeutic apical closure; topical palliative treatment for dental pain; removal of foreign body; simple extractions; root recovery; incision and drainage of abscess; surgical exposure of the tooth to aid eruption; sequestrectomy for osteomyelitis; and oral antral fistula closure are dental services covered without preauthorization. C. All covered dental services not referenced above require preauthorization by DMAS. The following services are also covered
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-95
Effective Date: [07/01/18] 95 Approval Date____________/19 through preauthorization: medically necessary full banded orthodontics, tooth guidance appliances, complete and partial dentures, surgical preparation (alveoloplasty) for prosthetics, single permanent crowns and bridges. D. Routine bases under restorations and inhalation analgesia are not covered. E. Examinations prophylaxis, fluoride treatment (one each six months); space maintenance appliance; bitewing x-ray - two films each 12 months; routine amalgam and composite restorations once each three years; dentures once each five years; extractions, orthodontics, tooth guidance appliances, permanent crowns and bridges, endodontics, patient education and sealants - one time. F. Limited oral surgery procedures, as defined and covered by Medicare when preauthorized. G. Provided only as a result of EPSDT and subject to medical necessity and preauthorization requirements specified under Dental Services. 6.2.18.A Vision screenings and services (Section 2110(a)(24))
6.2.19.A Hearing screenings and services (Section 2110(a)(24))
6.2.20.A Inpatient substance abuse treatment services and residential substance abuse treatment services (Section 2110(a)(18))
Effective 12-01-13 these services are managed by the contracted BHSA. Residential treatment for pregnant women. The treatment facility shall not be an institution for mental disease. 6.2.21.A Outpatient substance abuse treatment services (Section 2110(a)(19))
Group and individual counseling, outpatient, intensive outpatient, partial hospitalization, and case management services are covered for members with a documented substance use diagnosis as of 4-1-17. Peer support services (as discussed in section 6.2.11.C) were added on 7/1/2017. Services must be rendered by a certified or licensed provider. Effective 12-01-13 these services are managed by the contracted BHSA.
6.2.22.A Case management services (Section 2110(a)(20))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-96
Effective Date: [07/01/18] 96 Approval Date____________/19
Targeted case management for high risk pregnant women and infants up to age 2; individuals with mental retardation; children with serious emotional disturbance and youth at risk for serious emotional disturbance; and children with behavioral disorder or emotional disturbances who are referred to treatment foster care by the Family Assessment and Planning Team of Comprehensive Services Act for Youth and Family. Effective October 1, 2011, targeted case management is provided by a certified Early Intervention Case Manager and reimbursed directly by DMAS for children from birth up to age three years who are in need of early intervention services. 6.2.23.A Care coordination services (Section 2110(a)(21))
May be a component of another service.
6.2.24.A Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders (Section 2110(a)(22))
Effective 08-01-03, home health and outpatient rehabilitation services are limited to five visits for each rehabilitative therapy without prior authorization in each state fiscal year. Service extensions beyond the initial five visits must be prior-authorized. A. Under home health, physical therapy, occupational therapy, or speech pathology and audiology services provided by a home health agency or medical rehabilitation facility covered as ordered by a physician in consultation with a physical therapist who has been licensed by the Board of Medicine. Limits shall apply per recipient regardless of the number of providers rendering services. Annually shall be defined as July 1 through June 30 for each recipient. If the physician determines that additional services are needed, the provider shall request prior authorization. B. Physical therapy and related services: 1. Services for individuals requiring physical therapy are provided only as an element of hospital inpatient or outpatient services, nursing facility service, home health service, or when otherwise included as an authorized service by a cost provider who provides rehabilitation services. 2. The services shall be of a level of complexity and sophistication, or the condition of the patient shall be of a nature that the services can only be performed by a physical therapist licensed by the Board of Medicine or a physical therapy assistant who is licensed
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-97
Effective Date: [07/01/18] 97 Approval Date____________/19 by the Board of Medicine and under the supervision of a qualified physical therapist who makes an onsite supervisory visit at least once every 30 days. This visit shall not be reimbursable. C. Occupational therapy: Services for individuals requiring occupational therapy are provided only as an element of hospital inpatient or outpatient service, nursing facility service, home health service, or when otherwise included as an authorized service by a provider who provides rehabilitation services. Services shall meet all of the following conditions: services shall be directly and specifically related to an active written plan of care designed by a physician after consultation with an occupational therapist registered and certified by the American Occupational Therapy Certification Board; shall be of a level of complexity and sophistication, or the condition of the patient shall be of a nature that the services can only be performed by a qualified occupational therapist. The amount, frequency and duration of the services shall be reasonable. D. Services for individuals with speech, hearing and language disorders. Services must be provided by or under the supervision of a speech pathologist or an audiologist only as an element of hospital inpatient or outpatient service, nursing facility service, home health service, or when otherwise included as an authorized service by a cost provider who provides rehabilitative services. Services shall be directly and specifically related to an active written treatment plan designed by a physician after any needed consultation with a speech- language pathologist licensed by the Board of Speech/Language Pathology, or, if exempt from state licensure, meets the requirements in 42 CFR 405.1719(c). The services shall be of a level of complexity and sophistication or the patient’s condition be of a nature that the services can only be performed by or under the direction of a qualified speech-language pathologist. The amount, frequency and duration of the services shall be reasonable. 6.2.25.A Hospice care (Section 2110(a)(23))
Hospice care services described in the Title XIX state plan for medical assistance. Effective 3/23/10, hospice care is available concurrently with care related to the treatment of the child’s condition with respect to which a diagnosis of terminal illness has been made.
6.2.26.A EPSDT consistent with requirements of sections 1905(r) and 1902(a)(43) of the Act.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-98
Effective Date: [07/01/18] 98 Approval Date____________/19
Consistent with the Omnibus Budget Reconciliation Act of 1989 §6403, Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) services means the following services: screening services, vision services, dental services, hearing services, and such other necessary health care, diagnostic services, treatment, and other measures described in Social Security Act §1905(a) to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services and which are medically necessary, whether or not such services are covered under the Virginia Title XIX State Plan subject to the requirements and limits of Title XXI.
6.2.27.A Any other medical, diagnostic, screening, preventive, restorative, remedial, therapeutic, or rehabilitative services. (See instructions) (Section 2110(a)(24)) A. Intensive physical rehabilitation in facilities certified as rehabilitative hospitals or rehabilitation hospitals which meet the requirements to be excluded from the Medicare PPS system and in CORFs. An intensive physical rehabilitation program provides intensive skilled rehabilitation, nursing, physical therapy, occupational therapy, and speech therapy, cognitive rehabilitation, prosthetic-orthotic services, psychology, social work, and therapeutic recreation. B. Optometrist: Diagnostic examination and optometric treatment procedures and services by ophthalmologists, optometrists, and opticians, as allowed by the Code of VA and by regulations of the Boards of Medicine and of Optometry, are covered. Routine refractions are limited to once in 24 months except as may be authorized by DMAS. C. Podiatrists: Covered podiatry services are defined as reasonable and necessary diagnostic, medical, or surgical treatment of disease, injury, or defects of the human foot. These services must be within the scope of the license of the podiatrists’ profession and defined by State law. The following services are not covered: preventive health care, including routine foot care; treatment of structural misalignment not requiring surgery; cutting or removal of corns, warts, or calluses; experimental procedures; acupuncture. D. Nursing facility services in a Medicaid certified facility (other than in an IMD). E. Nurse-midwife services: defined as those services allowed under
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-99
Effective Date: [07/01/18] 99 Approval Date____________/19 the licensure requirements of the state statute and as specified in the Social Security Act. F. Effective 10/1/09, coverage for early intervention services was expanded to include all certified Early Intervention Professionals and Early Intervention Specialists.
6.2.28.A Premiums for private health care insurance coverage (Section 2110(a)(25))
6.2.29.A Medical transportation (Section 2110(a)(26)) Transportation services are provided to ensure that recipients have necessary access to and from providers of all covered medical services. Transportation to both emergency and nonemergency services is covered. 6.2.30.A Enabling services (such as transportation, translation, and outreach services (See instructions) (Section 2110(a)(27))
6.2.31.A Any other health care services or items specified by the Secretary and not included under this section (Section 2110(a)(28))
The following services for special education students, when provided in a school setting pursuant to a student’s Individualized Education Program (IEP), are covered under this State Plan: physical therapy, occupational therapy, and speech-language therapy; audiology; skilled nursing; psychiatric and psychological services; personal care; medical evaluations; Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) screenings; and specialized transportation. Assessments are covered as necessary to determine special education and related services needed in the IEP. The Department of Medical Assistance Services (DMAS) reimburses Local Education Agencies (LEAs) directly for services provided pursuant to the IEP.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-100
Effective Date: [07/01/18] 100 Approval Date____________/19 6.2- MHPAEA Section 2103(c)(6)(A) of the Social Security Act requires that, to the extent that it provides both medical/surgical benefits and mental health or substance use disorder benefits, a State child health plan ensures that financial requirements and treatment limitations applicable to mental health and substance use disorder benefits comply with the mental health parity requirements of section 2705(a) of the Public Health Service Act in the same manner that such requirements apply to a group health plan. If the state child health plan provides for delivery of services through a managed care arrangement, this requirement applies to both the state and managed care plans. These requirements are also applicable to any additional benefits provided voluntarily to the child health plan population by managed care entities and will be considered as part of CMS’s contract review process at 42 CFR 457.1201(l).
6.2.1- MHPAEA Before completing a parity analysis, the State must determine whether each covered benefit is a medical/surgical, mental health, or substance use disorder benefit based on a standard that is consistent with state and federal law and generally recognized independent standards of medical practice. (42 CFR 457.496(f)(1)(i))
6.2.1.1- MHPAEA Please choose the standard(s) the state uses to determine whether a covered benefit is a medical/surgical benefit, mental health benefit, or substance use disorder benefit. The most current version of the standard elected must be used. If different standards are used for different benefit types, please specify the benefit type(s) to which each standard is applied. If “Other” is selected, please provide a description of that standard.
International Classification of Disease (ICD) Diagnostic and Statistical Manual of Mental Disorders (DSM) State guidelines (Medicaid State Plan, Sections 3.1.A and B) Other (Describe): Conditions noted in ICD-10-CM, Chapter 5, “Mental, Behavioral Health and Neurodevelopmental Disorders” are classified under MH/SUD with the following exceptions: F01-09 “mental conditions due to known medical conditions” are categorized as MED/SURG; F70-79 “intellectual disabilities” are categorized as MED/SURG; and F80-89 “pervasive and specific developmental disorders” are categorized as MED/SURG. 6.2.1.2- MHPAEA Does the State provide mental health and/or substance use disorder benefits?
Yes No
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-101
Effective Date: [07/01/18] 101 Approval Date____________/19 Guidance: If the State does not provide any mental health or substance use disorder benefits, the mental health parity requirements do not apply ((42 CFR 457.496(f)(1)). Continue on to Section 6.3.
6.2.2- MHPAEA Section 2103(c)(6)(B) of the Social Security Act (the Act) provides that to the extent a State child health plan includes coverage of early and periodic screening, diagnostic, and treatment services (EPSDT) defined in section 1905(r) of the Act and provided in accordance with section 1902(a)(43) of the Act, the plan shall be deemed to satisfy the parity requirements of section 2103(c)(6)(A) of the Act.
6.2.2.1- MHPAEA Does the State child health plan provide coverage of EPSDT? The State must provide for coverage of EPSDT benefits, consistent with Medicaid statutory requirements, as indicated in section 6.2.26 of the State child health plan in order to answer “yes.”
Yes No FAMIS children access the EPSDT benefit during the time they are temporarily in fee-for-service prior to being enrolled in a MCO. FAMIS children in managed care do not receive the EPSDT benefit; therefore DMAS is not seeking deemed parity on the basis of EPSDT for its standalone CHIP population.
Guidance: If the State child health plan does not provide EPSDT consistent with Medicaid statutory requirements at sections 1902(a)(43) and 1905(r) of the Act, please go to Section 6.2.3- MHPAEA to complete the required parity analysis of the State child health plan.
If the state does provide EPSDT benefits consistent with Medicaid requirements, please continue this section to demonstrate compliance with the statutory requirements of section 2103(c)(6)(B) of the Act and the mental health parity regulations of 42 CFR 457.496(b) related to deemed compliance. Please provide supporting documentation, such as contract language, provider manuals, and/or member handbooks describing the state’s provision of EPSDT.
6.2.2.2- MHPAEA EPSDT benefits are provided to the following:
All children covered under the State child health plan.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-102
Effective Date: [07/01/18] 102 Approval Date____________/19 A subset of children covered under the State child health plan. Please describe the different populations (if applicable) covered under the State child health plan that are provided EPSDT benefits consistent with Medicaid statutory requirements Guidance: If only a subset of children are provided EPSDT benefits under the State child health plan, 42 CFR 457.496(b)(3) limits deemed compliance to those children only and Section 6.2.3- MHPAEA must be completed as well as the required parity analysis for the other children.
6.2.2.3- MHPAEA To be deemed compliant with the MHPAEA parity requirements, States must provide EPSDT in accordance with sections 1902(a)(43) and 1905(r) of the Act (42 CFR 457.496(b)). The State assures each of the following for children eligible for EPSDT under the separate State child health plan:
All screening services, including screenings for mental health and substance use disorder conditions, are provided at intervals that align with a periodicity schedule that meets reasonable standards of medical or dental practice as well as when medically necessary to determine the existence of suspected illness or conditions. (Section 1905(r))
All diagnostic services described in 1905(a) of the Act are provided as needed to diagnose suspected conditions or illnesses discovered through screening services, whether or not those services are covered under the Medicaid state plan. (Section 1905(r))
All items and services described in section 1905(a) of the Act are provided when needed to correct or ameliorate a defect or any physical or mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the Medicaid State plan. (Section 1905(r)(5))
Treatment limitations applied to services provided under the EPSDT benefit are not limited based on a monetary cap or budgetary constraints and may be exceeded as medically necessary to correct or ameliorate a medical or physical condition or illness. (Section 1905(r)(5))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-103
Effective Date: [07/01/18] 103 Approval Date____________/19 Non-quantitative treatment limitations, such as definitions of medical necessity or criteria for medical necessity, are applied in an individualized manner that does not preclude coverage of any items or services necessary to correct or ameliorate any medical or physical condition or illness. (Section 1905(r)(5))
EPSDT benefits are not excluded on the basis of any condition, disorder, or diagnosis. (Section 1905(r)(5))
The provision of all requested EPSDT screening services, as well as any corrective treatments needed based on those screening services, are provided or arranged for as necessary. (Section 1902(a)(43))
All families with children eligible for the EPSDT benefit under the separate State child health plan are provided information and informed about the full range of services available to them. (Section 1902(a)(43)(A)) Guidance: For states seeking deemed compliance for their entire State child health plan population, please continue to Section 6.3. If not all of the covered populations are offered EPSDT, the State must conduct a parity analysis of the benefit packages provided to those populations. Please continue to 6.2.3- MHPAEA.
Mental Health Parity Analysis Requirements for States Not Providing EPSDT to All Covered Populations
Guidance: The State must complete a parity analysis for each population under the State child health plan that is not provided the EPSDT benefit consistent with the requirements 42 CFR 457.496(b). If the State provides benefits or limitations that vary within the child or pregnant woman populations, states should perform a parity analysis for each of the benefit packages. For example, if different financial requirements are applied according to a beneficiary’s income, a separate parity analysis is needed for the benefit package provided at each income level.
Please ensure that changes made to benefit limitations under the State child health plan as a result of the parity analysis are also made in Section 6.2.
6.2.3- MHPAEA In order to conduct the parity analysis, the State must place all medical/surgical and mental health and substance use disorder benefits covered under the State child health plan into one of four classifications: Inpatient, outpatient, emergency care, and prescription drugs. (42 CFR
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-104
Effective Date: [07/01/18] 104 Approval Date____________/19 457.496(d)(2)(ii); 42 CFR 457.496(d)(3)(ii)(B))
6.2.3.1 MHPAEA Please describe below the standard(s) used to place covered benefits into one of the four classifications.
Inpatient (IP): All covered services or items provided to a member when a physician (or other qualified provider as applicable) has written an order/certification for a >24-hour admission to a facility.
Outpatient (OP): All covered services or items (including medications) provided to a member in a setting that does not require a physician (or other qualified provider as applicable) order/certification for a >24-hour admission, and does not meet the definition of emergency care.
Emergency Care: All covered services or items (including medications) provided in an emergency department (ED) setting or to stabilize an emergency/crisis, when provided in a setting other than an IP setting.
Pharmacy/Prescription Drugs (PD): Covered medications, drugs, and associated supplies requiring a prescription, and services delivered by a pharmacist who works in a free- standing pharmacy.
6.2.3.1.1 MHPAEA The State assures that:
The State has classified all benefits covered under the State plan into one of the four classifications. The same reasonable standards are used for determining the classification for a mental health or substance use disorder benefit as are used for determining the classification of medical/surgical benefits. 6.2.3.1.2- MHPAEA Does the State use sub-classifications to distinguish between office visits and other outpatient services?
Yes No
6.2.3.1.2.1- MHPAEA If the State uses sub-classifications to distinguish between outpatient office visits and other outpatient services, the State assures the following:
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-105
Effective Date: [07/01/18] 105 Approval Date____________/19
The sub-classifications are only used to distinguish office visits from other outpatient items and services, and are not used to distinguish between similar services on other bases (ex: generalist vs. specialist visits). Guidance: For purposes of this section, any reference to “classification(s)” includes sub-classification(s) in states using sub-classifications to distinguish between outpatient office visits from other outpatient services.
6.2.3.2 MHPAEA The State assures that:
Mental health / substance use disorder benefits are provided in all classifications in which medical/surgical benefits are provided under the State child health plan. Guidance: States are not required to cover mental health or substance use disorder benefits (42 CFR 457.496(f)(2)). However if a state does provide any mental health or substance use disorder benefits, those mental health or substance use disorder benefits must be provided in all the same classifications in which medical/surgical benefits are covered under the State child health plan (42 CFR 457.496(d)(2)(ii).
Annual and Aggregate Lifetime Dollar Limits
6.2.4- MHPAEA A State that provides both medical/surgical benefits and mental health and/or substance use disorder benefits must comply with parity requirements related to annual and aggregate lifetime dollar limits for benefits covered under the State child health plan. (42 CFR 457.496(c))
6.2.4.1- MHPAEA Please indicate whether the State applies an aggregate lifetime dollar limit and/or an annual dollar limit on any mental health or substance abuse disorder benefits covered under the State child health plan.
Aggregate lifetime dollar limit is applied Aggregate annual dollar limit is applied No dollar limit is applied Guidance: A monetary coverage limit that applies to all CHIP services provided under the State child health plan is not subject to parity requirements.
If there are no aggregate lifetime or annual dollar limits on any mental health or
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-106
Effective Date: [07/01/18] 106 Approval Date____________/19 substance use disorder benefits, please go to section 6.2.5- MHPAEA.
6.2.4.2- MHPAEA Are there any medical/surgical benefits covered under the State child health plan that have either an aggregate lifetime dollar limit or an annual dollar limit? If yes, please specify what type of limits apply.
Yes (Type(s) of limit: ) No Guidance: If no aggregate lifetime dollar limit is applied to medical/ surgical benefits, the State may not impose an aggregate lifetime dollar limit on any mental health or substance use disorder benefits. If no aggregate annual dollar limit is applied to medical/surgical benefits, the State may not impose an aggregate annual dollar limit on any mental health or substance use disorder benefits. (42 CFR 457.496(c)(1))
Quantitative Treatment Limitations
6.2.5- MHPAEA Does the State apply quantitative treatment limitations (QTLs) on any mental health or substance use disorder benefits in any classification of benefits? If yes, specify the classification(s) of benefits in which the State applies one or more QTLs on any mental health or substance use disorder benefits.
Yes (Specify: ) No Guidance: If the state does not apply any type of QTLs on any mental health or substance use disorder benefits in any classification, the state meets parity requirements for QTLs and should continue to Section 6.2.6 - MHPAEA. If the state does apply QTLs to any mental health or substance use disorder benefits, the state must conduct a parity analysis. Please continue.
Non-Quantitative Treatment Limitations
6.2.6- MHPAEA The State may utilize non-quantitative treatment limitations (NQTLs) for mental health or substance use disorder benefits, but the State must ensure that those NQTLs comply with all the mental health parity requirements. (42 CFR 457.496(d)(4)); (42 CFR 457.496(d)(5))
6.2.6.1 – MHPAEA If the State imposes any NQTLs, complete this subsection. If the State does not impose NQTLs, please go to Section 6.2.7-MHPAEA.
The State assures that the processes, strategies, evidentiary standards or other factors used in the application of any NQTL to mental health or substance use
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-107
Effective Date: [07/01/18] 107 Approval Date____________/19 disorder benefits are no more stringent than the processes, strategies, evidentiary standards or other factors used in the application of NQTLs to medical/surgical benefits within the same classification. Guidance: Examples of NQTLs include medical management standards to limit or exclude benefits based on medical necessity, restrictions based on geographic location, provider specialty, or other criteria to limit the scope or duration of benefits and provider network design (ex: preferred providers vs. participating providers). Additional examples of possible NQTLs are provided in 42 CFR 457.496(d)(4)(ii). States will need to provide a summary of its NQTL analysis, as well as supporting documentation as requested.
6.2.6.2 – MHPAEA The State or MCE contracting with the State must comply with parity if they provide coverage of medical or surgical benefits furnished by out-of-network providers.
6.2.6.2.1- MHPAEA Does the State or MCE contracting with the State provide
coverage of medical or surgical benefits provided by out-of-network providers?
Yes No Guidance: The State can answer no if the State or MCE only provides out of network services in specific circumstances, such as emergency care, or when the network is unable to provide a necessary service covered under the contract.
6.2.6.2.2- MHPAEA If yes, the State must provide access to out-of-network providers for mental health or substance use disorder benefits. Please assure the following:
The State attests that when determining access to out-of-network providers within a benefit classification, the processes, strategies, evidentiary standards, or other factors used to determine access to those providers for mental health/ substance use disorder benefits are comparable to and applied no more stringently than the processes, strategies, evidentiary standards or other factors used to determine access for out- of-network providers for medical/surgical benefits.
Availability of Plan Information 6.2.7- MHPAEA The State must provide beneficiaries, potential enrollees, and providers with information related to medical necessity criteria and denials of payment or reimbursement for mental health or substance use disorder services (42 CFR 457.496(e)) in addition to existing notice
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-108
Effective Date: [07/01/18] 108 Approval Date____________/19 requirements at 42 CFR 457.1180.
6.2.7.1- MHPAEA Medical necessity criteria determinations must be made available to any current or potential enrollee or contracting provider, upon request. The state attests that the following entities provide this information:
State Managed Care entities Both Other
Guidance: If other is selected, please specify the entity.
6.2.7.2- MHPAEA Reason for any denial for reimbursement or payment for
mental health or substance use disorder benefits must be made available to the
enrollee by the health plan or the State. The state attests that the following
entities provide denial information:
State Managed Care entities Both
Other
6.3 The state assures that, with respect to pre-existing medical conditions, one of the following two statements applies to its plan: (42CFR 457.480)
6.3.1. The state shall not permit the imposition of any pre-existing medical condition exclusion for covered services (Section 2102(b)(1)(B)(ii)); OR
6.3.2. The state contracts with a group health plan or group health insurance coverage, or contracts with a group health plan to provide family coverage under a waiver (see Section 6.4.2. of the template). Pre-existing medical conditions are permitted to the extent allowed by HIPAA/ERISA (Section 2103(f)). Previously 8.6. Please describe:
6.4 Additional Purchase Options. If the state wishes to provide services under the plan through cost effective alternatives or the purchase of family coverage, it must request the appropriate
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-109
Effective Date: [07/01/18] 109 Approval Date____________/19 option. To be approved, the state must address the following: (Section 2105(c)(2) and(3)) (42 CFR 457.1005 and 457.1010)
6.4.1. Cost Effective Coverage. Payment may be made to a state in excess of the 10% limitation on use of funds for payments for: 1) other child health assistance for targeted low-income children; 2) expenditures for health services initiatives under the plan for improving the health of children (including targeted low-income children and other low-income children); 3) expenditures for outreach activities as provided in section 2102(c)(1) under the plan; and 4) other reasonable costs incurred by the state to administer the plan, if it demonstrates the following (42CFR 457.1005(a)):
6.4.1.1. Coverage provided to targeted low-income children through such expenditures must meet the coverage requirements above. Describe the coverage provided by the alternative delivery system. The state may cross reference section 6.2.1 - 6.2.28. (Section 2105(c)(2)(B)(i)) (42CFR 457.1005(b))
6.4.1.2. The cost of such coverage must not be greater, on an average per child basis, than the cost of coverage that would otherwise be provided for the coverage described above. Describe the cost of such coverage on an average per child basis. (Section 2105(c)(2)(B)(ii)) (42CFR 457.1005(b))
6.4.1.3. The coverage must be provided through the use of a community-based health delivery system, such as through contracts with health centers receiving funds under section 330 of the Public Health Service Act or with hospitals such as those that receive disproportionate share payment adjustments under section 1886(c)(5)(F) or 1923 of the Social Security Act. Describe the community based delivery system. (Section 2105(c)(2)(B)(iii)) (42CFR 457.1005(a))
6.4.2. Purchase of Family Coverage. Describe the plan to purchase family coverage. Payment may be made to a state for the purpose of family coverage under a group health plan or health insurance coverage that includes coverage of targeted low-income children, if it demonstrates the following: (Section 2105(c)(3)) (42CFR 457.1010)
The families of targeted low-income children who have access to health insurance through their employer may be eligible for premium assistance for the purchase of their employer-sponsored health insurance if certain conditions are met. However, the goal of the
(spa)(va-19-0010)(approval-package)(page-113)Page 113#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-110
Effective Date: [07/01/18] 110 Approval Date____________/19 FAMIS Plan is to provide coverage for eligible children under their parents’ employer-sponsored plan. Any coverage of individuals not eligible for FAMIS is incidental.
6.4.2.1. Purchase of family coverage is cost-effective. The State’s cost of purchasing family coverage, including administrative expenditures, that includes coverage for the targeted low-income children involved or the family involved (as applicable) under premium assistance programs must not be greater than the cost of obtaining coverage under the State plan for all eligible targeted low-income children or families involved; and (2) The State may base its demonstration of cost effectiveness on an assessment of the cost of coverage, including administrative costs, for children or families under premium assistance programs to the cost of other CHIP coverage for these children or families, done on a case- by-case basis, or on the cost of premium assisted coverage in the aggregate.
6.4.2.2. The state assures that the family coverage would not otherwise substitute for health insurance coverage that would be provided to such children but for the purchase of family coverage. (Section 2105(c)(3)(B)) (42CFR 457.1010(b))
6.4.2.3. The state assures that the coverage for the family otherwise meets title XXI requirements. (42CFR 457.1010(c))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 7-111
Effective Date: [07/01/18] 111 Approval Date____________/19 Section 7. Quality and Appropriateness of Care
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 8.
7.1. Describe the methods (including external and internal monitoring) used to assure the quality and appropriateness of care, particularly with respect to well-baby care, well- child care, and immunizations provided under the plan. (2102(a)(7)(A)) (42CFR 457.495(a))
The Commonwealth will use numerous methods to assure that FAMIS enrollees receive quality services that are appropriate to their needs. These methods may include the following:
Verification that contracted managed care organizations (MCOs) develop and maintain quality assurance and quality improvement programs.
Verification that contracted MCOs have sufficient network providers and procedures to ensure that children have access to routine, urgent, and emergency services.
Verification that contracted MCOs maintain a member complaint system and provide access to a grievance process to appeal a plan action.
Will the State utilize any of the following tools to assure quality? (Check all that apply and describe the activities for any categories utilized.)
7.1.1. Quality standards
Contracted MCOs are required to follow standards established by the Commonwealth in the development and maintenance of their quality improvement programs.
7.1.2. Performance measurement
7.1.2(a) CHIPRA Quality Core Set
7.1.2(b) Other
A. Submission of a quality improvement plan. B. Adherence to NCQA, JCAHO, or other nationally recognized accrediting organization. C. Results of HEDIS or other.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 7-112
Effective Date: [07/01/18] 112 Approval Date____________/19
D. CAHPS Survey.
E. Clinical focus studies.
7.1.3. Information strategies
Each managed care organization will establish a system to monitor compliance with access standards set forth by DMAS and a data management system to meet DMAS data collection requirements. DMAS annually requires managed care organizations to report the percentage of children who received all expected well child visits according to the benefits schedule, during the period that each child was enrolled, and the percentage of two-year-old children who have received each immunization specified in the most current ACIP recommendations.
7.1.4. Quality improvement strategies
Health insurers may perform the following:
A. Documentation of current MCHIP quality certification or documentation of a comparable accreditation. B. Develop and maintain a Quality Improvement Program (QIP) which meets standards and reporting requirements set out by the Commonwealth. C. Cooperate and show compliance with the DMAS Quality Improvement Program, which may require calculation and reporting of performance measures and the implementation of performance improvement projects as well as cooperate with DMAS or a designated agent in conducting quality reviews. Managed care organizations are required to have a written utilization management (UM) program that reflects the National Committee for Quality Assurance standards to include mechanisms to detect underutilization and/or overutilization of care. Managed care organizations must show implementation of an approved system to monitor and address complaints and grievances.
7.2. Describe the methods used, including monitoring, to assure: (2102(a)(7)(B)) (42 CFR 457.495)
7.2.1 Access to well-baby care, well-child care, well-adolescent care and childhood and adolescent immunizations. (Section 2102(a)(7)) (42CFR 457.495(a))
Each MCO will meet the requirements by the contract with DMAS to ensure
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 7-113
Effective Date: [07/01/18] 113 Approval Date____________/19 access to well-baby care, well adolescent care, and childhood immunizations. By contract MCOs are responsible for arranging and administering covered services to enrollees and ensuring that the delivery system provides available, accessible and adequate numbers of facilities, locations and personnel for the provision of covered services. The MCO provides or otherwise arranges care by providers specializing in early childhood and youth services. MCOs provide services as established by recognized clinically approved guidelines for standards of care. MCOs ensure that immunizations are rendered in accordance with the most current Advisory Committee on Immunization Practices (ACIP) or the American Academy of Pediatrics Advisory Committee recommendations.
7.2.2 Access to covered services, including emergency services as defined in 42 CFR 457.10. (Section 2102(a)(7)) 42CFR 457.495(b))
MCOs are required to demonstrate their ability to monitor network capacity throughout their service area for routine, urgent, and emergency care. The Commonwealth establishes standards and reporting requirements for access to routine, urgent, and emergency care. Each health plan is solely responsible for arranging for and administering covered services to enrollees and ensuring that its delivery system provides available, accessible, and adequate numbers of facilities, locations, and personnel for the provision of covered services. The health plan must include in its network or otherwise arrange care by providers specializing in early childhood and youth services.
7.2.3 Appropriate and timely procedures to monitor and treat enrollees with chronic, complex, or serious medical conditions, including access to an adequate number of visits to specialists experienced in treating the specific medical condition and access to out-of-network providers when the network is not adequate for the enrollee’s medical condition. (Section 2102(a)(7)) (42CFR 457.495(c))
The State monitors complaints received by DMAS, the Call Center, or MCOs with regard to access to care.
Children with special health care needs are not considered a separate population or as a special population under the FAMIS State Plan. MCOs provide access to all covered services, including specialty services, to any child regardless of the medical condition. Each MCO must have, at a minimum, complex care management programs that focus on improving the health status of members diagnosed with the following conditions: respiratory conditions such as asthma, heart disease, diabetes, co-occurring mental health/behavioral health conditions, and cancer.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 7-114
Effective Date: [07/01/18] 114 Approval Date____________/19
Each MCO must arrange to provide care according to established appointment standards and meet requirements determined by the contract for monitoring and reporting access to services, timeliness of services, and appropriateness of services for all enrollees including those with chronic, complex or serious medical conditions. The MCO is responsible for the provision of services regardless if a medical condition and/or diagnosis was present prior to being assigned the enrollee; thus the MCO will manage all pre-existing conditions. MCOs cover and pay for services furnished in facilities or by practitioners outside the plan’s network if the needed medical services or necessary supplementary resources are not available in the plan’s network.
MCOs are not permitted to refuse an assignment or disenroll a patient or otherwise discriminate against a patient based on physical or mental disability or type of illness or condition.
7.2.4 Decisions related to the prior authorization of health services are completed in accordance with State law or, in accordance with the medical needs of the patient, within 14 days after the receipt of a request for services. (Section 2102(a)(7)) (42 CFR 457.495(d))
Prior authorization of health decisions is made in accordance with State law, consistent with the standards set by the regulations governing managed care health insurance plans.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-115
Effective Date: [07/01/18] 115 Approval Date____________/19 Section 8. Cost Sharing and Payment (Section 2103(e))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 9.
8.1. Is cost-sharing imposed on any of the children covered under the plan? (42 CFR 457.505)
8.1.1. YES 8.1.2. NO, skip to question 8.8.
8.2. Describe the amount of cost-sharing, any sliding scale based on income, the group or groups of enrollees that may be subject to the charge and the service for which the charge is imposed or time period for the charge, as appropriate. (Section 2103(e)(1)(A)) (42 CFR 457.505(a), 457.510(b) &(c), 457.515(a)&(c))
8.2.1. Premiums:
None. Effective April 15, 2002, Virginia temporarily suspended premiums until further notice. Effective September 1, 2002, the FAMIS program no longer charges premiums.
8.2.2. Deductibles:
None.
8.2.3. Coinsurance or copayments:
Co-payments shall not be imposed on any of the children covered under the Secretary-approved coverage offered through fee-for-service.
In Secretary-approved coverage modeled after the state employee plan, no co-payments are required for well-baby and well-child and other preventive services.
Effective 7/1/10, no co-payments are required for pregnancy-related services.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-116
Effective Date: [07/01/18] 116 Approval Date____________/19 Copayments for Secretary-approved coverage modeled after the state employee plan are:
Description of Service 150% FPL > 150% FPL Outpatient $2 per visit $5 per visit Prescription Drugs $2 per prescription $5 per prescription Inpatient $15 per admission $25 per admission Non-Emergency use of Emergency Room $10 per visit $25 per visit Poverty Levels 150% FPL > 150% FPL Maximum Yearly Co-Payment Limit Per Family
$180
$350
Income levels are provided as a percentage of Federal Poverty Level (FPL) based on gross income.
Total cost-sharing for each year (or 12-month eligibility period) is limited to: (1) for a family with an annual income equal to or less than 150% of the FPL, the lesser of (a) 2.5% of a family’s income, and (b) $180.00; and (2) for a family with an annual income greater than 150% of the FPL, the lesser of (a) 5% of a family’s income, and (b) $350.00.
The co-payment and coinsurance maximums are set at thresholds that are well below the maximum allowable per CMS for families with annual incomes equal to or below 150% of FPL and for those with annual incomes above 150% of FPL. The maximum yearly co-payment limit for families in FAMIS with annual incomes at or below 150% FPL is $180.00 per year. Families enrolled in FAMIS and receiving benefits through FAMIS contracted health plans are advised of the amount of maximum allowable cost-sharing that they may be responsible for during the year. Families are required to submit documentation to DMAS or its contractor, showing that the co-payment cap is met for the year. Once the cap is met, DMAS or its contractor will issue a new card excluding families from paying additional co-pays.
Enrollees are not held liable for any additional costs, beyond the standard co-payment amount, for emergency services furnished outside of the individual’s managed care network. Only one co-payment charge is imposed for a single office visit.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-117
Effective Date: [07/01/18] 117 Approval Date____________/19 The proposed cost sharing caps to be applied toward copayments and/or coinsurance ($180 and $350) were included in the Plan document.
No cost-sharing will be charged to American Indians and Alaska Natives.
8.2.4. Other
8.3. Describe how the public will be notified, including the public schedule, of this cost- sharing (including the cumulative maximum) and changes to these amounts and any differences based on income. (Section 2103(e)((1)(A)) (42 CFR 457.505(b))
The public is notified of FAMIS’ cost-sharing requirements, including differences based on income and plans, in the outreach and enrollment materials including: The DMAS and Cover Virginia websites; FAMIS Member Handbook; Managed care organization member handbooks; and Outreach grantees. The public also has the opportunity to become involved during the regulatory process. Implementing regulations must go through a mandatory 60-day comment period consistent with the Code of Virginia. The Children’s Health Insurance Program Advisory Committee (CHIPAC) provides an opportunity for public education and input.
Effective April 15, 2002, Virginia temporarily suspended premiums until further notice. FAMIS families were notified by letter, informing them of the suspension of premiums and copies of such letters were posted on the DMAS web site. Effective September 1, 2002, the FAMIS program no longer charges premiums.
8.4. The state assures that it has made the following findings with respect to the cost sharing in its plan: (Section 2103(e))
8.4.1. Cost-sharing does not favor children from higher income families over lower income families. (Section 2103(e)(1)(B)) (42 CFR 457.530) 8.4.2. No cost-sharing applies to well-baby and well-child care, including age- appropriate immunizations. (Section 2103(e)(2)) (42 CFR 457.520) 8.4.3. No additional cost-sharing applies to the costs of emergency medical services delivered outside the network. (Section 2103(e)(1)(A)) (42 CFR 457.515(f))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-118
Effective Date: [07/01/18] 118 Approval Date____________/19
8.4.1- MHPAEA There is no separate accumulation of cumulative financial requirements, as defined in 42 CFR 457.496(a), for mental health and substance abuse disorder benefits compared to medical/surgical benefits. (42 CFR 457.496(d)(3)(iii))
8.4.2- MHPAEA If applicable, any different levels of financial requirements that are applied to different tiers of prescription drugs are determined based on reasonable factors, regardless of whether a drug is generally prescribed for medical/surgical benefits or mental health/substance use disorder benefits. (42 CFR 457.496(d)(3)(ii)(A))
8.4.3- MHPAEA Cost sharing applied to benefits provided under the State child health plan will remain capped at five percent of the beneficiary’s income as required by 42 CFR 457.560 (42 CFR 457.496(d)(3)(i)(D)).
8.4.4- MHPAEA Does the State apply financial requirements to any mental health or substance use disorder benefits? If yes, specify the classification(s) of benefits in which the State applies financial requirements on any mental health or substance use disorder benefits.
Yes (Specify: inpatient and prescription drug copayments) No Guidance: For the purposes of parity, financial requirements include deductibles, copayments, coinsurance, and out of pocket maximums; premiums are excluded from the definition. If the state does not apply financial requirements on any mental health or substance use disorder benefits, the state meets parity requirements for financial requirements. If the state does apply financial requirements to mental health or substance use disorder benefits, the state must conduct a parity analysis. Please continue below.
Please ensure that changes made to financial requirements under the State child health plan as a result of the parity analysis are also made in Section 8.2.
8.4.5- MHPAEA Does the State apply any type of financial requirements on any medical/surgical benefits?
Yes No Guidance: If the State does not apply financial requirements on any medical/surgical benefits, the State may not impose financial requirements on mental health or substance use disorder benefits.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-119
Effective Date: [07/01/18] 119 Approval Date____________/19
8.4.6- MHPAEA Within each classification of benefits in which the State applies a type of financial requirement on any mental health or substance use disorder benefits, the State must determine the portion of medical and surgical benefits in the class which are subject to the limitation.
The State assures it has applied a reasonable methodology to determine the dollar amounts used in the ratio described above (Section 6.2.5.2-MHPAEA) for each classification or within which the State applies financial requirements to mental health or substance use disorder benefits. (42 CFR 457.496(d)(3)(i)(E))
8.4.7- MHPAEA For each type of financial requirement applied to any mental health or substance use disorder benefits within a given classification, does the State apply the same type of financial requirement to at least two-thirds (“substantially all”) of all the medical/surgical benefits within the same classification? (42 CFR 457.496(d)(3)(i)(A))
Yes No Guidance: If the State does not apply a type of financial requirement to substantially all medical/surgical benefits in a given classification of benefits, the State may not impose financial requirements on mental health or substance use disorder benefits in that classification. (42 CFR 457.496(d)(3)(i)(A))
8.4.8- MHPAEA For each type of financial requirement applied to substantially all medical/surgical benefits in a classification, the State must determine the predominant level (as defined in 42 CFR 457.496(d)(3)(i)(B)) of that type which is applied to medical/surgical benefits in the classification. For each type of financial requirement applied to substantially all medical/surgical benefits in a classification, the State assures:
The same reasonable methodology applied in determining the dollar amounts used in determining whether substantially all medical/surgical benefits within a classification are subject to a type of financial requirement also is applied in determining the dollar amounts used to determine the predominant level of a type of financial requirement applied to medical/surgical benefits within a classification. (42 CFR 457.496(d)(3)(i)(E))
The level of each type of financial requirement applied by the State to mental health or substance use disorder benefits in any classification is no more restrictive than the predominant level of that type which is applied by the State to
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-120
Effective Date: [07/01/18] 120 Approval Date____________/19 medical/surgical benefits within the same classification. (42 CFR 457.496(d)(2)(i))
Guidance: If there is no single level of a type of financial requirement that exceeds the one-half threshold, the State may combine levels within a type of financial requirement such that the combined levels are applied to at least half of all medical/surgical benefits within a classification; the predominant level is the least restrictive level of the levels combined to meet the one-half threshold. (42 CFR 457.496(d)(3)(i)(B)(2))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-121
Effective Date: [07/01/18] 121 Approval Date____________/19 8.5. Describe how the state will ensure that the annual aggregate cost-sharing for a family does not exceed 5 percent of such family’s income for the length of the child’s eligibility period in the State. Include a description of the procedures that do not primarily rely on a refund given by the state for overpayment by an enrollee: (Section 2103(e)(3)(B)) (42CFR 457.560(b) and 457.505(e))
Virginia has structured the cost sharing levels to make it highly unlikely that any family will exceed the allowable cost sharing.
Virginia ensures that the annual aggregate cost sharing for all FAMIS enrollees in a family does not exceed 5% of a family’s income as required by §2103(e)(3)(b) of Title XXI. Co-payments are capped at levels that are extremely unlikely to exceed the upper limit. Total cost-sharing for each year (or 12-month eligibility period) is limited to: for a family with an annual income equal to or less than 150% of the FPL, the lesser of (a) 2.5% of a family’s income or (b) $180; and for a family with an annual income greater than 150% of FPL, the lesser of (c) 5% of the family’s income or (d) $350. In 2018, the federal poverty level for a family of one is $12,140: 5% of that amount is $607 and 2.5% of that amount is $304. Virginia’s cost-sharing caps are well below these amounts and are designed not to exceed 2.5% or 5% of a family’s income, respectively.
As mentioned earlier, families under the Secretary-approved coverage offered through the fee-for-service program are not subject to any cost-sharing.
Families are required to submit documentation to DMAS or its contractor, showing that the co-payment limit is met for the year. Once the cap is met, the managed care organization will issue a new card excluding families from paying additional co-pays.
Finally, Title XXI requires that cost-sharing for families with incomes below 150 percent of FPL not exceed an amount that is “nominal” under Medicaid law, with appropriate adjustment for inflation or other reasons as the Secretary determines to be reasonable. The maximum co-payment for a service costing over $50 is $3 under Medicaid law and was established in 1978. Virginia’s co-payment for families under 150% of FPL is $2, which is well below the $3 federal cap.
8.6 Describe the procedures the state will use to ensure American Indian (as defined by the Indian Health Care Improvement Act of 1976) and Alaska Native children will be excluded from cost-sharing. (Section 2103(b)(3)(D)) (42CFR 457.535)
No cost-sharing will be charged to American Indians and Alaska Natives. The application form requests information regarding race, ethnicity, and AI/AN
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-122
Effective Date: [07/01/18] 122 Approval Date____________/19 status on each child for whom application for child health insurance is made. The applicant’s statement on the application form is sufficient to exempt an AI/AN child from any cost-sharing obligations. The FAMIS automated eligibility determination system codes the case records for children listed on the application form as Alaska Natives or American Indians and the automated record will exempt such children from any cost-sharing obligations.
8.7 Please provide a description of the consequences for an enrollee or applicant who does not pay a charge. (42CFR 457.570 and 457.505(c))
Not applicable.
8.7.1 Please provide an assurance that the following disenrollment protections are being applied:
State has established a process that gives enrollees reasonable notice of and an opportunity to pay past due premiums, copayments, coinsurance, deductibles or similar fees prior to disenrollment. (42CFR 457.570(a)) The disenrollment process affords the enrollee an opportunity to show that the enrollee’s family income has declined prior to disenrollment for non payment of cost-sharing charges. (42CFR 457.570(b)) In the instance mentioned above, that the state will facilitate enrolling the child in Medicaid or adjust the child’s cost-sharing category as appropriate. (42CFR 457.570(b)) The state provides the enrollee with an opportunity for an impartial review to address disenrollment from the program. (42CFR 457.570(c))
8.8 The state assures that it has made the following findings with respect to the payment aspects of its plan: (Section 2103(e))
8.8.1. No Federal funds will be used toward state matching requirements. (Section 2105(c)(4)) (42CFR 457.220)
8.8.2. No cost-sharing (including premiums, deductibles, copays, coinsurance and all other types) will be used toward state matching requirements. (Section 2105(c)(5) (42CFR 457.224) (Previously 8.4.5)
8.8.3. No funds under this title will be used for coverage if a private insurer would have been obligated to provide such assistance except for a provision limiting this obligation because the child is eligible under this title. (Section 2105(c)(6)(A)) (42CFR 457.626(a)(1))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-123
Effective Date: [07/01/18] 123 Approval Date____________/19
8.8.4. Income and resource standards and methodologies for determining Medicaid eligibility are not more restrictive than those applied as of June 1, 1997. (Section 2105(d)(1)) (42CFR 457.622(b)(5))
8.8.5. No funds provided under this title or coverage funded by this title will include coverage of abortion except if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. (Section 2105)(c)(7)(B)) (42CFR 457.475)
Abortion only if necessary to save the life of the mother.
8.8.6. No funds provided under this title will be used to pay for any abortion or to assist in the purchase, in whole or in part, for coverage that includes abortion (except as described above). (Section 2105)(c)(7)(A)) (42CFR 457.475)
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-124
Effective Date: [07/01/18] 124 Approval Date____________/19 Section 9. Strategic Objectives and Performance Goals and Plan Administration (Section 2107)
9.1. Describe strategic objectives for increasing the extent of creditable health coverage among targeted low-income children and other low-income children: (Section 2107(a)(2)) (42CFR 457.710(b))
Objective One: To reduce the number of uninsured children. Objective Two: To improve the health care status of children. Objective Three: To conduct effective outreach to encourage enrollment in health insurance plans.
9.2. Specify one or more performance goals for each strategic objective identified: (Section 2107(a)(3)) (42CFR 457.710(c))
See Section 9.3.
9.3. Describe how performance under the plan will be measured through objective, independently verifiable means and compared against performance goals in order to determine the state’s performance, taking into account suggested performance indicators as specified below or other indicators the state develops: (Section 2107(a)(4)(A),(B)) (42CFR 457.710(d))
With the FAMIS program well established after 10 years, Virginia re-assessed the performance goals for the program. While program managers continue to monitor enrollment on a monthly basis, a decision was made to focus on quality measures rather than enrollment targets.
All of Virginia’s Medicaid/CHIP managed care organizations (MCOs) are required to be accredited by the National Committee for Quality Assurance (NCQA). As such, they must calculate Healthcare Effectiveness Data and Information Set (HEDIS) scores on an annual basis. These measures of care are calculated using technical specifications set forth by the NCQA. In addition, each MCO is required to conduct the CAHPS Child Survey annually. Virginia contracts with the same MCOs for Medicaid and FAMIS services. All performance measures are monitored based on the combined Medicaid-CHIP population:
Childhood Immunization Status (Combo 2) and each vaccine reported separately as well Childhood Immunization Status (Combo 3) and each vaccine reported separately as well Lead Screening in Children Well-Child Visits in the First 15 Months of Life and each number of visits listed separately
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-125
Effective Date: [07/01/18] 125 Approval Date____________/19 Well-Child Visits in the Third, Fourth, Fifth, and Sixth Year of Life Adolescent Well-Care Visit Children and Adolescent access to primary care practitioners Asthma – Medication Management (all age categories set forth by the HEDIS technical specifications)
The Children’s Health Insurance Program Advisory Committee (CHIPAC) continues to monitor progress on the following measures, based on HEDIS specifications, and make recommendations for improvement:
Well Child Visits for child and adolescent age groups Immunizations at 2 years of age for combinations 2 and 3
The DMAS agency strategic plan was modified to include performance measures and goals for the CHIP population for the 2016-2018 biennium, beginning July 1, 2016, using NCQA’s HEDIS technical specifications:
Percentage of adolescents in managed care with at least one comprehensive well- visit per year – Annually Percentage of two-year-olds in managed care who are fully immunized – Annually Number of Medicaid/FAMIS enrolled children who received at least one dental service – Quarterly
Check the applicable suggested performance measurements listed below that the state plans to use: (Section 2107(a)(4))
9.3.1. The increase in the percentage of Medicaid-eligible children enrolled in Medicaid.
9.3.2. The reduction in the percentage of uninsured children.
9.3.3. The increase in the percentage of children with a usual source of care.
9.3.4. The extent to which outcome measures show progress on one or more of the health problems identified by the state.
9.3.5. HEDIS Measurement Set relevant to children and adolescents younger than 19.
9.3.6. Other child appropriate measurement set. List or describe the set used.
9.3.7. If not utilizing the entire HEDIS Measurement Set, specify which measures will be collected, such as:
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-126
Effective Date: [07/01/18] 126 Approval Date____________/19 9.3.7.1. Immunizations (HEDIS) 9.3.7.2. Well child care (HEDIS) 9.3.7.3. Adolescent well visits (HEDIS) 9.3.7.4. Satisfaction with care (CAHPS) 9.3.7.5. Mental health (HEDIS) 9.3.7.6. Dental care (EPSDT) 9.3.7.7. Other, please list:
Lead screening (HEDIS)
Asthma (HEDIS)
9.3.8. Performance measures for special targeted populations.
9.4. The state assures it will collect all data, maintain records and furnish reports to the Secretary at the times and in the standardized format that the Secretary requires. (Section 2107(b)(1)) (42CFR 457.720)
9.5. The state assures it will comply with the annual assessment and evaluation required under Section 10. Briefly describe the state’s plan for these annual assessments and reports. (Section 2107(b)(2)) (42CFR 457.750)
DMAS complies with subsection 10.1 in assessing the operation of FAMIS and submitting a report to the Secretary by January 1 following the end of the fiscal year. This includes the reduction in the number of uninsured low-income children and the results of the program assessment.
9.6. The state assures it will provide the Secretary with access to any records or information relating to the plan for purposes of review of audit. (Section 2107(b)(3)) (42CFR 457.720)
9.7. The state assures that, in developing performance measures, it will modify those measures to meet national requirements when such requirements are developed. (42CFR 457.710(e))
9.8. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: (Section 2107(e)) (42CFR 457.135)
9.8.1. Section 1902(a)(4)(C) (relating to conflict of interest standards)
9.8.2. Paragraphs (2), (16) and (17) of Section 1903(i) (relating to limitations on payment)
9.8.3. Section 1903(w) (relating to limitations on provider donations and taxes)
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-127
Effective Date: [07/01/18] 127 Approval Date____________/19
9.8.4. Section 1132 (relating to periods within which claims must be filed)
9.9. Describe the process used by the state to accomplish involvement of the public in the design and implementation of the plan and the method for insuring ongoing public involvement. (Section 2107(c)) (42CFR 457.120(a) and (b))
The public has the opportunity for involvement in major changes to the FAMIS program through the legislative process of the Virginia General Assembly. The public also has the opportunity to become involved in administrative policies during the regulatory process. Implementing regulations must go through a mandatory 60-day comment period consistent with the Code of Virginia.
Another method for insuring ongoing public involvement is the Children’s Health Insurance Program Advisory Committee (CHIPAC). CHIPAC is composed of representatives from public and private organizations and other individuals with significant knowledge of and interest in children’s health insurance. The Committee meets quarterly to assess policies, operations, and outreach efforts. Meetings are open to the public and include a public comment period. The Committee may offer recommendations regarding policies, the coordination of regional and local outreach activities, and procedures for streamlining and simplifying the application process, brochures, other printed materials, forms, and applicant correspondence.
9.9.1 Describe the process used by the state to ensure interaction with Indian Tribes and organizations in the state on the development and implementation of the procedures required in 42 CFR 457.125. (Section 2107(c)) (42CFR 457.120(c))
At this time, Virginia has seven federally recognized Indian tribes. DMAS participates with CMS representatives and Tribal leaders in an annual face- to-face tribal consultation. During this meeting, the state’s development and implementation of pertinent components of the CHIP State Plan are discussed.
9.9.2 For an amendment relating to eligibility or benefits (including cost sharing and enrollment procedures), please describe how and when prior public notice was provided as required in 457.65(b) through (d).
FAMIS MCO coverage has expanded incrementally over the years since 2000 in conjunction with the expansion of Medicaid MCOs. Prior to each expansion, notification was sent by letter to all affected members, and a Medicaid Memorandum was sent to all providers. This Memorandum was also posted on the DMAS website.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-128
Effective Date: [07/01/18] 128 Approval Date____________/19
9.10. Provide a one year projected budget. A suggested financial form for the budget is attached. The budget must describe: (Section 2107(d)) (42CFR 457.140)
Planned use of funds, including: Projected amount to be spent on health services; Projected amount to be spent on administrative costs, such as outreach, child health initiatives, and evaluation; and Assumptions on which the budget is based, including cost per child and expected enrollment. Projected sources of non-Federal plan expenditures, including any requirements for cost-sharing by enrollees.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-129
Effective Date: [07/01/18] 129 Approval Date____________/19 CHIP Budget Plan
Federal Fiscal Year Costs – FFY 2019 Federal Fiscal Year Costs – FFY 2020 Enhanced FMAP rate 88% 76.5% Benefit Costs Insurance payments
Managed care $320,263,480 $343,609,577 per member/per month rate @ # of eligible $192.61 @ 138,562 avg elig/mo $190.49 @ 150,316 avg elig/mo Fee for Service $82,868,410 $78,623,688 Cost of Proposed SPA changes $0 $0 Total Benefit Costs $403,131,891 $422,233,265 (Offsetting beneficiary cost sharing payments) $1 $1 Net Benefit Costs $403,131,892 $422,233,266
Administration Costs
Personnel $2,927,614 $3,027,479 General administration $411,743 $425,789 Contractors/Brokers (e.g., enrollment contractors) $11,423,841 $11,813,525 Claims Processing $5,149,833 $5,325,502 Outreach/marketing costs $2,722,435 $2,815,301 Other
Total Administration Costs $22,635,468 $23,407,596 10% Administrative Cost Ceiling $44,792,432 $46,914,807
Federal Share (multiplied by enh-FMAP rate) $374,675,276 $340,915,260 State Share $51,092,083 $104,725,603 TOTAL PROGRAM COSTS $425,767,359 $445,640,862
Funding:
State funding comes from state General Funds and the Family Access to Medical Insurance Security (FAMIS) Plan Trust Fund.
The 1997 General Assembly established the Virginia Children’s Medical Security
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-130
Effective Date: [07/01/18] 130 Approval Date____________/19 Insurance Plan (CMSIP) Trust Fund in anticipation that a children’s health insurance program would be enacted by the 1998 General Assembly. The fund was renamed the FAMIS Plan Trust Fund in legislation enacted in 2000. The Assembly directed that the Fund be used to pay, in part, the Commonwealth’s share of expenditures under the children’s health insurance program. Income to the Fund is derived from increased health insurance premium tax revenue. In 1997, the Commonwealth repealed a partial tax exemption enjoyed by the Blue Cross and Blue Shield Companies, which no longer provide insurance of last resort as a result of HIPAA reforms. Payments into the Trust Fund are approximately $14 million a year. The remainder of the Commonwealth’s share is paid from state General Funds.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-131
Effective Date: [07/01/18] 131 Approval Date____________/19 Section 10. Annual Reports and Evaluations (Section 2108)
10.1. Annual Reports. The state assures that it will assess the operation of the state plan under this Title in each fiscal year, including: (Section 2108(a)(1),(2)) (42CFR 457.750)
10.1.1. The progress made in reducing the number of uninsured low-income children and report to the Secretary by January 1 following the end of the fiscal year on the result of the assessment, and
10.2. The state assures it will comply with future reporting requirements as they are developed. (42CFR 457.710(e))
10.3. The state assures that it will comply with all applicable Federal laws and regulations, including but not limited to Federal grant requirements and Federal reporting requirements.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 11-132
Effective Date: [07/01/18] 132 Approval Date____________/19 Section 11. Program Integrity (Section 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue to Section 12.
11.1 The state assures that services are provided in an effective and efficient manner through free and open competition or through basing rates on other public and private rates that are actuarially sound. (Section 2101(a)) (42CFR 457.940(b))
11.2. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: (Section 2107(e)) (42CFR 457.935(b)) The items below were moved from section 9.8. (Previously items 9.8.6. - 9.8.9)
11.2.1. 42 CFR Part 455 Subpart B (relating to disclosure of information by providers and fiscal agents) 11.2.2. Section 1124 (relating to disclosure of ownership and related information) 11.2.3. Section 1126 (relating to disclosure of information about certain convicted individuals) 11.2.4. Section 1128A (relating to civil monetary penalties) 11.2.5. Section 1128B (relating to criminal penalties for certain additional charges) 11.2.6. Section 1128E (relating to the National health care fraud and abuse data collection program)
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-133
Effective Date: [07/01/18] 133 Approval Date____________/19 Section 12. Applicant and enrollee protections (Sections 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan.
Eligibility and Enrollment Matters
12.1 Describe the review process for eligibility and enrollment matters that complies with 42 CFR 457.1120.
For reviews involving adverse eligibility actions taken by the Department of Medical Assistance Services (DMAS), the Department of Social Services (DSS), or the Central Processing Unit (CPU), the following procedures shall apply.
1. DMAS, the DSS, and/or the CPU must send written notification of adverse actions affecting an individual’s request for or receipt of FAMIS coverage. Adverse actions include: a. Denial of eligibility; b. Failure to make a timely determination; c. Suspension or termination of enrollment, including disenrollment for failure to pay cost sharing.
2. The written notification must include the reasons for the determination, an explanation of rights to request a review and how to request a review, the standard and expedited time frames for review, and the circumstances under which enrollment may continue pending review. The notice must be sent to applicants/enrollees within 10 days after the date of denial or at least 10 days prior to suspension or termination of enrollment.
3. To be considered timely, a request for review shall be received by DMAS no later than 30 calendar days from the date of the notice of adverse action.
4. A review shall not be granted if the sole basis for the adverse determination is a state or federal provision requiring an automatic change in eligibility or enrollment that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
5. A request for review shall be heard and decided by an agent of DMAS who has not been directly involved in the adverse action under review.
6. All applicants/enrollees shall have the right to have personal and medical information and records maintained as confidential.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-134
Effective Date: [07/01/18] 134 Approval Date____________/19 7. All applicants/enrollees shall have an opportunity to:
a) Represent themselves or have representation of their choosing during the review process; b) Timely review their files and other applicable information relevant to review of the decision; c) Fully participate in the review process, including an opportunity to present supplemental information during the review process; and d) Receive continued coverage if the enrollee requests a review prior to the effective date of the suspension or termination of the enrollment.
8. If an expedited review decision is not mandated, a request for review shall result in a written final decision within 90 calendar days of receipt of the request for review unless the applicant, enrollee, or authorized representative requests or causes a delay. An expedited review decision will be mandated whenever the State receives, from the managed care organization or the primary health provider, information indicating that taking the time for a standard resolution of the review request could seriously jeopardize the enrollee’s life or health or ability to attain, maintain, or regain maximum function. If an expedited review decision is mandated, then a request for review shall result in a written final decision within 3 business days after the State receives, from the managed care organization or the primary health provider, the case record and information indicating that taking the time for a standard resolution of the review request could seriously jeopardize the enrollee’s life or health or ability to attain, maintain, or regain maximum function, unless the applicant, enrollee, or authorized representative requests or causes a delay.
Health Services Matters
12.2 Please describe the review process for health services matters that complies with 42 CFR 457.1120. “Health services matters” refers to grievances relating to the provision of health care.
For reviews involving health services matters for FAMIS enrollees receiving services through Managed Care Organizations (MCOs), the following procedures shall apply.
1. The MCO shall provide a written notification within 10 days after a decision is made and provide the opportunity for external review whenever an enrollee’s request for covered services is delayed, denied, reduced, suspended, or terminated, in whole or in part including a determination about the type or level of services; or whenever there has been the failure to approve, furnish or provide
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-135
Effective Date: [07/01/18] 135 Approval Date____________/19 payment for health services in a timely manner.
2. Written notification must include the reasons for the determination, an explanation of rights to request a review and how to request a review, and the standard and expedited time frames for review. In addition, it shall inform the enrollee about his or her opportunity to file a grievance or a request for review with the MCO, and include the phone number and name of the contact person at the MCO’s office.
3. The MCO shall comply with the Department’s hearing process, no more or less, and in the same manner as is required for all other FAMIS evidentiary hearings.
4. The MCO shall have written policies and procedures which describe the informal and formal grievance and review process and how it operates, and the process must be in compliance with federal and State regulations. The procedures must provide for prompt resolution of the issue and involve the participation of individuals with the authority to require corrective action.
5. A review shall not be granted if the sole basis for the adverse determination is a state or federal provision requiring an automatic change that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
6. The MCO shall offer an internal grievance review procedure. The MCO shall issue grievance decisions within fourteen (14) days from the date of initial receipt of the grievance and after all pertinent information has been received. The decision must be in writing and shall include but not be limited to:
a. The decision reached by the MCO; b. The reasons for the decision; c. The policies or procedures which provide the basis for the decision; and d. A clear explanation of further review rights and the time frame for filing a request for review.
7. The enrollee may request an external review of any formal grievance decision by the MCO. An external review organization shall manage the external review procedure. The external review organization provides an independent external review, because the external review organization is the State or a contractor other than the contractor responsible for the matter subject to external review. If an enrollee wishes to file an appeal with the external review organization, the appeal must be filed within 30 days of the enrollee’s receipt of notice of the final decision from the MCO.
8. The MCO shall provide to the external review organization all information necessary for any enrollee appeal within the time frame established by the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-136
Effective Date: [07/01/18] 136 Approval Date____________/19 Department.
9. All applicants/enrollees shall have the right to have personal and medical information and records maintained as confidential.
10. All applicants/enrollees shall have an opportunity to:
a. Represent themselves or have representation of their choosing during the review process; b. Timely review their files and other applicable information relevant to review of the decision; c. Fully participate in the review process, whether the review is in person or in writing, including an opportunity to present supplemental information during the review process; and d. Receive continued coverage if the enrollee requests a review prior to the effective date of the reduction or termination of services or payment for services.
11. Unless an expedited review decision is mandated, the external review organization shall complete the external review process and issue a decision within ninety (90) calendar days of the date an enrollee requests an internal review. If the enrollee’s physician or health plan determines that operating under the standard time frame could seriously jeopardize the enrollee’s life or health or ability to attain, maintain, or regain maximum function, then the external review organization must complete the external review process and issue a decision within seventy-two (72) hours of the time an enrollee requests external review.
12. The MCO shall comply with the external review decision. The external review organization’s decision in these matters shall be final and shall not be subject to appeal by the MCO.
13. The external review organization’s decision must be in writing and shall include but not be limited to:
a. The decision reached by the external review organization; b. The reasons for the decision; c. The policies or procedures which provide the basis for the decision.
For reviews involving health services matters for FAMIS enrollees receiving services through fee-for-service, the following procedures shall apply.
1. The State or its contractor shall provide a written notification within 10 days
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-137
Effective Date: [07/01/18] 137 Approval Date____________/19 after a decision is made and provide the opportunity for external review whenever an enrollee’s request for covered services is delayed, denied, reduced, suspended, or terminated, in whole or in part including a determination about the type or level of services; or whenever there has been the failure to approve, furnish or provide payment for health services in a timely manner.
2. Written notification must include the reasons for the determination, an explanation of rights to request a review and how to request a review, and the standard and expedited time frames for review.
3. A review shall not be granted if the sole basis for the adverse determination is a state or federal provision requiring an automatic change that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
4. The external review must be conducted by the State or a contractor other than the contractor responsible for the matter subject to external review.
5. If an enrollee wishes to request an external review, the request must be filed within 30 days of the enrollee’s receipt of notice of the final decision from the State or its contractor.
6. All applicants/enrollees shall have the right to have personal and medical information and records maintained as confidential.
7. All applicants/enrollees shall have an opportunity to: a. Represent themselves or have representation of their choosing during the review process; b. Timely review their files and other applicable information relevant to review of the decision; c. Fully participate in the review process, whether the review is in person or in writing, including an opportunity to present supplemental information during the review process; and d. Receive continued coverage if the enrollee requests a review prior to the effective date of the reduction or termination of services or payment for services.
8. Unless an expedited review decision is mandated, the external review process shall be completed and a written decision shall be issued within ninety (90) calendar days of the date an enrollee requests an external review, unless the applicant, enrollee, or authorized representative requests or causes a delay. If the enrollee’s physician or health plan determines that operating under the standard time frame could seriously jeopardize the enrollee’s life or health or
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-138
Effective Date: [07/01/18] 138 Approval Date____________/19 ability to attain, maintain, or regain maximum function, then the external review process must be completed and a written decision must be issued within seventy- two (72) hours of the time an enrollee requests external review, unless the applicant, enrollee, or authorized representative requests or causes a delay.
For reviews involving behavioral health services matters for FAMIS enrollees receiving services through the contracted BHSA, the following procedures shall apply.
1. The BHSA shall provide a written notification within 10 days after a decision is made and provide the opportunity for external review whenever an enrollee’s request for covered services is delayed, denied, reduced, suspended, or terminated, in whole or in part including a determination about the type or level of services; or whenever there has been the failure to approve, furnish or provide payment for health services in a timely manner.
2. Written notification must include the reasons for the determination, an explanation of rights to request a review and how to request a review, and the standard and expedited time frames for review. In addition, it shall inform the enrollee about his or her opportunity to file a grievance or a request for review with the BHSA, and include the phone number and name of the contact person at the BHSA’s office.
3. The BHSA shall have written policies and procedures which describe the informal and formal grievance and review process and how it operates, and the process must be in compliance with federal and State regulations. The BHSA shall issue grievance decisions within thirty (30) days from the date of initial receipt of the grievance.
4. A review shall not be granted if the sole basis for the adverse determination is a state or federal provision requiring an automatic change that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
5. FAMIS members have the right to appeal most adverse actions by the BHSA contractor directly to the Department. The contractor shall notify the members of their right to appeal to the Department. If an enrollee wishes to file an appeal with the Department, the appeal must be filed within 30 days of the enrollee’s receipt of notice of the decision from the BHSA contractor.
6. The BHSA shall provide to the Department all information necessary for any enrollee appeal within the time frame established by the Department.
7. All applicants/enrollees shall have the right to have personal and medical information and records maintained as confidential.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-139
Effective Date: [07/01/18] 139 Approval Date____________/19
8. All applicants/enrollees shall have an opportunity to:
a. Represent themselves or have representation of their choosing during the review process; b. Timely review their files and other applicable information relevant to review of the decision; c. Fully participate in the review process, whether the review is in person or in writing, including an opportunity to present supplemental information during the review process; and d. Receive continued coverage if the enrollee requests a review prior to the effective date of the reduction or termination of services or payment for services.
9. The Department shall complete the review process and issue a decision within ninety (90) calendar days of the date an enrollee’s request. An expedited review must be completed within seventy-two (72) hours of the request.
10. The Department’s decision must be in writing and shall include but not be limited to: the decision reached by the Department; the reasons for the decision; and, the policies or procedures which provide the basis for the decision.
11. The BHSA shall comply with the Department’s decision.
12.3 Premium Assistance Programs - If providing coverage through a group health plan that does not meet the requirements of 42 CFR 457.1120, please describe how the state will assure that applicants and enrollees have the option to obtain health benefits coverage other than through the group health plan at initial enrollment and at each redetermination of eligibility.
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(spa)(va-20-0015)(approval-package)Virginia CHIP SPA VA-20-0015: Approval Package (approved July 26, 2022, effective October 24, 2020)#
(spa)(va-20-0015)(approval-package)(page-1)Page 1#
_____________________________________________________________________________ Table of Contents State/Territory Name: State Plan Amendment (SPA) #: This file contains the following documents in the order listed: 1) Approval Letter 2) State Plan Pages Virginia VA-20-0015 and VA-22-0011
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DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services 7500 Security Boulevard, Mail Stop S2-01-16 Baltimore, MD 21244-1850 Children and Adults Health Programs Group July 26, 2022 Cindy Olson, Director Eligibility and Enrollment Services Division Virginia Department of Medical Assistance Services 600 East Broad Street, Suite 1300 Richmond, VA 23219 Dear Ms. Olson: Your title XXI Children’s Health Insurance Program (CHIP) State Plan Amendments (SPAs) VA-20-0015, submitted June 30, 2020, with additional information received on July 20, 2022, and VA-22-0011, submitted on June 7, 2022 have been approved. VA-20-0015 was effective on October 24, 2019. The effective dates for VA-22-0011 are described below. Through VA-20-0015, Virginia has demonstrated compliance with section 5022 of the Substance Use Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities (SUPPORT) Act. Section 5022 of the SUPPORT Act added Section 2103(c)(5) to the Social Security Act (the Act) and requires child health and pregnancy related assistance to include coverage of services necessary to prevent, diagnose, and treat a broad range of behavioral health symptoms and disorders. Additionally, Section 2103(c)(5)(B) of the Act requires that behavioral health services be delivered in a culturally and linguistically appropriate manner. Virginia demonstrated compliance by providing the necessary assurances and benefit descriptions that the state covers a range of behavioral health services in a culturally and linguistically appropriate manner. Virginia is making several new behavioral health services available in CHIP through VA-22-0011. Effective July 1, 2021, the state added intensive outpatient services, partial hospitalization, and assertive community treatment to its CHIP state plan. Effective December 1, 2021, Virginia also added crisis stabilization, multi-systemic therapy, and functional family therapy to its CHIP state plan. VA-22-0011 also makes technical updates in section 4 of the CHIP state plan to include an updated hardship exception analysis for coverage of children of state employees and in section 9 to reflect updates to the strategic objectives and performance goals. Your Project Officer is Ms. Ticia Jones. She is available to answer your questions concerning this amendment and other CHIP-related matters. Ms. Jones’ contact information is as follows: Centers for Medicare & Medicaid Services Center for Medicaid and CHIP Services 7500 Security Boulevard, Mail Stop S2-01-16 Baltimore, MD 21244-1850 Telephone: (410) 786-8145 E-mail: Ticia.Jones@cms.hhs.gov
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Page 2 – Ms. Cindy Olson If you have additional questions, please contact Meg Barry, Division Director, Division of State Coverage Programs, at (410) 786-1536. We look forward to continuing to work with you and your staff. Sincerely, Amy Lutzky Deputy Director /Signed by Amy Lutzky/
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-2
Effective Date: [07/01/2021]
2 Approval Date: 07/26/22 Section 1. General Description and Purpose of the State Child Health Plans and State Child Health Plan Requirements
1.1 The state will use funds provided under Title XXI primarily for (Check appropriate box) (Section 2101(a)(1)); (42 CFR 457.70):
1.1.1 Obtaining coverage that meets the requirements for a separate child health program (Sections 2101(a)(1) and 2103); OR
1.1.2. Providing expanded benefits under the State’s Medicaid plan (Title XIX) (Section 2101(a)(2)); OR
1.1.3. A combination of both of the above. (Section 2101(a)(2))
Effective 09/01/02.
1.2 Check to provide an assurance that expenditures for child health assistance will not be claimed prior to the time that the State has legislative authority to operate the State plan or plan amendment as approved by CMS. (42 CFR 457.40(d))
1.3 Check to provide an assurance that the State complies with all applicable civil rights requirements, including title VI of the Civil Rights Act of 1964, title II of the Americans with Disabilities Act of 1990, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, 45 CFR part 80, part 84, and part 91, and 28 CFR part 35. (42 CFR 457.130)
Guidance: The effective date as specified below is defined as the date on which the State begins to incur costs to implement its State plan or amendment. (42 CFR 457.65) The implementation date is defined as the date the State begins to provide services; or, the date on which the State puts into practice the new policy described in the State plan or amendment. For example, in a State that has increased eligibility, this is the date on which the State begins to provide coverage to enrollees (and not the date the State begins outreach or accepting applications).
1.4 Provide the effective (date costs begin to be incurred) and implementation (date services begin to be provided) dates for this SPA (42 CFR 457.65). A SPA may only have one effective date, but provisions within the SPA may have different implementation dates that must be after the effective date.
Original Plan Effective Date: 10/26/98; Implementation Date: 10/26/98
Amendment Effective Dates: Amend. 1: 07/01/01. Amend. 2: 12/01/01. Amend. 3: 7/01/01. Amend. 4: 09/01/02. Amend. 5: 08/01/03. Amend. 6: Withdrawn.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-3
Effective Date: [07/01/2021]
3 Approval Date: 07/26/22 Amend. 7: delete ESHI premium assistance program and exempt pregnant children from waiting period 08/01/05; allow for disease management in fee-for- service program 07/01/06. Amend. 8: Changes to the CHIP State Plan to outline coverage of school services and to add language regarding private funding. Amend. 9: FAMIS MOMS to 200% FPL and MCO opt in 07/01/09; Medicaid Expansion Immigrants 04/01/09. Amend. 10: Translation for Dental Care 07/01/09; Hospice Concurrent with Treatment 03/23/10; Early Intervention and prospective payment for FQHCs and RHCs 10/01/09; Citizenship Documentation 01/01/10; Mental Health Parity and No Cost Sharing for Pregnancy-Related Assistance 07/01/10. Amend. 11: Administrative Renewal Process 10/01/10; Virginia Health Care Fund 07/01/10.
Amendment Implementation Dates: Amend. 1: 08/01/01; Amend. 2: 12/01/01; Amend. 3: 12/01/01; Amend. 4: 09/01/02; Amend. 5: 08/01/03; Amend. 6: Withdrawn; Amend. 7: 07/01/06; Amend. 8: 07/01/07, and 02/14/09 implementation date of language regarding the RWJ Grant funding and private funding; Amend. 9: 07/01/09, and Medicaid Expansion Immigrants: 04/01/09; Amend. 10: Translation for Dental Care: 07/01/09; Hospice Concurrent with Treatment: 03/23/10; Early Intervention and prospective payment for FQHCs and RHCs: 10/01/09; Citizenship Documentation: 01/01/10; and Mental Health Parity, No Cost Sharing for Pregnancy-Related Assistance, and Virginia Health Care Fund: 07/01/10. Amend. 11: Administrative Renewal Process: 10/01/10; and Virginia Health Care Fund: 07/01/10. Amend. 12: Discontinue primary care case management: 05/01/12; Expand eligibility under lawfully residing option: 07/01/12; Add coverage for early intervention case management: 10/01/11; and Discontinue Virginia Health Care Fund funding: 07/01/12. Amend. 13: Outreach Procedures 07/01/12; and Performance Plan: 07/01/12. Amend. 14: Delivery system change (Sec. 6 and 12) Behavioral Health Service Administrator: 01/01/14
List continues after table below.
Transmittal Number SPA Group PDF Description Superseded Plan Section(s) VA-13-15
Effective/Implementation Date: January 1, 2014
MAGI Eligibility & Methods CS7
CS13
Eligibility – Targeted Low Income Children
Eligibility - Deemed Newborns Supersedes the current sections Geographic Area 4.1.1; Age 4.1.2; and Income 4.1.3
Incorporate under section 4.3
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-4
Effective Date: [07/01/2021]
4 Approval Date: 07/26/22 Transmittal Number SPA Group PDF Description Superseded Plan Section(s)
VA-14-0020
Effective/Implementation Date: January 1, 2015
CS15
CS10
MAGI-Based Income Methodologies
Eligibility – Children Who Have Access to Public Employee Coverage
Incorporate within a separate subsection under section 4.3
Supersedes language in regard to dependents of public employees in Section 4.1.9
VA-14-0002
Effective/Implementation Date: January 1, 2014
XXI Medicaid Expansion CS3 Eligibility for Medicaid Expansion Program Supersedes the current Medicaid expansion section 4.0 VA-14-0025
Effective/Implementation Date: January 1, 2014 Establish 2101(f) Group CS14 Children Ineligible for Medicaid as a Result of the Elimination of Income Disregards Incorporate within subsection 4.4.1 VA-13-0018
Effective/Implementation Date: October 1, 2013 Eligibility Processing CS24 Eligibility Process Supersedes the current sections 4.3 and 4.4 VA-13-19
Effective/Implementation Date: January 1, 2014
Non- Financial Eligibility CS17
CS18
CS19
CS23
Non-Financial Eligibility – Residency
Non-Financial – Citizenship
Non-Financial – Social Security Number
Other Eligibility Standards
Supersedes the current section 4.1.5
Supersedes the current sections 4.1.0; 4.1.1-LR
Supersedes the current section 4.1.9
Supersedes the current section 4,1.6, 4.1.7, 4.1.8, 4.1.9
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-5
Effective Date: [07/01/2021]
5 Approval Date: 07/26/22 Transmittal Number SPA Group PDF Description Superseded Plan Section(s)
VA-13-19-01 Effective/Implementation Date: July 3, 2014
CS20
Substitution of Coverage
Supersedes the current section 4.4.4
VA-21-0021 Effective/Implementation Date: July 1, 2021 MAGI Eligibility & Methods
Non- Financial Eligibility CS9
CS27 Coverage from Conception to Birth
Continuous Eligibility
SPA #15 Purpose of SPA: Update for SFY 2015 Effective date: 07/01/14
Implementation dates: Remove waiting period for eligibility: 07/03/14; Allow eligibility for dependents of state employees: 01/01/15
SPA #16 Purpose of SPA: Update for SFY 2016
Effective date: 07/01/15
Implementation date:
Benefits - add Behavioral Therapy services: 07/01/16
SPA #17
Purpose of SPA: Temporary Adjustments to Enrollment and Redetermination for Individuals Living or Working in a Declared Disaster Area at the Time of a Disaster Event.
Effective date and implementation date: 01/01/17
SPA #VA-17-0012 Purpose of SPA: Update for SFY 2017
Effective date: 7/1/16 SUD amendments (not including peer supports) have an implementation date of 04/01/17. All other items (including peer supports) have an implementation date of 07/01/17.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-6
Effective Date: [07/01/2021]
6 Approval Date: 07/26/22
SPA #VA-18-0012 Purpose of SPA: Compliance with Mental Health Parity and Addiction Equity Act - Effective and implementation date 07/01/17; Removal of Outpatient Behavioral Health Co-payments – Effective and implementation date: 07/01/19
SPA #VA-19-0010 Purpose of SPA: Update for SFY 2019; Managed Care Final Rule Compliance Assurances; Technical Updates Effective and implementation date: 07/01/18
SPA #VA-20-0001 Purpose of SPA: CHIP Disaster Relief – Temporary Waiver of Co-payments; Flexibilities Related to Processing and Renewal Requirements for State or Federally Declared Disaster Area Effective date: 01/01/2020 Implementation date: 03/12/2020
SPA #VA-20-0015 Purpose of SPA: Update for SFY2020; SUPPORT Act Section 5022 Compliance Effective and implementation date: 10/24/19
SPA #VA-21-0010 Purpose of SPA: Health Services Initiative – Poison Control Centers Effective and implementation date: 07/01/21
SPA #VA-21-0027 Purpose of SPA: Extend coverage for unborn children whose mothers are uninsured pregnant women up to 200% FPL not otherwise eligible for Medicaid, FAMIS MOMS, or FAMIS, regardless of immigration status requirements; Fund a Health Services Initiative to provide fee-for-service health services up to 60 days postpartum to mothers covered under the unborn child option, called FAMIS Prenatal. Effective and implementation date: 07/01/21
SPA #VA-22-0010 Purpose of SPA: The purpose of this SPA is to demonstrate compliance with the American Rescue Plan Act provisions that require states to cover treatment (including treatment of a condition that may seriously complicate COVID-19 treatment), testing, and vaccinations for COVID-19 without cost-sharing in CHIP. Effective and implementation date: 03/11/21
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-7
Effective Date: [07/01/2021]
7 Approval Date: 07/26/22
SPA #VA-22-0011 Purpose of SPA: Enhanced Behavioral Health Services, Hardship Exception Analysis, and Updated Performance Objectives Effective date: 07/01/21 Implementation date: For Mental Health Intensive Outpatient Services, Mental Health Partial Hospitalization, Assertive Community Treatment, and updates to Sections 4 and 9 (Hardship Exception Analysis and Strategic Objectives and Performance Goals): 07/01/21 For Multi-systemic Therapy, Functional Family Therapy, and Crisis Intervention and Stabilization services under Section 6.3.5.1- BH: 12/01/21
1.4- TC Tribal Consultation (Section 2107(e)(1)(C)) Describe the consultation process that
occurred specifically for the development and submission of this State Plan
Amendment, when it occurred and who was involved.
On May 4, 2022, a Tribal notification letter was sent to representatives of each of Virginia’s seven federally recognized Indian Tribes, as well as to contacts at the Indian Health Program (IHP) office, describing the provisions of CHIP SPA #VA-22-0011 and notifying Tribal and IHP leadership of the 30-day Tribal comment period. Tribal members and IHP contacts were invited to provide input on the SPA, and contact information was provided for submitting any comments to DMAS. There was no formal response by Tribal or IHP officials regarding this CHIP SPA. Virginia does not anticipate that this SPA will have a direct impact on the Tribes or IHP.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-8
Effective Date: [07/01/2021]
8 Approval Date: 07/26/22
Section 2. General Background and Description of State Approach to Child Health Coverage and Coordination (Section 2102 (a)(1)-(3)) and (Section 2105)(c)(7)(A)- (B))
2.1. Describe the extent to which, and manner in which, children in the State (including targeted low-income children and other groups of children specified), identified by income level and other relevant factors, such as race, ethnicity and geographic location, currently have creditable health coverage (as defined in 42 CFR 457.10). To the extent feasible, distinguish between creditable coverage under public health insurance programs and public-private partnerships (See Section 10 for annual report requirements). (Section 2102(a)(1)); (42 CFR 457.80(a))
The Virginia Health Care Foundation conducted two surveys of health access in Virginia. The latest survey was conducted in the Spring of 1997 for the year 1996 of a representative sample of 1,861 households representing 4,694 individuals. The Department of Medical Assistance Services (DMAS) used estimates derived from this survey and census data for its planning purposes rather than from the national Current Population Survey. DMAS’ administrative data were used to estimate Medicaid insured children.
HEALTH INSURANCE STATUS OF VIRGINIA CHILDREN 0-18, BY POVERTY LEVEL 1996
Insured Uninsured
Poverty Level Medicaid Private Total Insured Medicaid Eligible Other Uninsured Total Uninsured Total Children Under 100% 206,550 2,430 208,980 34,020 0 34,020 243,000 100% to 125% 33,450 3,570 37,020 10,980 9,000 19,980 57,000 125% to 150% 31,500 4,860 36,360 12,920 12,720 25,640 62,000 150% to 175% 37,500 9,140 46,640 22,080 17,280 39,360 86,000 175% to 200% 6,000 44,000 50,000 2,000 33,000 35,000 85,000 200% to 250% 0 57,000 57,000 0 20,000 20,000 77,000 Above 250% 0 979,000 979,000 0 40,000 40,000 1,019,000 Totals 315,000 1,100,000 1,415,000 82,000 132,000 214,000 1,629,000
DMAS assumes that insured/uninsured individuals are evenly distributed by age below 100% of poverty. Above 100% of poverty, more of the uninsured are ages 6 through 18. Virginia Medicaid covers children 0 through 5 up to 133% and covers children ages 6 through 18 up to 100% of poverty. Effective 9/01/02, Virginia’s Medicaid program was expanded through Title XXI to cover additional targeted low-income children ages 6 through 18 with family income equal to or less than 133% of FPL. Effective January 1, 2014, this changed to 143% of FPL.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-9
Effective Date: [07/01/2021]
9 Approval Date: 07/26/22
2.2. Health Services Initiatives. Describe if the State will use the health services initiative option as allowed at 42 CFR 457.10. If so, describe what services or programs the State is proposing to cover with administrative funds, including the cost of each program, and how it is currently funded (if applicable); also update the budget accordingly. (Section 2105(a)(1)(D)(ii)); (42 CFR 457.10)
Postpartum Services
Virginia will use additional CHIP funds, up to 10 percent of federal CHIP expenditures (after administrative costs for the CHIP populations), for other child health assistance as authorized under § 2105(a)(2) of the Act. Such assistance will provide for the payment of 60 days postpartum services, for services that are provided on a fee-for- service basis to mothers of children covered under FAMIS Prenatal, the unborn child option. The FAMIS Prenatal program’s benefit package is the same as that provided under the FAMIS MOMS CHIP 1115 Demonstration, which reflects the Medicaid state plan covered benefits for pregnant women, with the exception of long-term services and supports (LTSS). Enrollees with FAMIS Prenatal coverage will be provided continuous eligibility for the entire 60-day postpartum period.
The Commonwealth assures that funding under this HSI will not supplant or match CHIP federal funds with other federal funds, nor will it allow other federal funds to supplant or match CHIP federal funds. The Commonwealth assures that it will report annually on metrics regarding how the HSI improves the health of low-income children.
Poison Control Centers
As permitted under Section 2105(a)(1)(D)(ii) of the Social Security Act and federal regulations at 42 CFR 457.10, Virginia will establish a health services initiative (HSI) that will use CHIP funds, within the 10 percent federal administrative expenditures cap allowed for states, to support Virginia’s poison control centers.
Virginia is served by three poison control centers—Virginia Poison Center, Blue Ridge Poison Center, and National Capital Poison Center. Virginia’s poison control centers work collaboratively to provide 24-hour, immediate response to acute and chronic poisoning. Specialists in poison information (healthcare professionals with special training in toxicology) triage and respond to poisonings and inquiries from the public and healthcare providers. Each center has board-certified clinical toxicologists immediately available to assist with complicated cases or to consult with clinicians at the bedside.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-10
Effective Date: [07/01/2021]
10 Approval Date: 07/26/22 Comprehensive education programs include didactic and clinical teaching to students, resident and fellow house-staff and physicians in pediatrics, emergency medicine and other specialties; in FY2020, 522 professional education programs were delivered, and 735 healthcare students and providers received on-site training by the poison centers.
The poison control centers’ community-based outreach targets caregivers of children, since children are at highest risk of unintentional poisoning. Outreach is also targeted to medically underserved areas of the Commonwealth. In FY2020, Virginia’s poison centers were represented at 194 health fairs and disseminated 827,424 poison prevention materials, the majority of which targeted pediatric poisoning. Due to COVID-19, many outreach efforts transitioned to social and digital media, including 813,218 social media contacts and 11,002,766 website page encounters in FY2020. Examples of outreach campaigns specifically targeting children and underserved communities include:
• PoisonHelp kits (poison prevention advice, poison hotline magnets, face masks) were included with Richmond Public Schools meal distribution. • A poison center educator led a youth development committee for a Rural Substance Abuse Awareness Coalition that put on a virtual conference that reached 2,500 parents and youth. • Centers provided targeted social media outreach to Spanish-speaking communities; the largest event, “Conversaciones en Espanol” reached 2,500 people. • Centers worked with the Hanover County Cares Coalition to focus on OTC medication safety in Latinx youth.
In 2019, Virginia’s poison control centers responded to 68,000 calls for assistance, 61,700 of which were human poisoning exposures. Of these calls, 56 percent of cases involved children. Seventy-five percent of all pediatric cases were safely managed at the site of exposure, as opposed to a health care facility. If the poison center was called prior to any other action (e.g., calling 911 or self-referral to a hospital), then 90 percent of children were safely managed by the poison center, thereby preventing unnecessary emergency care. As these statistics demonstrate, most children with accidental poisoning can be safely managed by poison centers, preventing unnecessary 911 calls and emergency department visits. Prior studies indicate that up to 50 percent of callers would self-refer to an ED if a poison center was not available. According to research by the American Association of Poison Control Centers (AAPCC), poison centers save $1.8 billion annually in medical costs in the United States. Costs are saved by managing poisonings at home and reducing unnecessary ambulance rides, hospital days, and hospital transfer costs. Virginia estimates that in 2019 at least 12,000 pediatric ED visits were averted. Assuming an average cost of $1,000 (facility plus physician fee), prevention of 12,000 ED visits results in a conservative estimate of $12 million in annual savings to the Commonwealth.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-11
Effective Date: [07/01/2021]
11 Approval Date: 07/26/22 According to U.S. Census Bureau American Community Survey estimates, approximately 31.5 percent of Virginia children are in households with incomes at or below 200% FPL. Applying these percentages to pediatric cases handled by Virginia’s Poison Control Centers, the Centers serve an estimated 10,350 low-income children per year.
Virginia’s 2020 Appropriations Act allocates a combined $2.5 million in state general funds and federal funds for the poison control centers starting in state fiscal year 2022, and directs DMAS to establish a HSI for the poison control centers to draw down CHIP federal matching funds at Virginia’s enhanced FMAP, effective July 1, 2021.
Total CHIP HSI funding to the Poison Control Centers (combined federal and state) will not exceed the share of the centers' budgets that goes toward providing services to children. This maximum amount is calculated by applying the percentage of calls involving children 0-18 in the most recent year for which data is available (e.g., 56% in 2019) to the combined total budgeted expenditures for the three centers. Subject to this cap, the amount allocated in the state budget will be distributed among the three centers using the state's established methodology, i.e., based on each center's share of total statewide call volume from the most recent annual report. Only Virginia calls are included in the totals.
HSI funding is only available to the extent that funds remain under the state's 10% CHIP administrative cap after accounting for all CHIP administrative expenses. The Commonwealth assures that funding under this HSI will not supplant or match CHIP federal funds with other federal funds, nor will it allow other federal funds to supplant or match CHIP federal funds.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 2-12
Effective Date: [07/01/2021]
12 Approval Date: 07/26/22
Section 3. Methods of Delivery and Utilization Controls
Check here if the State elects to use funds provided under Title XXI only to provide expanded eligibility under the State’s Medicaid plan, and continue on to Section 4 (Eligibility Standards and Methodology).
Guidance: In Section 3.1, describe all delivery methods the State will use to provide services to enrollees, including: (1) contracts with managed care organizations (MCO), prepaid inpatient health plans (PIHP), prepaid ambulatory health plans (PAHP), primary care case management entities (PCCM entities), and primary care case managers (PCCM); (2) contracts with indemnity health insurance plans; (3) fee-for-service (FFS) paid by the State to health care providers; and (4) any other arrangements for health care delivery. The State should describe any variations based upon geography and by population (including the conception to birth population). States must submit the managed care contract(s) to CMS’ Regional Office for review.
3.1. Delivery Systems (Section 2102(a)(4)) (42 CFR 457.490; Part 457, Subpart L)
3.1.1 Choice of Delivery System 3.1.1.1 Does the State use a managed care delivery system for its CHIP populations? Managed care entities include MCOs, PIHPs, PAHPs, PCCM entities and PCCMs as defined in 42 CFR 457.10. Please check the box and answer the questions below that apply to your State. No, the State does not use a managed care delivery system for any CHIP populations. Yes, the State uses a managed care delivery system for all CHIP populations. Yes, the State uses a managed care delivery system; however, only some of the CHIP population is included in the managed care delivery system and some of the CHIP population is included in a fee-for-service system. If the State uses a managed care delivery system for only some of its CHIP populations and a fee-for-service system for some of its CHIP populations, please describe which populations are, and which are not, included in the State’s managed care delivery system for CHIP. States will be asked to specify which managed care entities are used by the State in its managed care delivery system below in Section 3.1.2.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-13
Effective Date: [07/01/2021]
13 Approval Date: 07/26/22 Virginia uses a managed care delivery system for the entire CHIP population; however, children in FAMIS and pregnant individuals in the FAMIS Prenatal program are in fee-for-service during the brief initial period before they are enrolled in a managed care plan (several weeks).
Effective July 1, 2021, Virginia added FAMIS Prenatal coverage through the unborn child option for uninsured pregnant women with income from 0 to 200% FPL not otherwise eligible for Medicaid, FAMIS, or FAMIS MOMS, regardless of immigration status requirements. The unborn child option population will receive services through Medicaid managed care and fee-for- service. The CHIP Health Services Initiative (HSI) will fund postpartum services for FAMIS Prenatal participants enrolled in fee-for-service.
Effective October 1, 2009, the Commonwealth reimburses for services provided by Federally-qualified health centers (FQHCs) and rural health clinics (RHCs), applicable to CHIP, in the same manner it reimburses for services provided in the Title XIX (Medicaid) program as described in the Virginia State Plan for Medical Assistance, Attachment 4.19-B. Supplemental payments are made to FQHCs and RHCs for services reimbursed by MCOs as also described in the Virginia State Plan for Medical Assistance, Attachment 4.19-B. Coverage under the modified Medicaid look- alike component will be reimbursed on a fee-for-service basis by the Department.
The managed care organizations (MCOs) are at risk for all services provided. The plans have the discretion in reimbursing and contracting with providers and must ensure services are provided and a sufficient network exists. FAMIS rates are actuarially sound rates, and are established in a manner consistent with CMS regulations promulgated pursuant to the Balanced Budget Act of 1997. A managed care savings factor shall be applied to determine the final rates. The savings factor shall be determined annually.
Guidance: Utilization control systems are those administrative mechanisms that are designed to ensure that enrollees receiving health care services under the State plan receive only appropriate and medically necessary health care consistent with the benefit package.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-14
Effective Date: [07/01/2021]
14 Approval Date: 07/26/22 Examples of utilization control systems include, but are not limited to: requirements for referrals to specialty care; requirements that clinicians use clinical practice guidelines; or demand management systems (e.g., use of an 800 number for after-hours and urgent care). In addition, the State should describe its plans for review, coordination, and implementation of utilization controls, addressing both procedures and State developed standards for review, in order to assure that necessary care is delivered in a cost-effective and efficient manner. (42 CFR 457.490(b)) If the State does not use a managed care delivery system for any or some of its CHIP populations, describe the methods of delivery of the child health assistance using Title XXI funds to targeted low-income children. Include a description of: The methods for assuring delivery of the insurance products and delivery of health care services covered by such products to the enrollees, including any variations. (Section 2102(a)(4); 42 CFR 457.490(a)) The utilization control systems designed to ensure that enrollees receiving health care services under the State plan receive only appropriate and medically necessary health care consistent with the benefit package described in the approved State plan. (Section 2102(a)(4); 42 CFR 457.490(b))
Guidance: Only States that use a managed care delivery system for all or some CHIP populations need to answer the remaining questions under Section 3 (starting with 3.1.1.2). If the State uses a managed care delivery system for only some of its CHIP population, the State’s responses to the following questions will only apply to those populations. 3.1.1.2 Do any of your CHIP populations that receive services through a managed care delivery system receive any services outside of a managed care delivery system? No Yes
If yes, please describe which services are carved out of your managed care delivery system and how the State provides these services to an enrollee, such as through fee-for-service. Examples of carved out services may include transportation and dental, among others.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-15
Effective Date: [07/01/2021]
15 Approval Date: 07/26/22 School health services and dental services are carved out of the managed care delivery system and are provided through fee-for- service. 3.1.2 Use of a Managed Care Delivery System for All or Some of the State’s CHIP Populations 3.1.2.1 Check each of the types of entities below that the State will contract with under its managed care delivery system, and select and/or explain the method(s) of payment that the State will use: Managed care organization (MCO) (42 CFR 457.10) Capitation payment
Describe population served: FAMIS children under age 19
FAMIS Prenatal (i.e., the unborn child population)
Prepaid inpatient health plan (PIHP) (42 CFR 457.10) Capitation payment Other (please explain)
Describe population served:
Guidance: If the State uses prepaid ambulatory health plan(s) (PAHP) to exclusively provide non-emergency medical transportation (a NEMT PAHP), the State should not check the following box for that plan. Instead, complete section 3.1.3 for the NEMT PAHP. Prepaid ambulatory health plan (PAHP) (42 CFR 457.10) Capitation payment Other (please explain)
Describe population served:
Primary care case manager (PCCM) (individual practitioners) (42 CFR 457.10) Case management fee Other (please explain)
Primary care case management entity (PCCM Entity) (42 CFR 457.10) Case management fee Shared savings, incentive payments, and/or other financial rewards for improved quality outcomes (see 42 CFR 457.1240(f))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-16
Effective Date: [07/01/2021]
16 Approval Date: 07/26/22 Other (please explain)
If PCCM entity is selected, please indicate which of the following function(s) the entity will provide (as described in 42 CFR 457.10), in addition to PCCM services: Provision of intensive telephonic case management Provision of face-to-face case management Operation of a nurse triage advice line Development of enrollee care plans Execution of contracts with fee-for-service (FFS) providers in the FFS program Oversight responsibilities for the activities of FFS providers in the FFS program Provision of payments to FFS providers on behalf of the State Provision of enrollee outreach and education activities Operation of a customer service call center Review of provider claims, utilization and/or practice patterns to conduct provider profiling and/or practice improvement Implementation of quality improvement activities including administering enrollee satisfaction surveys or collecting data necessary for performance measurement of providers Coordination with behavioral health systems/providers Other (please describe)
3.1.2.2
The State assures that if its contract with an MCO, PAHP, or PIHP allows the entity to use a physician incentive plan, the contract stipulates that the entity must comply with the requirements set forth in 42 CFR 422.208 and 422.210. (42 CFR 457.1201(h), cross-referencing to 42 CFR 438.3(i)) 3.1.3 Nonemergency Medical Transportation PAHPs Guidance: Only complete Section 3.1.3 if the State uses a PAHP to exclusively provide non-emergency medical transportation (a NEMT PAHP). If a NEMT PAHP is the only managed care entity for CHIP in the State, please continue to Section 4 after checking the assurance below. If the State uses a PAHP that does not exclusively provide NEMT and/or uses other managed care entities beyond a NEMT PAHP, the State will need to complete the remaining sections within Section 3.
The State assures that it complies with all requirements applicable to NEMT PAHPs, and through its contracts with such entities, requires NEMT PAHPs to
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-17
Effective Date: [07/01/2021]
17 Approval Date: 07/26/22 comply with all applicable requirements, including the following (from 42 CFR 457.1206(b)): All contract provisions in 42 CFR 457.1201 except those set forth in 42 CFR 457.1201(h) (related to physician incentive plans) and 42 CFR 457.1201(l) (related to mental health parity). The information requirements in 42 CFR 457.1207 (see Section 3.5 below for more details). The provision against provider discrimination in 42 CFR 457.1208. The State responsibility provisions in 42 CFR 457.1212 (about disenrollment), 42 CFR 457.1214 (about conflict of interest safeguards), and 42 CFR 438.62(a), as cross-referenced in 42 CFR 457.1216 (about continued services to enrollees). The provisions on enrollee rights and protections in 42 CFR 457.1220, 457.1222, 457.1224, and 457.1226. The PAHP standards in 42 CFR 438.206(b)(1), as cross-referenced by 42 CFR 457.1230(a) (about availability of services), 42 CFR 457.1230(d) (about coverage and authorization of services), and 42 CFR 457.1233(a), (b) and (d) (about structure and operation standards). An enrollee's right to a State review under subpart K of 42 CFR 457. Prohibitions against affiliations with individuals debarred or excluded by Federal agencies in 42 CFR 438.610, as cross referenced by 42 CFR 457.1285. Requirements relating to contracts involving Indians, Indian Health Care Providers, and Indian managed care entities in 42 CFR 457.1209.
3.2. General Managed Care Contract Provisions
3.2.1
The State assures that it provides for free and open competition, to the maximum extent practical, in the bidding of all procurement contracts for coverage or other services, including external quality review organizations, in accordance with the procurement requirements of 45 CFR part 75, as applicable. (42 CFR 457.940(b); 42 CFR 457.1250(a), cross referencing to 42 CFR 438.356(e)) 3.2.2
The State assures that it will include provisions in all managed care contracts that define a sound and complete procurement contract, as required by 45 CFR part 75, as applicable. (42 CFR 457.940(c)) 3.2.3
The State assures that each MCO, PIHP, PAHP, PCCM, and PCCM entity complies with any applicable Federal and State laws that pertain to enrollee rights, and ensures that its employees and contract providers observe and protect those rights (42 CFR 457.1220, cross-referencing to 42 CFR 438.100).
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-18
Effective Date: [07/01/2021]
18 Approval Date: 07/26/22 These Federal and State laws include: Title VI of the Civil Rights Act of 1964 (45 CFR part 80), Age Discrimination Act of 1975 (45 CFR part 91), Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Titles II and III of the Americans with Disabilities Act, and section 1557 of the Patient Protection and Affordable Care Act. 3.2.4
The State assures that it operates a Web site that provides the MCO, PIHP, PAHP, and PCCM entity contracts. (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(c)(3)) 3.3 Rate Development Standards and Medical Loss Ratio 3.3.1 The State assures that its payment rates are: Based on public or private payment rates for comparable services for comparable populations; and Consistent with actuarially sound principles as defined in 42 CFR 457.10. (42 CFR 457.1203(a))
Guidance: States that checked both boxes under 3.3.1 above do not need to make the next assurance. If the state is unable to check both boxes under 3.1.1 above, the state must check the next assurance. If the State is unable to meet the requirements under 42 CFR 457.1203(a), the State attests that it must establish higher rates because such rates are necessary to ensure sufficient provider participation or provider access or to enroll providers who demonstrate exceptional efficiency or quality in the provision of services. (42 CFR 457.1203(b)) 3.3.2
The State assures that its rates are designed to reasonably achieve a medical loss ratio standard equal to at least 85 percent for the rate year and provide for reasonable administrative costs. (42 CFR 457.1203(c)) 3.3.3
The State assures that it will provide to CMS, if requested by CMS, a description of the manner in which rates were developed in accordance with the requirements of 42 CFR 457.1203(a) through (c). (42 CFR 457.1203(d)) 3.3.4
The State assures that it annually submits to CMS a summary description of the reports pertaining to the medical loss ratio received from the MCOs, PIHPs, and PAHPs. (42 CFR 457.1203(e), cross referencing to 42 CFR 438.74(a))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-19
Effective Date: [07/01/2021]
19 Approval Date: 07/26/22 3.3.5 Does the State require an MCO, PIHP, or PAHP to pay remittances through the contract for not meeting the minimum MLR required by the State? (42 CFR 457.1203(e), cross referencing to 42 CFR 438.74(b)(1)) No, the State does not require any MCO, PIHP, or PAHP to pay remittances. Yes, the State requires all MCOs, PIHPs, and PAHPs to pay remittances. Yes, the State requires some, but not all, MCOs, PIHPs, and PAHPs to pay remittances.
If the State requests some, but not all, MCOs, PIHPs, and PAHPs to pay remittances through the contract for not meeting the minimum MLR required by the State, please describe which types of managed care entities are and are not required to pay remittances. For example, if a state requires a medical MCO to pay a remittances but not a dental PAHP, please include this information. If the answer to the assurance above is yes for any or all managed care entities, please answer the next assurance: The State assures that if a remittance is owed by an MCO, PIHP, or PAHP to the State, the State: Reimburses CMS for an amount equal to the Federal share of the remittance, taking into account applicable differences in the Federal matching rate; and Submits a separate report describing the methodology used to determine the State and Federal share of the remittance with the annual report provided to CMS that summarizes the reports received from the MCOs, PIHPs, and PAHPs. (42 CFR 457.1203(e), cross referencing to 42 CFR 438.74(b))
3.3.6
The State assures that each MCO, PIHP, and PAHP calculates and reports the medical loss ratio in accordance with 42 CFR 438.8. (42 CFR 457.1203(f)) 3.4 Enrollment
The State assures that its contracts with MCOs, PIHPs, PAHPs, PCCMs, and PCCM entities provide that the MCO, PIHP, PAHP, PCCM or PCCM entity: Accepts individuals eligible for enrollment in the order in which they apply without restriction (unless authorized by CMS), up to the limits set under the contract (42 CFR 457.1201(d), cross-referencing to 42 CFR 438.3(d)(1)); Will not, on the basis of health status or need for health care services, discriminate against individuals eligible to enroll (42 CFR 457.1201(d), cross-referencing to 42 CFR 438.3(d)(3)); and Will not discriminate against individuals eligible to enroll on the basis of race,
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-20
Effective Date: [07/01/2021]
20 Approval Date: 07/26/22 color, national origin, sex, sexual orientation, gender identity, or disability and will not use any policy or practice that has the effect of discriminating on the basis of race, color, national origin, sex, sexual orientation, gender identity or disability. (42 CFR 457.1201(d), cross-referencing to 438.3(d)(4)) 3.4.1 Enrollment Process 3.4.1.1
The State assures that it provides informational notices to potential enrollees in an MCO, PIHP, PAHP, PCCM, or PCCM entity that includes the available managed care entities, explains how to select an entity, explains the implications of making or not making an active choice of an entity, explains the length of the enrollment period as well as the disenrollment policies, and complies with the information requirements in 42 CFR 457.1207 and accessibility standards established under 42 CFR 457.340. (42 CFR 457.1210(c)) 3.4.1.2
The State assures that its enrollment system gives beneficiaries already enrolled in an MCO, PIHP, PAHP, PCCM, or PCCM entity priority to continue that enrollment if the MCO, PIHP, PAHP, PCCM, or PCCM entity does not have the capacity to accept all those seeking enrollment under the program. (42 CFR 457.1210(b)) 3.4.1.3 Does the State use a default enrollment process to assign beneficiaries to an MCO, PIHP, PAHP, PCCM, or PCCM entity? (42 CFR 457.1210(a)) Yes No
If the State uses a default enrollment process, please make the following assurances: The State assigns beneficiaries only to qualified MCOs, PIHPs, PAHPs, PCCMs, and PCCM entities that are not subject to the intermediate sanction of having suspension of all new enrollment (including default enrollment) under 42 CFR 438.702 and have capacity to enroll beneficiaries. (42 CFR 457.1210(a)(1)(i)) The State maximizes continuation of existing provider-beneficiary relationships under 42 CFR 457.1210(a)(1)(ii) or if that is not possible, distributes the beneficiaries equitably and does not arbitrarily exclude any MCO, PIHP, PAHP, PCCM or PCCM entity from being considered. (42 CFR 457.1210(a)(1)(ii), 42 CFR 457.1210(a)(1)(iii))
3.4.2 Disenrollment
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-21
Effective Date: [07/01/2021]
21 Approval Date: 07/26/22 3.4.2.1
The State assures that the State will notify enrollees of their right to disenroll consistent with the requirements of 42 CFR 438.56 at least annually. (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(f)(2)) 3.4.2.2
The State assures that the effective date of an approved disenrollment, regardless of the procedure followed to request the disenrollment, will be no later than the first day of the second month following the month in which the enrollee requests disenrollment or the MCO, PIHP, PAHP, PCCM or PCCM entity refers the request to the State. (42 CFR 457.1212, cross-referencing to 438.56(e)(1)) 3.4.2.3
If a beneficiary disenrolls from an MCO, PIHP, PAHP, PCCM, or PCCM entity, the State assures that the beneficiary is provided the option to enroll in another plan or receive benefits from an alternative delivery system. (Section 2103(f)(3) of the Social Security Act, incorporating section 1932(a)(4); 42 CFR 457.1212, cross referencing to 42 CFR 438.56; State Health Official Letter #09-008) 3.4.2.4 MCO, PIHP, PAHP, PCCM and PCCM Entity Requests for Disenrollment. The State assures that contracts with MCOs, PIHPs, PAHPs, PCCMs and PCCM entities describe the reasons for which an MCO, PIHP, PAHP, PCCM and PCCM entity may request disenrollment of an enrollee, if any. (42 CFR 457.1212, cross- referencing to 42 CFR 438.56(b)) Guidance: Reasons for disenrollment by the MCO, PIHP, PAHP, PCCM, and PCCM entity must be specified in the contract with the State. Reasons for disenrollment may not include an adverse change in the enrollee’s health status, or because of the enrollee’s utilization of medical services, diminished mental capacity, or uncooperative or disruptive behavior resulting from his or her special needs (except when his or her continued enrollment in the MCO, PIHP, PAHP, PCCM or PCCM entity seriously impairs the entity’s ability to furnish services to either this particular enrollee or other enrollees). (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(b)(2)) 3.4.2.5 Enrollee Requests for Disenrollment. Guidance: The State may also choose to limit disenrollment from the MCO, PIHP, PAHP, PCCM, or PCCM entity, except for either: 1) for cause, at any time; or 2) without cause during the latter of the 90 days after the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-22
Effective Date: [07/01/2021]
22 Approval Date: 07/26/22 beneficiary’s initial enrollment or the State sends the beneficiary notice of that enrollment, at least once every 12 months, upon reenrollment if the temporary loss of CHIP eligibility caused the beneficiary to miss the annual disenrollment opportunity, or when the State imposes the intermediate sanction specified in 42 CFR 438.702(a)(4). (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(c)) Does the State limit disenrollment from an MCO, PIHP, PAHP, PCCM and PCCM entity by an enrollee? (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(c)) Yes No
If the State limits disenrollment by the enrollee from an MCO, PIHP, PAHP, PCCM and PCCM entity, please make the following assurances (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(c)): The State assures that enrollees and their representatives are given written notice of disenrollment rights at least 60 days before the start of each enrollment period. (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(f)(1)) The State assures that beneficiary requests to disenroll for cause will be permitted at any time by the MCO, PIHP, PAHP, PCCM or PCCM entity. (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(c)(1) and (d)(2)) The State assures that beneficiary requests for disenrollment without cause will be permitted by the MCO, PIHP, PAHP, PCCM or PCCM entity at the following times: During the 90 days following the date of the beneficiary's initial enrollment into the MCO, PIHP, PAHP, PCCM, or PCCM entity, or during the 90 days following the date the State sends the beneficiary notice of that enrollment, whichever is later; At least once every 12 months thereafter; If the State plan provides for automatic reenrollment for an individual who loses CHIP eligibility for a period of 2 months or less and the temporary loss of CHIP eligibility has caused the beneficiary to miss the annual disenrollment opportunity; and When the State imposes the intermediate sanction on the MCO, PIHP, PAHP, PCCM or PCCM entity specified in 42 CFR 438.702(a)(4). (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(c)(2)) 3.4.2.6
The State assures that the State ensures timely access to a State review for any enrollee dissatisfied with a State agency determination that there is not good cause for disenrollment. (42 CFR 457.1212, cross- referencing to 42 CFR 438.56(f)(2))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-23
Effective Date: [07/01/2021]
23 Approval Date: 07/26/22 3.5 Information Requirements for Enrollees and Potential Enrollees 3.5.1
The State assures that it provides, or ensures its contracted MCOs, PAHPs, PIHPs, PCCMs and PCCM entities provide, all enrollment notices, informational materials, and instructional materials related to enrollees and potential enrollees in accordance with the terms of 42 CFR 457.1207, cross- referencing to 42 CFR 438.10. 3.5.2
The State assures that all required information provided to enrollees and potential enrollees are in a manner and format that may be easily understood and is readily accessible by such enrollees and potential enrollees. (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(c)(1)) 3.5.3
The State assures that it operates a Web site that provides the content specified in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(g)-(i) either directly or by linking to individual MCO, PIHP, PAHP and PCCM entity Web sites. 3.5.4
The State assures that it has developed and requires each MCO, PIHP, PAHP and PCCM entity to use: Definitions for the terms specified under 42 CFR 438.10(c)(4)(i), and Model enrollee handbooks, and model enrollee notices. (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(c)(4))
3.5.5
If the State, MCOs, PIHPs, PAHPs, PCCMs or PCCM entities provide the information required under 42 CFR 457.1207 electronically, check this box to confirm that the State assures that it meets the requirements under 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(c)(6) for providing the material in an accessible manner. Including that: The format is readily accessible; The information is placed in a location on the State, MCO's, PIHP's, PAHP's, or PCCM's, or PCCM entity's Web site that is prominent and readily accessible; The information is provided in an electronic form which can be electronically retained and printed; The information is consistent with the content and language requirements in 42 CFR 438.10; and The enrollee is informed that the information is available in paper form without charge upon request and is provided the information upon request within 5 business days.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-24
Effective Date: [07/01/2021]
24 Approval Date: 07/26/22 3.5.6
The State assures that it meets the language and format requirements set forth in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(d), including but not limited to: Establishing a methodology that identifies the prevalent non-English languages spoken by enrollees and potential enrollees throughout the State, and in each MCO, PIHP, PAHP, or PCCM entity service area; Making oral interpretation available in all languages and written translation available in each prevalent non-English language; Requiring each MCO, PIHP, PAHP, and PCCM entity to make its written materials that are critical to obtaining services available in the prevalent non-English languages in its particular service area; Making interpretation services available to each potential enrollee and requiring each MCO, PIHP, PAHP, and PCCM entity to make those services available free of charge to each enrollee; and Notifying potential enrollees, and requiring each MCO, PIHP, PAHP, and PCCM entity to notify its enrollees: o That oral interpretation is available for any language and written translation is available in prevalent languages; o That auxiliary aids and services are available upon request and at no cost for enrollees with disabilities; and o How to access the services in 42 CFR 457.1207, cross- referencing 42 CFR 438.10(d)(5)(i) and (ii).
3.5.7
The State assures that the State or its contracted representative provides the information specified in 42 CFR 457.1207, cross-referencing to 438.10(e)(2), and includes the information either in paper or electronic format, to all potential enrollees at the time the potential enrollee becomes eligible to enroll in a voluntary managed care program or is first required to enroll in a mandatory managed care program and within a timeframe that enables the potential enrollee to use the information to choose among the available MCOs, PIHPs, PAHPs, PCCMs and PCCM entities: Information about the potential enrollee’s right to disenroll consistent with the requirements of 42 CFR 438.56 and which explains clearly the process for exercising this disenrollment right, as well as the alternatives available to the potential enrollee based on their specific circumstance; The basic features of managed care; Which populations are excluded from enrollment in managed care, subject to mandatory enrollment, or free to enroll voluntarily in the program; The service area covered by each MCO, PIHP, PAHP, PCCM, or PCCM entity; Covered benefits including:
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-25
Effective Date: [07/01/2021]
25 Approval Date: 07/26/22 o Which benefits are provided by the MCO, PIHP, or PAHP; and which, if any, benefits are provided directly by the State; and o For a counseling or referral service that the MCO, PIHP, or PAHP does not cover because of moral or religious objections, where and how to obtain the service; The provider directory and formulary information required in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(h) and (i); Any cost-sharing for the enrollee that will be imposed by the MCO, PIHP, PAHP, PCCM, or PCCM entity consistent with those set forth in the State plan; The requirements for each MCO, PIHP or PAHP to provide adequate access to covered services, including the network adequacy standards established in 42 CFR 457.1218, cross-referencing 42 CFR 438.68; The MCO, PIHP, PAHP, PCCM and PCCM entity's responsibilities for coordination of enrollee care; and To the extent available, quality and performance indicators for each MCO, PIHP, PAHP and PCCM entity, including enrollee satisfaction.
3.5.8
The State assures that it will provide the information specified in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(f) to all enrollees of MCOs, PIHPs, PAHPs and PCCM entities, including that the State must notify all enrollees of their right to disenroll consistent with the requirements of 42 CFR 438.56 at least annually. 3.5.9
The State assures that each MCO, PIHP, PAHP and PCCM entity will provide the information specified in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(f) to all enrollees of MCOs, PIHPs, PAHPs and PCCM entities, including that: The MCO, PIHP, PAHP and, when appropriate, the PCCM entity, must make a good faith effort to give written notice of termination of a contracted provider within the timeframe specified in 42 CFR 438.10(f), and The MCO, PIHP, PAHP and, when appropriate, the PCCM entity must make available, upon request, any physician incentive plans in place as set forth in 42 CFR 438.3(i).
3.5.10
The State assures that each MCO, PIHP, PAHP and PCCM entity will provide enrollees of that MCO, PIHP, PAHP or PCCM entity an enrollee handbook that meets the requirements as applicable to the MCO, PIHP, PAHP and PCCM entity, specified in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(g)(1)-(2), within a reasonable time after receiving notice of the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-26
Effective Date: [07/01/2021]
26 Approval Date: 07/26/22 beneficiary’s enrollment, by a method consistent with 42 CFR 438.10(g)(3), and including the following items: Information that enables the enrollee to understand how to effectively use the managed care program, which, at a minimum, must include: o Benefits provided by the MCO, PIHP, PAHP or PCCM entity; o How and where to access any benefits provided by the State, including any cost sharing, and how transportation is provided; and o In the case of a counseling or referral service that the MCO, PIHP, PAHP, or PCCM entity does not cover because of moral or religious objections, the MCO, PIHP, PAHP, or PCCM entity must inform enrollees that the service is not covered by the MCO, PIHP, PAHP, or PCCM entity and how they can obtain information from the State about how to access these services; The amount, duration, and scope of benefits available under the contract in sufficient detail to ensure that enrollees understand the benefits to which they are entitled; Procedures for obtaining benefits, including any requirements for service authorizations and/or referrals for specialty care and for other benefits not furnished by the enrollee’s primary care provider; The extent to which, and how, after-hours and emergency coverage are provided, including: o What constitutes an emergency medical condition and emergency services; o The fact that prior authorization is not required for emergency services; and o The fact that, subject to the provisions of this section, the enrollee has a right to use any hospital or other setting for emergency care; Any restrictions on the enrollee's freedom of choice among network providers; The extent to which, and how, enrollees may obtain benefits, including family planning services and supplies from out-of-network providers; Cost sharing, if any is imposed under the State plan; Enrollee rights and responsibilities, including the elements specified in 42 CFR §438.100; The process of selecting and changing the enrollee's primary care provider; Grievance, appeal, and review procedures and timeframes, consistent with 42 CFR 457.1260, in a State-developed or State-approved description, including: o The right to file grievances and appeals; o The requirements and timeframes for filing a grievance or appeal; o The availability of assistance in the filing process; and
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-27
Effective Date: [07/01/2021]
27 Approval Date: 07/26/22 o The right to request a State review after the MCO, PIHP or PAHP has made a determination on an enrollee's appeal which is adverse to the enrollee; How to access auxiliary aids and services, including additional information in alternative formats or languages; The toll-free telephone number for member services, medical management, and any other unit providing services directly to enrollees; and Information on how to report suspected fraud or abuse. 3.5.11
The State assures that each MCO, PIHP, PAHP and PCCM entity will give each enrollee notice of any change that the State defines as significant in the information specified in the enrollee handbook at least 30 days before the intended effective date of the change. (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(g)(4)) 3.5.12
The State assures that each MCO, PIHP, PAHP and when appropriate, PCCM entity, will make available a provider directory for the MCO’s, PIHP’s, PAHP’s or PCCM entity’s network providers, including for physicians (including specialists), hospitals, pharmacies, and behavioral health providers, that includes information as specified in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(h)(1)-(2) and (4). 3.5.13
The State assures that each MCO, PIHP, PAHP and when appropriate, PCCM entity, will update any information included in a paper provider directory at least monthly and in an electronic provider directories as specified in 42 CFR 438.10(h)(3). (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(h)(3)) 3.5.14
The State assures that each MCO, PIHP, PAHP and when appropriate, PCCM entity, will make available the MCO’s, PIHP’s, PAHP’s, or PCCM entity’s formulary that meets the requirements specified in 42 CFR 457.1207, cross- referencing to 42 CFR 438.10(i), including: Which medications are covered (both generic and name brand); and What tier each medication is on.
3.5.15
The State assures that each MCO, PIHP, PAHP, PCCM and PCCM entity follows the requirements for marketing activities under 42 CFR 457.1224, cross-referencing to 42 CFR 438.104 (except 42 CFR 438.104(c)). Guidance: Requirements for marketing activities include, but are not limited to, that the MCO, PIHP, PAHP, PCCM, or PCCM entity does not distribute any marketing materials without first obtaining State approval; distributes the materials to its entire service areas as indicated in the contract; does not seek to
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-28
Effective Date: [07/01/2021]
28 Approval Date: 07/26/22 influence enrollment in conjunction with the sale or offering of any private insurance; and does not, directly or indirectly, engage in door-to-door, telephone, email, texting, or other cold-call marketing activities. (42 CFR 104(b)) Guidance: Only States with MCOs, PIHPs, or PAHPs need to answer the remaining assurances in Section 3.5 (3.5.16 through 3.5.18). 3.5.16
The State assures that each MCO, PIHP and PAHP protects communications between providers and enrollees under 42 CFR 457.1222, cross-referencing to 42 CFR 438.102. 3.5.17
The State assures that MCOs, PIHPs, and PAHPs have arrangements and procedures that prohibit the MCO, PIHP, and PAHP from conducting any unsolicited personal contact with a potential enrollee by an employee or agent of the MCO, PAHP, or PIHP for the purpose of influencing the individual to enroll with the entity. (42 CFR 457.1280(b)(2)) Guidance: States should also complete Section 3.9, which includes additional provisions about the notice procedures for grievances and appeals. 3.5.18
The State assures that each contracted MCO, PIHP, and PAHP comply with the notice requirements specified for grievances and appeals in accordance with the terms of 42 CFR 438, Subpart F, except that the terms of 42 CFR 438.420 do not apply and that references to reviews should be read to refer to reviews as described in 42 CFR 457, Subpart K. (42 CFR 457.1260) 3.6 Benefits and Services Guidance: The State should also complete Section 3.10 (Program Integrity). 3.6.1
The State assures that MCO, PIHP, PAHP, PCCM entity, and PCCM contracts involving Indians, Indian health care providers, and Indian managed care entities comply with the requirements of 42 CFR 438.14. (42 CFR 457.1209) 3.6.2
The State assures that all services covered under the State plan are available and accessible to enrollees. (42 CFR 457.1230(a), cross-referencing to 42 CFR 438.206) 3.6.3
The State assures that it: Publishes the State’s network adequacy standards developed in accordance with 42 CFR 457.1218, cross-referencing 42 CFR 438.68(b)(1) on the Web site required by 42 CFR 438.10;
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-29
Effective Date: [07/01/2021]
29 Approval Date: 07/26/22 Makes available, upon request, the State’s network adequacy standards at no cost to enrollees with disabilities in alternate formats or through the provision of auxiliary aids and services. (42 CFR 457.1218, cross- referencing 42 CFR 438.68(e)) Guidance: Only States with MCOs, PIHPs, or PAHPs need to complete the remaining assurances in Section 3.6 (3.6.4 through 3.6.20). 3.6.4
The State assures that each MCO, PAHP and PIHP meets the State’s network adequacy standards. (42 CFR 457.1218, cross-referencing 42 CFR 438.68; 42 CFR 457.1230(a), cross-referencing to 42 CFR 438.206) 3.6.5
The State assures that each MCO, PIHP, and PAHP includes within its network of credentialed providers: A sufficient number of providers to provide adequate access to all services covered under the contract for all enrollees, including those with limited English proficiency or physical or mental disabilities; Women’s health specialists to provide direct access to covered care necessary to provide women’s routine and preventative health care services for female enrollees; and Family planning providers to ensure timely access to covered services. (42 CFR 457.1230(a), cross-referencing to 42 CFR 438.206(b) 3.6.6
The State assures that each contract under 42 CFR 457.1201 permits an enrollee to choose his or her network provider. (42 CFR 457.1201(j), cross- referencing 42 CFR 438.3(l)) 3.6.7
The State assures that each MCO, PIHP, and PAHP provides for a second opinion from a network provider, or arranges for the enrollee to obtain one outside the network, at no cost. (42 CFR 457.1230(a), cross-referencing to 42 CFR 438.206(b)(3)) 3.6.8
The State assures that each MCO, PIHP, and PAHP ensures that providers, in furnishing services to enrollees, provide timely access to care and services, including by: Requiring the contract to adequately and timely cover out-of-network services if the provider network is unable to provide necessary services covered under the contract to a particular enrollee and at a cost to the enrollee that is no greater than if the services were furnished within the network; Requiring the MCO, PIHP and PAHP meet and its network providers to meet State standards for timely access to care and services, taking into account the urgency of the need for services;
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-30
Effective Date: [07/01/2021]
30 Approval Date: 07/26/22 Ensuring that the hours of operation for a network provider are no less than the hours of operation offered to commercial enrollees or comparable to Medicaid or CHIP Fee-For-Service, if the provider serves only Medicaid or CHIP enrollees; Ensuring that the MCO, PIHP and PAHP makes available services include in the contract on a 24 hours a day, 7 days a week basis when medically necessary; Establishing mechanisms to ensure compliance by network providers; Monitoring network providers regularly to determine compliance; Taking corrective action if there is a failure to comply by a network provider. (42 CFR 457.1230(a), cross-referencing to 42 CFR 438.206(b)(4) and (5) and (c)) 3.6.9
The State assures that each MCO, PIHP, and PAHP has the capacity to serve the expected enrollment in its service area in accordance with the State’s standards for access to care. (42 CFR 457.1230(b), cross-referencing to 42 CFR 438.207) 3.6.10
The State assures that each MCO, PIHP, and PAHP will be required to submit documentation to the State, at the time of entering into a contract with the State, on an annual basis, and at any time there has been a significant change to the MCO, PIHP, or PAHP’s operations that would affect the adequacy of capacity and services, to demonstrate that each MCO, PIHP, and PAHP for the anticipated number of enrollees for the service area: Offers an appropriate range of preventative, primary care and specialty services; and Maintains a provider network that is sufficient in number, mix, and geographic distribution. (42 CFR 457.1230, cross-referencing to 42 CFR 438.207(b)) 3.6.11
Except that 42 CFR 438.210(a)(5) does not apply to CHIP, the State assures that its contracts with each MCO, PIHP, or PAHP comply with the coverage of services requirements under 42 CFR 438.210, including: Identifying, defining, and specifying the amount, duration, and scope of each service that the MCO, PIHP, or PAHP is required to offer; and Permitting an MCO, PIHP, or PAHP to place appropriate limits on a service. (42 CFR 457.1230(d), cross referencing to 42 CFR 438.210(a) except that 438.210(a)(5) does not apply to CHIP contracts)
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-31
Effective Date: [07/01/2021]
31 Approval Date: 07/26/22 3.6.12
Except that 438.210(b)(2)(iii) does not apply to CHIP, the State assures that its contracts with each MCO, PIHP, or PAHP comply with the authorization of services requirements under 42 CFR 438.210, including that: The MCO, PIHP, or PAHP and its subcontractors have in place and follow written policies and procedures; The MCO, PIHP, or PAHP have in place mechanisms to ensure consistent application of review criteria and consult with the requesting provider when appropriate; and Any decision to deny a service authorization request or to authorize a service in an amount, duration, or scope that is less than requested be made by an individual with appropriate expertise in addressing the enrollee’s medical, or behavioral health needs. (42 CFR 457.1230(d), cross referencing to 42 CFR 438.210(b), except that 438.210(b)(2)(iii) does not apply to CHIP contracts) 3.6.13
The State assures that its contracts with each MCO, PIHP, or PAHP require each MCO, PIHP, or PAHP to notify the requesting provider and given written notice to the enrollee of any adverse benefit determination to deny a service authorization request, or to authorize a service in an amount, duration, or scope that is less than requested. (42 CFR 457.1230(d), cross-referencing to 42 CFR 438.210(c)) 3.6.14
The State assures that its contracts with each MCO, PIHP, or PAHP provide that compensation to individuals or entities that conduct utilization management activities is not structured so as to provide incentives for the individual or entity to deny, limit, or discontinue medically necessary services to any enrollee. (42 CFR 457.1230(d), cross-referencing to 42 CFR 438.210(e)) 3.6.15
The State assures that it has a transition of care policy that meets the requirements of 438.62(b)(1) and requires that each contracted MCO, PIHP, and PAHP implements the policy. (42 CFR 457.1216, cross-referencing to 42 CFR 438.62) 3.6.16
The State assures that each MCO, PIHP, and PAHP has implemented procedures to deliver care to and coordinate services for all enrollees in accordance with 42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208, including: Ensure that each enrollee has an ongoing source of care appropriate to his or her needs; Ensure that each enrollee has a person or entity formally designated as primarily responsible for coordinating the services accessed by the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-32
Effective Date: [07/01/2021]
32 Approval Date: 07/26/22 enrollee; Provide the enrollee with information on how to contract their designated person or entity responsible for the enrollee’s coordination of services; Coordinate the services the MCO, PIHP, or PAHP furnishes to the enrollee between settings of care; with services from any other MCO, PIHP, or PAHP; with fee-for-service services; and with the services the enrollee receives from community and social support providers; Make a best effort to conduct an initial screening of each enrollees needs within 90 days of the effective date of enrollment for all new enrollees; Share with the State or other MCOs, PIHPs, or PAHPs serving the enrollee the results of any identification and assessment of the enrollee’s needs; Ensure that each provider furnishing services to enrollees maintains and shares, as appropriate, an enrollee health record in accordance with professional standards; and Ensure that each enrollee’s privacy is protected in the process of coordinating care is protected with the requirements of 45 CFR parts 160 and 164 subparts A and E. (42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(b)) Guidance: For assurances 3.6.17 through 3.6.20, applicability to PIHPs and PAHPs is based a determination by the State in relation to the scope of the entity’s services and on the way the State has organized its delivery of managed care services, whether a particular PIHP or PAHP is required to implement the mechanisms for identifying, assessing, and producing a treatment plan for an individual with special health care needs. (42 CFR 457.1230(c), cross- referencing to 42 CFR 438.208(a)(2)) 3.6.17
The State assures that it has implemented mechanisms for identifying to MCOs, PIHPs, and PAHPs enrollees with special health care needs who are eligible for assessment and treatment services under 42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(c) and included the mechanism in the State’s quality strategy. 3.6.18
The State assures that each applicable MCO, PIHP, and PAHP implements the mechanisms to comprehensively assess each enrollee identified by the state as having special health care needs. (42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(c)(2))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-33
Effective Date: [07/01/2021]
33 Approval Date: 07/26/22 3.6.19
The State assures that each MCO, PIHP, and PAHP will produce a treatment or service plan that meets the following requirements for enrollees identified with special health care needs: Is in accordance with applicable State quality assurance and utilization review standards; Reviewed and revised upon reassessment of functional need, at least every 12 months, or when the enrollee’s circumstances or needs change significantly. (42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(c)(3)) 3.6.20
The State assures that each MCO, PIHP, and PAHP must have a mechanism in place to allow enrollees to directly access a specialist as appropriate for the enrollee’s condition and identified needs for enrollees identified with special health care needs who need a course of treatment or regular care monitoring. (42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(c)(4)) 3.7 Operations 3.7.1
The State assures that it has established a uniform credentialing and recredentialing policy that addresses acute, primary, behavioral, and substance use disorders providers and requires each MCO, PIHP and PAHP to follow those policies. (42 CFR 457.1233(a), cross-referencing 42 CFR 438.214(b)(1)) Guidance: Only States with MCOs, PIHPs, or PAHPs need to answer the remaining assurances in Section 3.7 (3.7.2 through 3.7.9). 3.7.2 The State assures each contracted MCO, PIHP and PAHP will comply with the provider selection requirements in 42 CFR 457.1208 and 457.1233(a), cross- referencing 42 CFR 438.12 and 438.214, including that: Each MCO, PIHP, or PAHP implements written policies and procedures for selection and retention of network providers (42 CFR 457.1233(a), cross-referencing 42 CFR 438.214(a)); MCO, PIHP, and PAHP network provider selection policies and procedures do not discriminate against particular providers that serve high-risk populations or specialize in conditions that require costly treatment (42 CFR 457.1233(a), cross-referencing 42 CFR 438.214(c)); MCOs, PIHPs, and PAHPs do not discriminate in the participation, reimbursement, or indemnification of any provider who is acting within the scope of his or her license or certification, solely on the basis of that license or certification (42 CFR 457.1208, cross referencing 42 CFR 438.12(a));
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-34
Effective Date: [07/01/2021]
34 Approval Date: 07/26/22 If an MCO, PIHP, or PAHP declines to include individual or groups of providers in the MCO, PIHP, or PAHP’s provider network, the MCO, PIHP, and PAHP gives the affected providers written notice of the reason for the decision (42 CFR 457.1208, cross referencing 42 CFR 438.12(a)); and MCOs, PIHPs, and PAHPs do not employ or contract with providers excluded from participation in Federal health care programs under either section 1128 or section 1128A of the Act. (42 CFR 457.1233(a), cross- referencing 42 CFR 438.214(d)).
3.7.3 The State assures that each contracted MCO, PIHP, and PAHP complies with the subcontractual relationships and delegation requirements in 42 CFR 457.1233(b), cross-referencing 42 CFR 438.230, including that: The MCO, PIHP, or PAHP maintains ultimate responsibility for adhering to and otherwise fully complying with all terms and conditions of its contract with the State; All contracts or written arrangements between the MCO, PIHP, or PAHP and any subcontractor specify that all delegated activities or obligations, and related reporting responsibilities, are specified in the contract or written agreement, the subcontractor agrees to perform the delegated activities and reporting responsibilities specified in compliance with the MCO's, PIHP's, or PAHP's contract obligations, and the contract or written arrangement must either provide for revocation of the delegation of activities or obligations, or specify other remedies in instances where the State or the MCO, PIHP, or PAHP determine that the subcontractor has not performed satisfactorily; All contracts or written arrangements between the MCO, PIHP, or PAHP and any subcontractor must specify that the subcontractor agrees to comply with all applicable CHIP laws, regulations, including applicable subregulatory guidance and contract provisions; and The subcontractor agrees to the audit provisions in 438.230(c)(3). 3.7.4
The State assures that each contracted MCO and, when applicable, each PIHP and PAHP, adopts and disseminates practice guidelines that are based on valid and reliable clinical evidence or a consensus of providers in the particular field; consider the needs of the MCO’s, PIHP’s, or PAHP’s enrollees; are adopted in consultation with network providers; and are reviewed and updated periodically as appropriate. (42 CFR 457.1233(c), cross referencing 42 CFR 438.236(b) and (c))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-35
Effective Date: [07/01/2021]
35 Approval Date: 07/26/22 3.7.5
The State assures that each contracted MCO and, when applicable, each PIHP and PAHP makes decisions for utilization management, enrollee education, coverage of services, and other areas to which the guidelines apply are consistent with the practice guidelines. (42 CFR 457.1233(c), cross referencing 42 CFR 438.236(d)) 3.7.6
The State assures that each contracted MCO, PIHP, and PAHP maintains a health information system that collects, analyzes, integrates, and reports data consistent with 42 CFR 438.242. The systems must provide information on areas including, but not limited to, utilization, claims, grievances and appeals, and disenrollments for other than loss of CHIP eligibility. (42 CFR 457.1233(d), cross referencing 42 CFR 438.242) 3.7.7
The State assures that it reviews and validates the encounter data collected, maintained, and submitted to the State by the MCO, PIHP, or PAHP to ensure it is a complete and accurate representation of the services provided to the enrollees under the contract between the State and the MCO, PIHP, or PAHP and meets the requirements 42 CFR 438.242 of this section. (42 CFR 457.1233(d), cross referencing 42 CFR 438.242) 3.7.8
The State assures that it will submit to CMS all encounter data collected, maintained, submitted to the State by the MCO, PIHP, and PAHP once the State has reviewed and validated the data based on the requirements of 42 CFR 438.242. (CMS State Medicaid Director Letter #13-004) 3.7.9
The State assures that each contracted MCO, PIHP and PAHP complies with the privacy protections under 42 CFR 457.1110. (42 CFR 457.1233(e)) 3.8 Beneficiary Protections 3.8.1
The State assures that each MCO, PIHP, PAHP, PCCM and PCCM entity has written policies regarding the enrollee rights specified in 42 CFR 438.100. (42 CFR 457.1220, cross-referencing to 42 CFR 438.100(a)(1)) 3.8.2
The State assures that its contracts with an MCO, PIHP, PAHP, PCCM, or PCCM entity include a guarantee that the MCO, PIHP, PAHP, PCCM, or PCCM entity will not avoid costs for services covered in its contract by referring enrollees to publicly supported health care resources. (42 CFR 457.1201(p)) 3.8.3
The State assures that MCOs, PIHPs, and PAHPs do not hold the enrollee liable for the following: The MCO’s, PIHP’s or PAHP’s debts, in the event of the entity’s solvency.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-36
Effective Date: [07/01/2021]
36 Approval Date: 07/26/22 (42 CFR 457.1226, cross-referencing to 42 CFR 438.106(a)) Covered services provided to the enrollee for which the State does not pay the MCO, PIHP or PAHP or for which the State, MCO, PIHP, or PAHP does not pay the individual or the health care provider that furnished the services under a contractual, referral or other arrangement. (42 CFR 457.1226, cross-referencing to 42 CFR 438.106(b)) Payments for covered services furnished under a contract, referral or other arrangement that are in excess of the amount the enrollee would owe if the MCO, PIHP or PAHP covered the services directly. (42 CFR 457.1226, cross-referencing to 42 CFR 438.106(c)) 3.9 Grievances and Appeals Guidance: Only States with MCOs, PIHPs, or PAHPs need to complete Section 3.9. States with PCCMs and/or PCCM entities should be adhering to the State’s review process for benefits. 3.9.1
The State assures that each MCO, PIHP, and PAHP has a grievance and appeal system in place that allows enrollees to file a grievance and request an appeal. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(a) and 438.402(c)) 3.9.2
The State assures that each MCO, PIHP, and PAHP has only one level of appeal for enrollees. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(b)) 3.9.3
The State assures that an enrollee may request a State review after receiving notice that the adverse benefit determination is upheld, or after an MCO, PIHP, or PAHP fails to adhere to the notice and timing requirements in 42 CFR 438.408. (42 CFR 457.1260, cross-referencing to 438.402(c)) 3.9.4. Does the state offer and arrange for an external medical review? Yes No
Guidance: Only states that answered yes to assurance 3.9.4 need to complete the next assurance (3.9.5). 3.9.5
The State assures that the external medical review is: At the enrollee's option and not required before or used as a deterrent to proceeding to the State review; Independent of both the State and MCO, PIHP, or PAHP; Offered without any cost to the enrollee; and
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-37
Effective Date: [07/01/2021]
37 Approval Date: 07/26/22 Not extending any of the timeframes specified in 42 CFR 438.408. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(a) and 438.402(c)(1)(i)) 3.9.6
The State assures that an enrollee may file a grievance with the MCO, PIHP, or PAHP at any time. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(a) and 438.402(c)(2)(i)) 3.9.7
The State assures that an enrollee has 60 calendar days from the date on an adverse benefit determination notice to file a request for an appeal to the MCO, PIHP, or PAHP. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(a) and 438.402(c)(2)(ii)) 3.9.8
The State assures that an enrollee may file a grievance and request an appeal either orally or in writing. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(a) and 438.402(c)(3)(i)) 3.9.9
The State assures that each MCO, PIHP, and PAHP gives enrollees timely and adequate notice of an adverse benefit determination in writing consistent with the requirements below in Section 3.9.10 and in 42 CFR 438.10. 3.9.10
The State assures that the notice of an adverse benefit determination explains: The adverse benefit determination. The reasons for the adverse benefit determination, including the right of the enrollee to be provided upon request and free of charge, reasonable access to and copies of all documents, records, and other information relevant to the enrollee's adverse benefit determination. Such information includes medical necessity criteria, and any processes, strategies, or evidentiary standards used in setting coverage limits. The enrollee’s right to request an appeal of the MCO’s, PIHP’s, or PAHP’s adverse benefit determination, including information on exhausting the MCO’s, PIHP’s, or PAHP’s one level of appeal and the right to request a State review. The procedures for exercising the rights specified above under this assurance. The circumstances under which an appeal process can be expedited and how to request it. (42 CFR 457.1260, cross-referencing to 42 CFR 438.404(b)) 3.9.11
The State assures that the notice of an adverse benefit determination is provided in a timely manner in accordance with 42 CFR 457.1260. (42 CFR 457.1260, cross-referencing to 42 CFR 438.404(c))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-38
Effective Date: [07/01/2021]
38 Approval Date: 07/26/22 3.9.12
The State assures that MCOs, PIHPs, and PAHPs give enrollees reasonable assistance in completing forms and taking other procedural steps related to a grievance or appeal. This includes, but is not limited to, auxiliary aids and services upon request, such as providing interpreter services and toll-free numbers that have adequate TTY/TTD and interpreter capability. (42 CFR 457.1260, cross-referencing to 42 CFR 438.406(a)) 3.9.13 The state makes the following assurances related to MCO, PIHP, and PAHP processes for handling enrollee grievances and appeals: Individuals who make decisions on grievances and appeals were neither involved in any previous level of review or decision-making nor a subordinate of any such individual. Individuals who make decisions on grievances and appeals, if deciding any of the following, are individuals who have the appropriate clinical expertise in treating the enrollee’s condition or disease: An appeal of a denial that is based on lack of medical necessity. A grievance regarding denial of expedited resolution of an appeal. A grievance or appeal that involves clinical issues. All comments, documents, records, and other information submitted by the enrollee or their representative will be taken into account, without regard to whether such information was submitted or considered in the initial adverse benefit determination. Enrollees have a reasonable opportunity, in person and in writing, to present evidence and testimony and make legal and factual arguments. Enrollees are provided the enrollee’s case file, including medical records, other documents and records, and any new or additional evidence considered, relied upon, or generated by the MCO, PIHP or PAHP (or at the direction of the MCO, PIHP or PAHP) in connection with the appeal of the adverse benefit determination. This information must be provided free of charge and sufficiently in advance of the resolution timeframe for appeals. The enrollee and his or her representative or the legal representative of a deceased enrollee’s estate are included as parties to the appeal. (42 CFR 457.1260, cross-referencing to 42 CFR 438.406(b)) 3.9.14
The State assures that standard grievances are resolved (including notice to the affected parties) within 90 calendar days from the day the MCO, PIHP, or PAHP receives the grievance. (42 CFR 457.1260, cross-referencing to 42 CFR 438.408(b))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-39
Effective Date: [07/01/2021]
39 Approval Date: 07/26/22 3.9.15
The State assures that standard appeals are resolved (including notice to the affected parties) within 30 calendar days from the day the MCO, PIHP, or PAHP receives the appeal. The MCO, PIHP, or PAHP may extend the timeframe by up to 14 calendar days if the enrollee requests the extension or the MCO, PIHP, or PAHP shows that there is need for additional information and that the delay is in the enrollee’s interest. (42 CFR 457.1260, cross- referencing to 42 CFR 42 CFR 438.408(b) and (c)) 3.9.16
The State assures that each MCO, PIHP, and PAHP establishes and maintains an expedited review process for appeals that is no longer than 72 hours after the MCO, PIHP, or PAHP receives the appeal. The expedited review process applies when the MCO, PIHP, or PAHP determines (for a request from the enrollee) or the provider indicates (in making the request on the enrollee's behalf or supporting the enrollee’s request) that taking the time for a standard resolution could seriously jeopardize the enrollee’s life, physical or mental health, or ability to attain, maintain, or regain maximum function. (42 CFR 457.1260, cross-referencing to 42 CFR 438.408(b) and (c), and 42 CFR 438.410(a)) 3.9.17
The State assures that if an MCO, PIHP, or PAHP denies a request for expedited resolution of an appeal, it transfers the appeal within the timeframe for standard resolution in accordance with 42 CFR 438.408(b)(2). (42 CFR 457.1260, cross-referencing to 42 CFR 438.410(c)(1)) 3.9.18
The State assures that if the MCO, PIHP, or PAHP extends the timeframes for an appeal not at the request of the enrollee or it denies a request for an expedited resolution of an appeal, it completes all of the following: Make reasonable efforts to give the enrollee prompt oral notice of the delay. Within 2 calendar days give the enrollee written notice of the reason for the decision to extend the timeframe and inform the enrollee of the right to file a grievance if he or she disagrees with that decision. Resolve the appeal as expeditiously as the enrollee's health condition requires and no later than the date the extension expires. (42 CFR 457.1260, cross-referencing to 42 CFR 438.408(c) and 42 CFR 438.410(c)) 3.9.19
The State assures that if an MCO, PIHP, or PAHP fails to adhere to the notice and timing requirements in this section, the enrollee is deemed to have exhausted the MCO’s, PIHP’s, or PAHP’s appeals process and the enrollee may initiate a State review. (42 CFR 457.1260, cross-referencing to 42 CFR 438.408(c)(3))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-40
Effective Date: [07/01/2021]
40 Approval Date: 07/26/22 3.9.20
The State assures that has established a method that an MCO, PIHP, and PAHP will use to notify an enrollee of the resolution of a grievance and ensure that such methods meet, at a minimum, the standards described at 42 CFR 438.10. (42 CFR 457.1260, cross referencing to 42 CFR 457.408(d)(1)) 3.9.21
For all appeals, the State assures that each contracted MCO, PIHP, and PAHP provides written notice of resolution in a format and language that, at a minimum, meet the standards described at 42 CFR 438.10. The notice of resolution includes at least the following items: The results of the resolution process and the date it was completed; and For appeals not resolved wholly in favor of the enrollees: o The right to request a State review, and how to do so. o The right to request and receive benefits while the hearing is pending, and how to make the request. o That the enrollee may, consistent with State policy, be held liable for the cost of those benefits if the hearing decision upholds the MCO’s, PIHP’s, or PAHP’s adverse benefit determination. (42 CFR 457.1260, cross referencing to 42 CFR 457.408(d)(2)(i) and (e))
3.9.22
For notice of an expedited resolution, the State assures that each contracted MCO, PIHP, or PAHP makes reasonable efforts to provide oral notice, in addition to the written notice of resolution. (42 CFR 457.1260, cross referencing to 42 CFR 457.408(d)(2)(ii)) 3.9.23
The State assures that if it offers an external medical review: The review is at the enrollee’s option and is not required before or used as a deterrent to proceeding to the State review; The review is independent of both the State and MCO, PIHP, or PAHP; and The review is offered without any cost to the enrollee. (42 CFR 457.1260, cross-referencing to 42 CFR 438.408(f)) 3.9.24
The State assures that MCOs, PIHPs, and PAHPs do not take punitive action against providers who request an expedited resolution or support an enrollee's appeal. (42 CFR 457.1260, cross-referencing to 42 CFR 438.410(b)) 3.9.25
The State assures that MCOs, PIHPs, or PAHPs must provide information specified in 42 CFR 438.10(g)(2)(xi) about the grievance and appeal system to all providers and subcontractors at the time they enter into a contract. This includes: The right to file grievances and appeals; The requirements and timeframes for filing a grievance or appeal;
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-41
Effective Date: [07/01/2021]
41 Approval Date: 07/26/22 The availability of assistance in the filing process; The right to request a State review after the MCO, PIHP or PAHP has made a determination on an enrollee's appeal which is adverse to the enrollee; and The fact that, when requested by the enrollee, benefits that the MCO, PIHP, or PAHP seeks to reduce or terminate will continue if the enrollee files an appeal or a request for State review within the timeframes specified for filing, and that the enrollee may, consistent with State policy, be required to pay the cost of services furnished while the appeal or State review is pending if the final decision is adverse to the enrollee. (42 CFR 457.1260, cross-referencing to 42 CFR 438.414) 3.9.26
The State assures that it requires MCOs, PIHPs, and PAHPs to maintain records of grievances and appeals and reviews the information as part of its ongoing monitoring procedures, as well as for updates and revisions to the State quality strategy. The record must be accurately maintained in a manner accessible to the state and available upon request to CMS. (42 CFR 457.1260, cross-referencing to 42 CFR 438.416) 3.9.27
The State assures that if the MCO, PIHP, or PAHP, or the State review officer reverses a decision to deny, limit, or delay services that were not furnished while the appeal was pending, the MCO, PIHP, or PAHP must authorize or provide the disputed services promptly and as expeditiously as the enrollee's health condition requires but no later than 72 hours from the date it receives notice reversing the determination. (42 CFR 457.1260, cross-referencing to 42 CFR 438.424(a)) 3.10 Program Integrity Guidance: The State should complete Section 11 (Program Integrity) in addition to Section 3.10. Guidance: Only States with MCOs, PIHPs, or PAHPs need to answer the first seven assurances (3.10.1 through 3.10.7). 3.10.1 The State assures that any entity seeking to contract as an MCO, PIHP, or PAHP under a separate child health program has administrative and management arrangements or procedures designed to safeguard against fraud and abuse, including:
Enforcing MCO, PIHP, and PAHP compliance with all applicable Federal and State statutes, regulations, and standards;
Prohibiting MCOs, PIHPs, or PAHPs from conducting any unsolicited personal contact with a potential enrollee by an employee or agent of the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-42
Effective Date: [07/01/2021]
42 Approval Date: 07/26/22 MCO, PAHP, or PIHP for the purpose of influencing the individual to enroll with the entity; and
Including a mechanism for MCOs, PIHPs, and PAHPs to report to the State, to CMS, or to the Office of Inspector General (OIG) as appropriate, information on violations of law by subcontractors, providers, or enrollees of an MCO, PIHP, or PAHP and other individuals. (42 CFR 457.1280)
3.10.2
The State assures that it has in effect safeguards against conflict of interest on the part of State and local officers and employees and agents of the State who have responsibilities relating to the MCO, PIHP, or PAHP contracts or enrollment processes described in 42 CFR 457.1210(a). (42 CFR 457.1214, cross referencing 42 CFR 438.58) 3.10.3
The State assures that it periodically, but no less frequently than once every 3 years, conducts, or contracts for the conduct of, an independent audit of the accuracy, truthfulness, and completeness of the encounter and financial data submitted by, or on behalf of, each MCO, PIHP or PAHP. (42 CFR 457.1285, cross referencing 42 CFR 438.602(e)) 3.10.4
The State assures that it requires MCOs, PIHPs, PAHPs, and or subcontractors (only to the extent that the subcontractor is delegated responsibility by the MCO, PIHP, or PAHP for coverage of services and payment of claims) implement and maintain arrangements or procedures that are designed to detect and prevent fraud, waste, and abuse. The arrangements or procedures must include the following: A compliance program that include all of the elements described in 42 CFR 438.608(a)(1); Provision for prompt reporting of all overpayments identified or recovered, specifying the overpayments due to potential fraud, to the State; Provision for prompt notification to the State when it receives information about changes in an enrollee’s circumstances that may affect the enrollee's eligibility; Provision for notification to the State when it receives information about a change in a network provider’s circumstances that may affect the network provider's eligibility to participate in the managed care program, including the termination of the provider agreement with the MCO, PIHP or PAHP; Provision for a method to verify, by sampling or other methods, whether services that have been represented to have been delivered by network providers were received by enrollees and the application of such verification processes on a regular basis;
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-43
Effective Date: [07/01/2021]
43 Approval Date: 07/26/22 In the case of MCOs, PIHPs, or PAHPs that make or receive annual payments under the contract of at least $5,000,000, provision for written policies for all employees of the entity, and of any contractor or agent, that provide detailed information about the False Claims Act and other Federal and State laws described in section 1902(a)(68) of the Act, including information about rights of employees to be protected as whistleblowers; Provision for the prompt referral of any potential fraud, waste, or abuse that the MCO, PIHP, or PAHP identifies to the State Medicaid/CHIP program integrity unit or any potential fraud directly to the State Medicaid Fraud Control Unit; and Provision for the MCO’s, PIHP’s, or PAHP’s suspension of payments to a network provider for which the State determines there is a credible allegation of fraud in accordance with 42 CFR 455.23. (42 CFR 457.1285, cross referencing 42 CFR 438.608(a)) 3.10.5
The State assures that each MCO, PIHP, or PAHP requires and has a mechanism for a network provider to report to the MCO, PIHP or PAHP when it has received an overpayment, to return the overpayment to the MCO, PIHP or PAHP within 60 calendar days after the date on which the overpayment was identified, and to notify the MCO, PIHP or PAHP in writing of the reason for the overpayment. (42 CFR 457.1285, cross referencing 42 CFR 438.608(d)(2)) 3.10.6
The State assures that each MCO, PIHP, or PAHP reports annually to the State on their recoveries of overpayments. (42 CFR 457.1285, cross referencing 42 CFR 438.608(d)(3)) 3.10.7
The State assures that it screens and enrolls, and periodically revalidates, all network providers of MCOs, PIHPs, and PAHPs, in accordance with the requirements of part 455, subparts B and E. This requirement also extends to PCCMs and PCCM entities to the extent that the primary care case manager is not otherwise enrolled with the State to provide services to fee-for-service beneficiaries. (42 CFR 457.1285, cross referencing 42 CFR 438.602(b)(1) and 438.608(b)) 3.10.8
The State assures that it reviews the ownership and control disclosures submitted by the MCO, PIHP, PAHP, PCCM or PCCM entity, and any subcontractors. (42 CFR 457.1285, cross referencing 42 CFR 438.602(c)) 3.10.9
The State assures that it confirms the identity and determines the exclusion status of the MCO, PIHP, PAHP, PCCM or PCCM entity, any subcontractor, as well as any person with an ownership or control interest, or who is an agent or managing employee of the MCO, PIHP, PAHP, PCCM or PCCM entity through routine checks of Federal databases. If the State finds a party that is
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-44
Effective Date: [07/01/2021]
44 Approval Date: 07/26/22 excluded, the State promptly notifies the MCO, PIHP, PAHP, PCCM, or PCCM entity and takes action consistent with 42 CFR 438.610(c). (42 CFR 457.1285, cross referencing 42 CFR 438.602(d)) 3.10.10
The State assures that it receives and investigates information from whistleblowers relating to the integrity of the MCO, PIHP, PAHP, PCCM, or PCCM entity, subcontractors, or network providers receiving Federal funds under this part. (42 CFR 457.1285, cross referencing 42 CFR 438.602(f)) 3.10.11
The State assures that MCOs, PIHPs, PAHPs, PCCMs, or PCCM entities with which the State contracts are not located outside of the United States and that no claims paid by an MCO, PIHP, or PAHP to a network provider, out-of- network provider, subcontractor or financial institution located outside of the U.S. are considered in the development of actuarially sound capitation rates. (42 CFR 457.1285, cross referencing to 42 CFR 438.602(i); Section 1902(a)(80) of the Social Security Act) 3.10.12 The State assures that MCOs, PIHPs, PAHPs, PCCMs, and PCCM entities submit to the State the following data, documentation, and information:
Encounter data in the form and manner described in 42 CFR 438.818.
Data on the basis of which the State determines the compliance of the MCO, PIHP, or PAHP with the medical loss ratio requirement described in 42 CFR 438.8.
Data on the basis of which the State determines that the MCO, PIHP or PAHP has made adequate provision against the risk of insolvency as required under 42 CFR 438.116.
Documentation described in 42 CFR 438.207(b) on which the State bases its certification that the MCO, PIHP or PAHP has complied with the State’s requirements for availability and accessibility of services, including the adequacy of the provider network, as set forth in 42 CFR 438.206.
Information on ownership and control described in 42 CFR 455.104 of this chapter from MCOs, PIHPs, PAHPs, PCCMs, PCCM entities, and subcontractors as governed by 42 CFR 438.230.
The annual report of overpayment recoveries as required in 42 CFR 438.608(d)(3). (42 CFR 457.1285, cross referencing 42 CFR 438.604(a))
3.10.13 The State assures that:
It requires that the data, documentation, or information submitted in accordance with 42 CFR 457.1285, cross referencing 42 CFR 438.604(a), is certified in a manner that the MCO’s, PIHP’s, PAHP’s, PCCM’s, or PCCM entity’s Chief Executive Officer or Chief Financial
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-45
Effective Date: [07/01/2021]
45 Approval Date: 07/26/22 Officer is ultimately responsible for the certification. (42 CFR 457.1285, cross referencing 42 CFR 438.606(a))
It requires that the certification includes an attestation that, based on best information, knowledge, and belief, the data, documentation, and information specified in 42 CFR 438.604 are accurate, complete, and truthful. (42 CFR 457.1285, cross referencing 42 CFR 438.606(b)); and
It requires the MCO, PIHP, PAHP, PCCM, or PCCM entity to submit the certification concurrently with the submission of the data, documentation, or information required in 42 CFR 438.604(a) and (b). (42 CFR 457.1285, cross referencing 42 CFR 438.604(c))
3.10.14
The State assures that each MCO, PIHP, PAHP, PCCM, PCCM entity, and any subcontractors provides: written disclosure of any prohibited affiliation under 42 CFR 438.610, written disclosure of and information on ownership and control required under 42 CFR 455.104, and reports to the State within 60 calendar days when it has identified the capitation payments or other payments in excess of amounts specified in the contract. (42 CFR 457.1285, cross referencing 42 CFR 438.608(c)) 3.10.15
The State assures that services are provided in an effective and efficient manner. (Section 2101(a)) 3.10.16
The State assures that it operates a Web site that provides: The documentation on which the State bases its certification that the MCO, PIHP or PAHP has complied with the State’s requirements for availability and accessibility of services; Information on ownership and control of MCOs, PIHPs, PAHPs, PCCMs, PCCM entities, and subcontractors; and The results of any audits conducted under 42 CFR 438.602(e). (42 CFR 457.1285, cross-referencing to 42 CFR 438.602(g)). 3.11 Sanctions Guidance: Only States with MCOs need to answer the next three assurances (3.11.1 through 3.11.3).
Intermediate sanctions are defined at 42 CFR 438.702(a)(4) as: (1) Civil money penalties; (2) Appointment of temporary management (for an MCO); (3) Granting enrollees the right to terminate enrollment without cause; (4) Suspension of all new enrollment; and (5) Suspension of payment for beneficiaries.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-46
Effective Date: [07/01/2021]
46 Approval Date: 07/26/22 3.11.1
The State assures that it has established intermediate sanctions that it may impose if it makes the determination that an MCO has acted or failed to act in a manner specified in 438.700(b)-(d). (42 CFR 457.1270, cross referencing 42 CFR 438.700) 3.11.2
The State assures that it will impose temporary management if it finds that an MCO has repeatedly failed to meet substantive requirements of part 457 subpart L. (42 CFR 457.1270, cross referencing 42 CFR 438.706(b)) 3.11.3
The State assures that if it imposes temporary management on an MCO, the State allows enrollees the right to terminate enrollment without cause and notifies the affected enrollees of their right to terminate enrollment. (42 CFR 457.1270, cross referencing 42 CFR 438.706(b)) Guidance: Only states with PCCMs, or PCCM entities need to answer the next assurance (3.11.4). 3.11.4 Does the State establish intermediate sanctions for PCCMs or PCCM entities? Yes No
Guidance: Only states with MCOs and states that answered yes to assurance 3.11.4 need to complete the next three assurances (3.11.5 through 3.11.7). 3.11.5
The State assures that before it imposes intermediate sanctions, it gives the affected entity timely written notice. (42 CFR 457.1270, cross referencing 42 CFR 438.710(a)) 3.11.6
The State assures that if it intends to terminate an MCO, PCCM, or PCCM entity, it provides a pre-termination hearing and written notice of the decision as specified in 42 CFR 438.710(b). If the decision to terminate is affirmed, the State assures that it gives enrollees of the MCO, PCCM or PCCM entity notice of the termination and information, consistent with 42 CFR 438.10, on their options for receiving CHIP services following the effective date of termination. (42 CFR 457.1270, cross referencing 42 CFR 438.710(b)) 3.11.7
The State assures that it will give CMS written notice that complies with 42 CFR 438.724 whenever it imposes or lifts a sanction for one of the violations listed in 42 CFR 438.700. (42 CFR 457.1270, cross referencing 42 CFR 438.724)
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-47
Effective Date: [07/01/2021]
47 Approval Date: 07/26/22 3.12 Quality Measurement and Improvement; External Quality Review Guidance: The State should complete Sections 7 (Quality and Appropriateness of Care) and 9 (Strategic Objectives and Performance Goals and Plan Administration) in addition to Section 3.12. Guidance: States with MCO(s), PIHP(s), PAHP(s), or certain PCCM entity/ies (PCCM entities whose contract with the State provides for shared savings, incentive payments or other financial reward for improved quality outcomes - see 42 CFR 457.1240(f)) - should complete the applicable sub-sections for each entity type in this section, regarding 42 CFR 457.1240 and 1250. 3.12.1 Quality Strategy Guidance: All states with MCOs, PIHPs, PAHPs, PCCMs, or PCCM entities need to complete section 3.12.1. 3.12.1.1
The State assures that it will draft and implement a written quality strategy for assessing and improving the quality of health care and services furnished CHIP enrollees as described in 42 CFR 438.340(a). The quality strategy must include the following items: The State-defined network adequacy and availability of services standards for MCOs, PIHPs, and PAHPs required by 42 CFR 438.68 and 438.206 and examples of evidence-based clinical practice guidelines the State requires in accordance with 42 CFR 438.236; A description of: o The quality metrics and performance targets to be used in measuring the performance and improvement of each MCO, PIHP, and PAHP with which the State contracts, including but not limited to, the performance measures reported in accordance with 42 CFR 438.330(c); and o The performance improvement projects to be implemented in accordance with 42 CFR 438.330(d), including a description of any interventions the State proposes to improve access, quality, or timeliness of care for beneficiaries enrolled in an MCO, PIHP, or PAHP; Arrangements for annual, external independent reviews, in accordance with 42 CFR 438.350, of the quality outcomes and timeliness of, and access to, the services covered under each contract; A description of the State’s transition of care policy required under 42 CFR 438.62(b)(3);
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-48
Effective Date: [07/01/2021]
48 Approval Date: 07/26/22 The State’s plan to identify, evaluate, and reduce, to the extent practicable, health disparities based on age, race, ethnicity, sex, and primary language; For MCOs, appropriate use of intermediate sanctions that, at a minimum, meet the requirements of subpart I of 42 CFR Part 438; A description of how the State will assess the performance and quality outcomes achieved by each PCCM entity; The mechanisms implemented by the State to comply with 42 CFR 438.208(c)(1) (relating to the identification of persons with special health care needs); Identification of the external quality review (EQR)-related activities for which the State has exercised the option under 42 CFR 438.360 (relating to nonduplication of EQR-related activities), and explain the rationale for the State’s determination that the private accreditation activity is comparable to such EQR-related activities; Identification of which quality measures and performance outcomes the State will publish at least annually on the Web site required under 42 CFR 438.10(c)(3); and The State’s definition of a “significant change” for the purposes of updating the quality strategy under 42 CFR 438.340(c)(3)(ii). (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(b)) 3.12.1.2
The State assures that the goals and objectives for continuous quality improvement in the quality strategy are measurable and take into consideration the health status of all populations in the State served by the MCO, PIHP, and PAHP. (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(b)(2)) 3.12.1.3
The State assures that for purposes of the quality strategy, the State provides the demographic information for each CHIP enrollee to the MCO, PIHP or PAHP at the time of enrollment. (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(b)(6)) 3.12.1.4
The State assures that it will review and update the quality strategy as needed, but no less than once every 3 years. (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(c)(2)) 3.12.1.5
The State assures that its review and updates to the quality strategy will include an evaluation of the effectiveness of the quality strategy conducted within the previous 3 years and the recommendations provided pursuant to 42 CFR 438.364(a)(4). (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(c)(2)(i) and (iii)).
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-49
Effective Date: [07/01/2021]
49 Approval Date: 07/26/22 3.12.1.6
The State assures that it will submit to CMS: A copy of the initial quality strategy for CMS comment and feedback prior to adopting it in final; and A copy of the revised strategy whenever significant changes are made to the document, or whenever significant changes occur within the State’s CHIP program, including after the review and update required every 3 years. (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(c)(3)) 3.12.1.7
Before submitting the strategy to CMS for review, the State assures that when it drafts or revises the State’s quality strategy it will: Make the strategy available for public comment; and If the State enrolls Indians in the MCO, PIHP, or PAHP, consult with Tribes in accordance with the State’s Tribal consultation policy. (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(c)(1)) 3.12.1.8
The State assures that it makes the results of the review of the quality strategy (including the effectiveness evaluation) and the final quality strategy available on the Web site required under 42 CFR 438.10(c)(3). (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(c)(2)(ii) and (d)) 3.12.2 Quality Assessment and Performance Improvement Program 3.12.2.1 Quality Assessment and Performance Improvement Program: Measures and Projects Guidance: Only states with MCOs, PIHPs, or PAHPs need to complete the next two assurances (3.12.2.1.1 and 3.12.2.1.2). 3.12.2.1.1 The State assures that it requires that each MCO, PIHP, and PAHP establish and implement an ongoing comprehensive quality assessment and performance improvement program for the services it furnishes to its enrollees as provided in 42 CFR 438.330, except that the terms of 42 CFR 438.330(d)(4) (related to dual eligibles) do not apply. The elements of the assessment and program include at least: Standard performance measures specified by the State; Any measures and programs required by CMS (42 CFR 438.330(a)(2); Performance improvement projects that focus on clinical
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-50
Effective Date: [07/01/2021]
50 Approval Date: 07/26/22 and non-clinical areas, as specified in 42 CFR 438.330(d); Collection and submission of performance measurement data in accordance with 42 CFR 438.330(c); Mechanisms to detect both underutilization and overutilization of services; and Mechanisms to assess the quality and appropriateness of care furnished to enrollees with special health care needs, as defined by the State in the quality strategy under 42 CFR 457.1240(e) and Section 3.12.1 of this template). (42 CFR 457.1240(b), cross referencing to 42 CFR 438.330(b) and (c)(1))
Guidance: A State may request an exemption from including the performance measures or performance improvement programs established by CMS under 42 CFR 438.330(a)(2), by submitting a written request to CMS explaining the basis for such request. 3.12.2.1.2 The State assures that each MCO, PIHP, and PAHP’s performance improvement projects are designed to achieve significant improvement, sustained over time, in health outcomes and enrollee satisfaction. The performance improvement projects include at least the following elements: Measurement of performance using objective quality indicators; Implementation of interventions to achieve improvement in the access to and quality of care; Evaluation of the effectiveness of the interventions based on the performance measures specified in 42 CFR 438.330(d)(2)(i); and Planning and initiation of activities for increasing or sustaining improvement. (42 CFR 457.1240(b), cross referencing to 42 CFR 438.330(d)(2)) Guidance: Only states with a PCCM entity whose contract with the State provides for shared savings, incentive payments or other financial reward for improved quality outcomes need to complete the next assurance (3.12.2.1.3).
3.12.2.1.3 The State assures that it requires that each PCCM entity establishes and implements an ongoing comprehensive quality assessment and performance improvement program for the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-51
Effective Date: [07/01/2021]
51 Approval Date: 07/26/22 services it furnishes to its enrollees as provided in 42 CFR 438.330, except that the terms of 42 CFR 438.330(d)(4) (related to dual eligibles) do not apply. The assessment and program must include: Standard performance measures specified by the State; Mechanisms to detect both underutilization and overutilization of services; and Collection and submission of performance measurement data in accordance with 42 CFR 438.330(c). (42 CFR 457.1240(a) and (b), cross referencing to 42 CFR 438.330(b)(3) and (c)) 3.12.2.2 Quality Assessment and Performance Improvement Program: Reporting and Effectiveness Guidance: Only states with MCOs, PIHPs, or PAHPs need to complete Section 3.12.2.2. 3.12.2.2.1 The State assures that each MCO, PIHP, and PAHP reports on the status and results of each performance improvement project conducted by the MCO, PIHP, and PAHP to the State as required by the State, but not less than once per year. (42 CFR 457.1240(b), cross referencing to 42 CFR 438.330(d)(3)) 3.12.2.2.2 The State assures that it annually requires each MCO, PIHP, and PAHP to:
1) Measure and report to the State on its performance using the standard measures required by the State;
2) Submit to the State data specified by the State to calculate the MCO’s, PIHP’s, or PAHP’s performance using the standard measures identified by the State; or
3) Perform a combination of options (1) and (2) of this assurance. (42 CFR 457.1240(b), cross referencing to 42 CFR 438.330(c)(2))
3.12.2.2.3 The State assures that the State reviews, at least annually, the impact and effectiveness of the quality assessment and performance improvement program of each MCO, PIHP, PAHP and PCCM entity. The State’s review must include: The MCO’s, PIHP’s, PAHP’s, and PCCM entity’s performance on the measures on which it is required to report; and The outcomes and trended results of each MCO’s, PIHP’s,
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-52
Effective Date: [07/01/2021]
52 Approval Date: 07/26/22 and PAHP’s performance improvement projects. (42 CFR 457.1240(b), cross referencing to 42 CFR 438.330(e)(1)) 3.12.3 Accreditation Guidance: Only states with MCOs, PIHPs, or PAHPs need to complete Section 3.12.3. 3.12.3.1
The State assures that it requires each MCO, PIHP, and PAHP to inform the state whether it has been accredited by a private independent accrediting entity, and, if the MCO, PIHP, or PAHP has received accreditation by a private independent accrediting agency, that the MCO, PIHP, and PAHP authorizes the private independent accrediting entity to provide the State a copy of its recent accreditation review that includes the MCO, PIHP, and PAHP’s accreditation status, survey type, and level (as applicable); accreditation results, including recommended actions or improvements, corrective action plans, and summaries of findings; and expiration date of the accreditation. (42 CFR 457.1240(c), cross referencing to 42 CFR 438.332(a) and (b)). 3.12.3.2
The State assures that it will make the accreditation status for each contracted MCO, PIHP, and PAHP available on the Web site required under 42 CFR 438.10(c)(3), including whether each MCO, PIHP, and PAHP has been accredited and, if applicable, the name of the accrediting entity, accreditation program, and accreditation level; and update this information at least annually. (42 CFR 457.1240(c), cross referencing to 42 CFR 438.332(c)) 3.12.4 Quality Rating Guidance: Only states with MCOs, PIHPs, or PAHPs need to complete Section 3.12.4.
The State assures that it will implement and operate a quality rating system that issues an annual quality rating for each MCO, PIHP, and PAHP, which the State will prominently display on the Web site required under 42 CFR 438.10(c)(3), in accordance with the requirements set forth in 42 CFR 438.334. (42 CFR 457.1240(d)) Guidance: States will be required to comply with this assurance within 3 years after CMS, in consultation with States and other Stakeholders and after providing public notice and opportunity for comment, has identified performance measures and a methodology for a Medicaid and CHIP managed care quality rating system in the Federal Register.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-53
Effective Date: [07/01/2021]
53 Approval Date: 07/26/22 3.12.5 Quality Review Guidance: All states with MCOs, PIHPs, PAHPs, PCCMs or PCCM entities need to complete Sections 3.12.5 and 3.12.5.1.
The State assures that each contract with a MCO, PIHP, PAHP, or PCCM entity requires that a qualified EQRO performs an annual external quality review (EQR) for each contracting MCO, PIHP, PAHP or PCCM entity, except as provided in 42 CFR 438.362. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.350(a)) 3.12.5.1 External Quality Review Organization 3.12.5.1.1 The State assures that it contracts with at least one external quality review organization (EQRO) to conduct either EQR alone or EQR and other EQR-related activities. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.356(a)) 3.12.5.1.2 The State assures that any EQRO used by the State to comply with 42 CFR 457.1250 must meet the competence and independence requirements of 42 CFR 438.354 and, if the EQRO uses subcontractors, that the EQRO is accountable for and oversees all subcontractor functions. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.354 and 42 CFR 438.356(b) through (d)) 3.12.5.2 External Quality Review-Related Activities Guidance: Only states with MCOs, PIHPs, or PAHPs need to complete the next three assurances (3.12.5.2.1 through 3.12.5.2.3). Under 42 CFR 457.1250(a), the State, or its agent or EQRO, must conduct the EQR- related activity under 42 CFR 438.358(b)(1)(iv) regarding validation of the MCO, PIHP, or PAHP’s network adequacy during the preceding 12 months; however, the State may permit its contracted MCO, PIHP, and PAHPs to use information from a private accreditation review in lieu of any or all the EQR-related activities under 42 CFR 438.358(b)(1)(i) through (iii) (relating to the validation of performance improvement projects, validation of performance measures, and compliance review). 3.12.5.2.1 The State assures that the mandatory EQR-related activities described in 42 CFR 438.358(b)(1)(i) through (iv) (relating to the validation of performance improvement projects, validation of performance measures, compliance review, and validation of network adequacy) will be conducted on all MCOs, PIHPs, or
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-54
Effective Date: [07/01/2021]
54 Approval Date: 07/26/22 PAHPs. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.358(b)(1))
3.12.5.2.2 The State assures that if it elects to use nonduplication for any or all of the three mandatory EQR-related activities described at 42 CFR 438.358(b)(1)(i) – (iii), the State will document the use of nonduplication in the State’s quality strategy. (42 CFR 457.1250(a), cross referencing 438.360, 438.358(b)(1)(i) through (b)(1)(iii), and 438.340) 3.12.5.2.3 The State assures that if the State elects to use nonduplication for any or all of the three mandatory EQR-related activities described at 42 CFR 438.358(b)(1)(i) – (iii), the State will ensure that all information from a Medicare or private accreditation review for an MCO, PIHP, or PAHP will be furnished to the EQRO for analysis and inclusion in the EQR technical report described in 42 CFR 438.364. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.360(b)) Guidance: Only states with PCCM entities need to complete the next assurance (3.12.5.2.4). 3.12.5.2.4 The State assures that the mandatory EQR-related activities described in 42 CFR 438.358(b)(2) (cross-referencing 42 CFR 438.358(b)(1)(ii) and (b)(1)(iii)) will be conducted on all PCCM entities, which include: Validation of PCCM entity performance measures required in accordance with 42 CFR 438.330(b)(2) or PCCM entity performance measures calculated by the State during the preceding 12 months; and A review, conducted within the previous 3-year period, to determine the PCCM entity’s compliance with the standards set forth in subpart D of 42 CFR part 438 and the quality assessment and performance improvement requirements described in 42 CFR 438.330. (42 CFR 457.1250(a), cross referencing to 438.358(b)(2))
3.12.5.3 External Quality Review Report Guidance: All states with MCOs, PIHPs, PAHPs, PCCMs or PCCM entities need to complete Sections 3.12.5.3. 3.12.5.3.1 The State assures that data obtained from the mandatory and
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-55
Effective Date: [07/01/2021]
55 Approval Date: 07/26/22 optional, if applicable, EQR-related activities in 42 CFR 438.358 is used for the annual EQR to comply with 42 CFR 438.350 and must include, at a minimum, the elements in §438.364(a)(2)(i) through (iv). (42 CFR 457.1250(a), cross referencing to 42 CFR 438.358(a)(2))
3.12.5.3.2 The State assures that only a qualified EQRO will produce the EQR technical report (42 CFR 438.364(c)(1)).
3.12.5.3.3 The State assures that in order for the qualified EQRO to perform an annual EQR for each contracting MCO, PIHP, PAHP or PCCM entity under 42 CFR 438.350(a) that the following conditions are met: The EQRO has sufficient information to use in performing the review; The information used to carry out the review must be obtained from the EQR-related activities described in 42 CFR 438.358 and, if applicable, from a private accreditation review as described in 42 CFR 438.360; For each EQR-related activity (mandatory or optional), the information gathered for use in the EQR must include the elements described in 42 CFR 438.364(a)(2)(i) through (iv); and The information provided to the EQRO in accordance with 42 CFR 438.350(b) is obtained through methods consistent with the protocols established by the Secretary in accordance with 42 CFR 438.352. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.350(b) through (e)) 3.12.5.3.4 The State assures that the results of the reviews performed by a qualified EQRO of each contracting MCO, PIHP, PAHP, and PCCM entity are made available as specified in 42 CFR 438.364 in an annual detailed technical report that summarizes findings on access and quality of care. The report includes at least the following items: A description of the manner in which the data from all activities conducted in accordance with 42 CFR 438.358 were aggregated and analyzed, and conclusions were drawn as to the quality, timeliness, and access to the care furnished by the MCO, PIHP, PAHP, or PCCM entity (described in 42 CFR 438.310(c)(2)); For each EQR-related activity (mandatory or optional)
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-56
Effective Date: [07/01/2021]
56 Approval Date: 07/26/22 conducted in accordance with 42 CFR 438.358: o Objectives; o Technical methods of data collection and analysis; o Description of data obtained, including validated performance measurement data for each activity conducted in accordance with 42 CFR 438.358(b)(1)(i) and (ii); and o Conclusions drawn from the data; An assessment of each MCO’s, PIHP’s, PAHP’s, or PCCM entity’s strengths and weaknesses for the quality, timeliness, and access to health care services furnished to CHIP beneficiaries; Recommendations for improving the quality of health care services furnished by each MCO, PIHP, PAHP, or PCCM entity, including how the State can target goals and objectives in the quality strategy, under 42 CFR 438.340, to better support improvement in the quality, timeliness, and access to health care services furnished to CHIP beneficiaries; Methodologically appropriate, comparative information about all MCOs, PIHPs, PAHPs, and PCCM entities, consistent with guidance included in the EQR protocols issued in accordance with 42 CFR 438.352(e); and An assessment of the degree to which each MCO, PIHP, PAHP, or PCCM entity has addressed effectively the recommendations for quality improvement made by the EQRO during the previous year’s EQR. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.350(f) and 438.364(a)) 3.12.5.3.5 The State assures that it does not substantively revise the content of the final EQR technical report without evidence of error or omission. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(b)) 3.12.5.3.6 The State assures that it finalizes the annual EQR technical report by April 30 of each year. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(c)(1)) 3.12.5.3.7 The State assures that it posts the most recent copy of the annual EQR technical report on the Web site required under 42 CFR 438.10(c)(3) by April 30th of each year. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(c)(2)(i))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-57
Effective Date: [07/01/2021]
57 Approval Date: 07/26/22 3.12.5.3.8 The State assures that it provides printed or electronic copies of the information specified in 42 CFR 438.364(a) for the annual EQR technical report, upon request, to interested parties such as participating health care providers, enrollees and potential enrollees of the MCO, PIHP, PAHP, or PCCM, beneficiary advocacy groups, and members of the general public. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(c)(2)(ii)) 3.12.5.3.9 The State assures that it makes the information specified in 42 CFR 438.364(a) for the annual EQR technical report available in alternative formats for persons with disabilities, when requested. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(c)(3)) 3.12.5.3.10 The State assures that information released under 42 CFR 438.364 for the annual EQR technical report does not disclose the identity or other protected health information of any patient. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(d))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-58
Effective Date: [07/01/2021]
58 Approval Date: 07/26/22 Section 4. Eligibility Standards and Methodology
Guidance: States electing to use funds provided under Title XXI only to provide expanded eligibility under the State’s Medicaid plan or combination plan should check the appropriate box and provide the ages and income level for each eligibility group. If the State is electing to take up the option to expand Medicaid eligibility as allowed under section 214 of CHIPRA regarding lawfully residing, complete section 4.1-LR as well as update the budget to reflect the additional costs if the state will claim title XXI match for these children until and if the time comes that the children are eligible for Medicaid.
4.0.
Medicaid Expansion
4.0.1. Ages of each eligibility group and the income standard for that group:
Please see approved template effective January 1, 2014: CS3 (Eligibility for Medicaid Expansion Program).
4.1.
Separate Program Check all standards that will apply to the State plan. (42 CFR 457.305(a) and 457.320(a)) Please see approved template effective January 1, 2014: CS7 (Eligibility – Targeted Low-Income Children).
4.1.0 Describe how the State meets the citizenship verification requirements. Include whether or not State has opted to use SSA verification option.
Please see approved template effective January 1, 2014: CS18 (Non-Financial Eligibility - Citizenship).
4.1.1 Geographic area served by the Plan if less than Statewide:
Statewide.
4.1.2 Ages of each eligibility group, including unborn children and pregnant women (if applicable) and the income standard for that group:
See SPA pages CS7 and CS9 for age standards under the CHIP State Plan.
Uninsured children from birth through age 18, from >143% through 200% FPL, are served in Virginia’s standalone CHIP program, Family Access to Medical Insurance Security (FAMIS).
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-59
Effective Date: [07/01/2021]
59 Approval Date: 07/26/22
Virginia offers the FAMIS MOMS program for pregnant women (through 60 days postpartum), through a CHIP 1115 demonstration waiver. FAMIS MOMS covers uninsured low-income pregnant women up to 200% FPL who do not qualify for Medicaid.
Effective July 1, 2021, under the unborn child option, called FAMIS Prenatal, Virginia’s separate CHIP program covers uninsured pregnant women with incomes from 0-200% FPL not otherwise eligible for Medicaid, FAMIS, or FAMIS MOMS, regardless of immigration status requirements.
4.1.2.1-PC Age: through birth (SHO #02-004, issued November 12, 2002)
4.1.3 Income of each separate eligibility group (if applicable):
See SPA pages CS7 and CS9 for income standards under the CHIP State Plan.
4.1.3.1-PC 0% of the FPL (and not eligible for Medicaid) through % of the FPL (SHO #02-004, issued November 12, 2002)
4.1.4 Resources of each separate eligibility group (including any standards relating to spend downs and disposition of resources):
4.1.5 Residency (so long as residency requirement is not based on length of time in state):
Eligible persons must be Virginia residents. See approved template effective January 1, 2014: CS17 (Non-financial Eligibility – Residency).
4.1.6 Disability Status (so long as any standard relating to disability status does not restrict eligibility):
4.1.7 Access to or coverage under other health coverage:
Please see approved template effective January 1, 2014: CS7 (Eligibility – Targeted Low-Income Children).
4.1.8 Duration of eligibility, not to exceed 12 months:
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-60
Effective Date: [07/01/2021]
60 Approval Date: 07/26/22
Effective 08-01-03, for FAMIS children from birth up to age 19, enrollment is for 12 months, unless one of the following events occurs before the annual renewal: 1) an increase in gross monthly income to above 200% FPL; 2) a child moves out of state; 3) a child turns age 19; 4) the family requests cancellation; or 5) the family reports a change and the child is determined eligible for Medicaid. Families must report the following changes before the annual renewal: 1) an increase in gross monthly income or change in family size resulting in a family income above 200% FPL or 2) an enrolled child moving out of the Commonwealth of Virginia. If none of the above changes is reported, eligibility will be renewed annually.
Please see approved template effective October 1, 2013: CS24 (Eligibility Process). See SPA page CS27 for a description of continuous eligibility for the FAMIS Prenatal population.
4.1.9 Other Standards- Identify and describe other standards for or affecting eligibility, including those standards in 457.310 and 457.320 that are not addressed above. For instance:
Guidance: States may only require the SSN of the child who is applying for coverage. If SSNs are required and the State covers unborn children, indicate that the unborn children are exempt from providing a SSN. Other standards include, but are not limited to presumptive eligibility and deemed newborns.
Children are eligible for FAMIS coverage as of the first day of the month in which a completed application is received at either the local department of social services in the locality where the child resides or electronically or telephonically through Cover Virginia. Effective 08-01-06, if a child enrolled in FAMIS is born within the three months prior to the month in which a signed application is received, coverage is effective retroactive to their date of birth if they would have met all eligibility criteria during that time. Children are not eligible for FAMIS if (1) they are an inmate of a public institution, (2) they are an inpatient in an institution for mental disease, or (3) their parent or other authorized representative does not meet the requirements on assignment of rights to benefits or cooperation with the agency in identifying and providing information to assist the Commonwealth in pursuing any liable third party.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-61
Effective Date: [07/01/2021]
61 Approval Date: 07/26/22 As of January 1, 2015, dependents of state employees able to access employer-sponsored dependent health insurance coverage under a Virginia state employee health insurance plan are eligible to enroll in FAMIS, if they otherwise qualify. See approved template effective January 1, 2015: CS10 (Eligibility – Children Who Have Access to Public Employee Coverage). The Commonwealth performed an analysis of public employee coverage costs and confirms that the previously approved Hardship Exception still applies. See attachment, Hardship Exception Analysis 2021-22. See approved templates effective January 1, 2014: CS13 (Eligibility - Deemed Newborns); CS19 (Non Financial - Social Security Number); and CS23 (Other Eligibility Standards). Effective July 1, 2021, the Commonwealth provides coverage through the unborn child option for uninsured pregnant women with income up to and including 200% FPL who are not otherwise eligible for Medicaid, FAMIS, or FAMIS MOMS, regardless of immigration status requirements. The household for this coverage will be based on the pregnant woman, and the “unborn child” or children will be counted as if born and living with the mother in determining household size.
4.1.9.1
States should specify whether Social Security Numbers (SSN) are required.
Please see approved template effective January 1, 2014: CS19 (Non- Financial - Social Security Number).
Guidance: States should describe their continuous eligibility process and populations that can be continuously eligible.
4.1.9.2 Continuous eligibility
See SPA page CS27 for a description of continuous eligibility for the unborn child population (i.e., FAMIS Prenatal).
4.1-PW
Pregnant Women Option (section 2112)- The State includes eligibility for one or more populations of targeted low-income pregnant women under the plan. Describe the population of pregnant women that the State proposes to cover in this section. Include all eligibility criteria, such as those described in the above categories (for instance, income and resources) that will be applied to this population. Use the same reference number system for those criteria (for example, 4.1.1-P for a geographic restriction). Please remember to update sections 8.1.1-PW, 8.1.2-PW, and 9.10 when
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-62
Effective Date: [07/01/2021]
62 Approval Date: 07/26/22 electing this option.
Guidance: States have the option to cover groups of “lawfully residing” children and/or pregnant women. States may elect to cover (1) “lawfully residing” children described at section 2107(e)(1)(J) of the Act; (2) “lawfully residing” pregnant women described at section 2107(e)(1)(J) of the Act; or (3) both. A state electing to cover children and/or pregnant women who are considered lawfully residing in the U.S. must offer coverage to all such individuals who meet the definition of lawfully residing, and may not cover a subgroup or only certain groups. In addition, states may not cover these new groups only in CHIP, but must also extend the coverage option to Medicaid. States will need to update their budget to reflect the additional costs for coverage of these children. If a State has been covering these children with State only funds, it is helpful to indicate that so CMS understands the basis for the enrollment estimates and the projected cost of providing coverage. Please remember to update section 9.10 when electing this option.
4.1- LR
Lawfully Residing Option (Sections 2107(e)(1)(J) and 1903(v)(4)(A); (CHIPRA # 17, SHO # 10-006 issued July 1, 2010) Check if the State is electing the option under section 214 of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA) regarding lawfully residing to provide coverage to the following otherwise eligible pregnant women and children as specified below who are lawfully residing in the United States including the following: A child or pregnant woman shall be considered lawfully present if he or she is: (1) A qualified alien as defined in section 431 of PRWORA (8 U.S.C. §1641); (2) An alien in nonimmigrant status who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission; (3) An alien who has been paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. §1182(d)(5)) for less than 1 year, except for an alien paroled for prosecution, for deferred inspection or pending removal proceedings; (4) An alien who belongs to one of the following classes: (i) Aliens currently in temporary resident status pursuant to section 210 or 245A of the INA (8 U.S.C. §§1160 or 1255a, respectively); (ii) Aliens currently under Temporary Protected Status (TPS) pursuant to section 244 of the INA (8 U.S.C. §1254a), and pending applicants for TPS who have been granted employment authorization; (iii) Aliens who have been granted employment authorization under 8 CFR 274a.12(c)(9), (10), (16), (18), (20), (22), or (24);
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-63
Effective Date: [07/01/2021]
63 Approval Date: 07/26/22 (iv) Family Unity beneficiaries pursuant to section 301 of Pub. L. 101- 649, as amended; (v) Aliens currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President; (vi) Aliens currently in deferred action status; or (vii) Aliens whose visa petition has been approved and who have a pending application for adjustment of status; (5) A pending applicant for asylum under section 208(a) of the INA (8 U.S.C. § 1158) or for withholding of removal under section 241(b)(3) of the INA (8 U.S.C. § 1231) or under the Convention Against Torture who has been granted employment authorization, and such an applicant under the age of 14 who has had an application pending for at least180 days; (6) An alien who has been granted withholding of removal under the Convention Against Torture; (7) A child who has a pending application for Special Immigrant Juvenile status as described in section 101(a)(27)(J) of the INA (8 U.S.C. §1101(a)(27)(J)); (8) An alien who is lawfully present in the Commonwealth of the Northern Mariana Islands under 48 U.S.C. § 1806(e); or (9) An alien who is lawfully present in American Samoa under the immigration laws of American Samoa.
Elected for pregnant women. Please refer to CHIP 1115 Demonstration amendment Elected for children under age 19
Please see template CS18 (Citizenship).
4.1.1-LR The State provides assurance that for an individual whom it enrolls in Medicaid under the CHIPRA Lawfully Residing option, it has verified, at the time of the individual’s initial eligibility determination and at the time of the eligibility redetermination, that the individual continues to be lawfully residing in the United States. The State must first attempt to verify this status using information provided at the time of initial application. If the State cannot do so from the information readily available, it must require the individual to provide documentation or further evidence to verify satisfactory immigration status in the same manner as it would for anyone else claiming satisfactory immigration status under section 1137(d) of the Act.
4.1-DS
Supplemental Dental (Section 2103(c)(5) - A child who is eligible to enroll in dental-
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-64
Effective Date: [07/01/2021]
64 Approval Date: 07/26/22 only supplemental coverage, effective January 1, 2009. Eligibility is limited to only targeted low-income children who are otherwise eligible for CHIP but for the fact that they are enrolled in a group health plan or health insurance offered through an employer. The State’s CHIP plan income eligibility level is at least the highest income eligibility standard under its approved State child health plan (or under a waiver) as of January 1, 2009. All who meet the eligibility standards and apply for dental-only supplemental coverage shall be provided benefits. States choosing this option must report these children separately in SEDS. Please update sections 1.1-DS, 4.2-DS, and 9.10 when electing this option.
4.2. Assurances The State assures by checking the box below that it has made the following findings with respect to the eligibility standards in its plan: (Section 2102(b)(1)(B) and 42 CFR 457.320(b))
4.2.1. These standards do not discriminate on the basis of diagnosis.
4.2.2. Within a defined group of covered targeted low-income children, these
standards do not cover children of higher income families without covering
children with a lower family income. This applies to pregnant women
included in the State plan as well as targeted low-income children.
4.2.3. These standards do not deny eligibility based on a child having a pre-
existing medical condition. This applies to pregnant women as well as
targeted low-income children.
4.2-DS Supplemental Dental - Please update sections 1.1-DS, 4.1-DS, and 9.10 when electing this option. For dental-only supplemental coverage, the State assures that it has made the following findings with standards in its plan: (Section 2102(b)(1)(B) and 42 CFR 457.320(b))
4.2.1-DS These standards do not discriminate on the basis of diagnosis.
4.2.2-DS Within a defined group of covered targeted low-income children, these
standards do not cover children of higher income families without
covering children with a lower family income.
4.2.3-DS These standards do not deny eligibility based on a child having a pre-
existing medical condition.
4.3. Methodology. Describe the methods of establishing and continuing eligibility and enrollment. The description should address the procedures for applying the eligibility standards, the organization and infrastructure responsible for making and reviewing eligibility determinations, and the process for enrollment of individuals receiving covered services, and whether the State uses the same application form for Medicaid and/or other public benefit programs. (Section 2102)(b)(2)) (42CFR, 457.350)
Prior to October 2013, Virginia had a single child health insurance application form. Effective October 1, 2013, Virginia began accepting the new MAGI single
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-65
Effective Date: [07/01/2021]
65 Approval Date: 07/26/22 streamlined application telephonically and electronically. This application is used for both the Medicaid and FAMIS programs.
Changes to the Medicaid and FAMIS eligibility methodology aligned with the federal open enrollment period of October 1, 2013. DMAS modified an existing contract with Xerox (now Conduent) to launch the Cover Virginia Call Center to accept the single streamlined application used to make determinations of eligibility and enrollment in all insurance affordability programs. This call center supports electronic and telephonic application and signature. The call center answers eligibility and covered services questions for the general Medicaid and FAMIS population. The Cover Virginia website (www.coverva.org) went live to provide users a self-directed eligibility screener, based on MAGI methodologies, and a link to an online application.
Beginning with renewals due in April 2014, FAMIS cases were converted monthly into the new eligibility system, renewed by the LDSS where the child resides, and maintained by the LDSS where the child resides. Steps were taken in 2014 to bring up a new Central Processing Unit function through Cover Virginia, using the state’s new eligibility system for determinations of eligibility for MAGI cases. This process is monitored by co-located state staff. Cover Virginia now processes telephonic and FFM applications.
FAMIS and Medicaid cases are reviewed annually to determine continued eligibility. At the time of redetermination and/or renewal, a child found ineligible for either Medicaid or FAMIS will have his eligibility automatically determined in the other program. The ex parte renewal process is used for the majority of Medicaid and FAMIS MAGI cases. In instances where that is not possible, the family is mailed a pre-filled renewal packet with instructions to either call Cover Virginia or go to CommonHelp (state online portal) to complete their renewal or review and return the paper document to their local department of social services.
No Entitlement: In accordance with § 2102(b)(4) of the Social Security Act and § 32.1-353 of the Code of Virginia, the Family Access to Medical Insurance Security Plan shall not create any individual entitlement for payment of medical services or any right or entitlement to participation.
Beginning January 1, 2020, in the event of a federally-declared or Governor- declared disaster and at the Commonwealth’s discretion:
(1) Requirements related to timely processing of applications may be temporarily waived for FAMIS applicants who reside and/or work in the State or federally
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STATE: Virginia Page 3-66
Effective Date: [07/01/2021]
66 Approval Date: 07/26/22 declared disaster area.
(2) Requirements related to timely processing of renewals and/or deadlines for families to respond to renewal requests may be temporarily waived for FAMIS beneficiaries who reside and/or work in a State or federally-declared disaster area.
(3) Requirements related to timely processing changes in circumstances may be temporarily waived for FAMIS beneficiaries who reside and/or work in a State or federally declared disaster area. The Commonwealth will continue to act on changes in circumstance related to residency, death, voluntary termination of coverage, erroneous eligibility determinations, and becoming eligible for Medicaid.
(4) The Agency may provide for an extension of the reasonable opportunity period for noncitizens declaring to be in satisfactory immigration status, if the noncitizen is making a good faith effort to resolve any inconsistencies or obtain any necessary documentation, or the agency is unable to complete the verification process within the 90-day reasonable opportunity period due to the State or federally-declared disaster or public health emergency.
DMAS will notify CMS in the event of a declared disaster and Virginia’s intent to implement one or more of these policy modifications. The CMS notification will include the intent to modify the application and/or renewal processes, the areas affected by the disaster, and the effective dates of the policy modification. The next twelve-month continuous eligibility period will begin the month after the renewal completion date.
Please see the approved template CS24 and associated attachments. See also approved templates effective January 1, 2014: CS13 (Deemed Newborns) and CS15 (MAGI-Based Income Methodologies).
Guidance: The box below should be checked as related to children and pregnant women. Please note: A State providing dental-only supplemental coverage may not have a waiting list or limit eligibility in any way.
4.3.1. Limitation on Enrollment Describe the processes, if any, that a State will use for instituting enrollment caps, establishing waiting lists, and deciding which children will be given priority for enrollment. If this section does not apply to your state, check the box below. (Section 2102(b)(2)) (42CFR, 457.305(b))
Check here if this section does not apply to your State.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-67
Effective Date: [07/01/2021]
67 Approval Date: 07/26/22
Guidance: Note that for purposes of presumptive eligibility, States do not need to verify the citizenship status of the child. States electing this option should indicate so in the State plan. (42 CFR 457.355)
4.3.2. Check if the State elects to provide presumptive eligibility for children that meets the requirements of section 1920A of the Act. (Section 2107(e)(1)(L)); (42 CFR 457.355)
Guidance: Describe how the State intends to implement the Express Lane option. Include information on the identified Express Lane agency or agencies, and whether the State will be using the Express Lane eligibility option for the initial eligibility determinations, redeterminations, or both.
4.3.3-EL Express Lane Eligibility Check here if the state elects the option to rely on a finding from an Express Lane agency when determining whether a child satisfies one or more components of CHIP eligibility. The state agrees to comply with the requirements of sections 2107(e)(1)(E) and 1902(e)(13) of the Act for this option. Please update sections 4.4-EL, 5.2-EL, 9.10, and 12.1 when electing this option. This authority may not apply to eligibility determinations made before February 4, 2009, or after September 30, 2013. (Section 2107(e)(1)(E))
4.3.3.1-EL Also indicate whether the Express Lane option is applied to (1) initial eligibility determination, (2) redetermination, or (3) both.
4.3.3.2-EL List the public agencies approved by the State as Express Lane agencies.
4.3.3.3-EL List the components/components of CHIP eligibility that are determined under the Express Lane. In this section, specify any differences in budget unit, deeming, income exclusions, income disregards, or other methodology between CHIP eligibility determinations for such children and the determination under the Express Lane option.
4.3.3.3-EL List the component/components of CHIP eligibility that are determined under the Express Lane.
4.3.3.4-EL Describe the option used to satisfy the screen and enrollment requirements before a child may be enrolled under title XXI.
Guidance: States should describe the process they use to screen and enroll children required under section 2102(b)(3)(A) and (B) of the Social Security Act and 42 CFR
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-68
Effective Date: [07/01/2021]
68 Approval Date: 07/26/22 457.350(a) and 457.80(c). Describe the screening threshold set as a percentage of the Federal poverty level (FPL) that exceeds the highest Medicaid income threshold applicable to a child by a minimum of 30 percentage points. (NOTE: The State may set this threshold higher than 30 percentage points to account for any differences between the income calculation methodologies used by an Express Lane agency and those used by the State for its Medicaid program. The State may set one screening threshold for all children, based on the highest Medicaid income threshold, or it may set more than one screening threshold, based on its existing, age-related Medicaid eligibility thresholds.) Include the screening threshold(s) expressed as a percentage of the FPL, and provide an explanation of how this was calculated. Describe whether the State is temporarily enrolling children in CHIP, based on the income finding from an Express Lane agency, pending the completion of the screen and enroll process.
In this section, states should describe their eligibility screening process in a way that addresses the five assurances specified below. The State should consider including important definitions, the relationship with affected Federal, State and local agencies, and other applicable criteria that will describe the State’s ability to make assurances. (Sections 2102(b)(3)(A) and 2110(b)(2)(B)), (42 CFR 457.310(b)(2), 42CFR 457.350(a)(1) and 457.80(c)(3))
4.4. Eligibility screening and coordination with other health coverage programs States must describe how they will assure that:
4.4.1. Only targeted low-income children who are ineligible for Medicaid or not covered under a group health plan or health insurance (including access to a State health benefits plan) are furnished child health assistance under the plan. (Sections 2102(b)(3)(A), 2110(b)(2)(B)) (42 CFR 457.310(b), 42 CFR 457.350(a)(1) and 42 CFR 457.80(c)(3)) Confirm that the State does not apply a waiting period for pregnant women.
Please see template CS24 and associated attachments.
The application asks for employer information and whether children currently have health insurance. The screening question regarding access to state employee insurance was removed in accordance with the January 2015 policy change. All applications for child health insurance coverage are screened for completeness of information, the presence of other health insurance, verification of income, and Medicaid eligibility. Beginning January 1, 2014, children who will lose Medicaid due to changes in income at their first renewal applying MAGI standards will be provided coverage under FAMIS. See template CS14 (Eligibility – Children Ineligible for
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-69
Effective Date: [07/01/2021]
69 Approval Date: 07/26/22 Medicaid as a Result of the Elimination of Income Disregards). Those children with employer-sponsored or private insurance have the option to enroll in the FAMIS Select program (administered through a CHIP Section 1115 demonstration), to avoid termination at their next annual eligibility review.
4.4.2. Children found through the screening process to be potentially eligible for medical assistance under the State Medicaid plan are enrolled for assistance under such plan; (Section 2102(b)(3)(B)) (42CFR 457.350(a)(2))
A single streamlined application and process facilitates eligibility determination and enrollment of children in the appropriate program, either Medicaid or FAMIS.
4.4.3. Children found through the screening process to be ineligible for Medicaid are enrolled in CHIP; (Sections 2102(a)(1) and (2) and 2102(c)(2)) (42 CFR 431.636(b)(4))
A single streamlined application and process facilitates eligibility determination and enrollment of children in the appropriate program, either Medicaid or FAMIS.
4.4.4. The insurance provided under the State child health plan does not substitute for coverage under group health plans. (Section 2102(b)(3)(C)) (42 CFR 457.805)
Only uninsured children shall be eligible for FAMIS. The single streamlined application requests information on health insurance coverage the child may have.
DMAS will conduct a focused survey of applicants every five years to determine the percentage of enrollees who have dropped employer- based health insurance for enrollment in FAMIS. See template effective July 2014: CS20 (Substitution of Coverage). Assignment of rights to medical support is a condition of eligibility.
4.4.4.1. (formerly 4.4.4.4) If the State provides coverage under a premium assistance program, describe: 1) the minimum period without coverage under a group health plan. This should include any allowable exceptions to the waiting period; 2) the expected minimum level of contribution employers will make; and 3) how cost-effectiveness is
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-70
Effective Date: [07/01/2021]
70 Approval Date: 07/26/22 determined. (42 CFR 457.810(a)-(c))
Virginia’s CHIP premium assistance program, FAMIS Select, is administered through a Section 1115 demonstration.
4.4.5. Child health assistance is provided to targeted low-income children in the State who are American Indian and Alaska Native. (Section 2102(b)(3)(D)) (42 CFR 457.125(a))
American Indian and Alaska Native children are eligible for FAMIS on the same basis as any other children in the Commonwealth, and are served statewide by Marketing and Outreach efforts. At this time Virginia has seven federally recognized Indian tribes. No cost sharing is imposed on American Indian and Alaska Native children.
Guidance: When the State is using an income finding from an Express Lane agency, the State must still comply with screen and enroll requirements before enrolling children in CHIP. The State may either continue its current screen and enroll process, or elect one of two new options to fulfill these requirements.
4.4-EL The State should designate the option it will be using to carry out screen and enroll
requirements:
The State will continue to use the screen and enroll procedures required under section 2102(b)(3)(A) and (B) of the Social Security Act and 42 CFR 457.350(a) and 42 CFR 457.80(c). Describe this process.
The State is establishing a screening threshold set as a percentage of the Federal poverty level (FPL) that exceeds the highest Medicaid income threshold applicable to a child by a minimum of 30 percentage points. (NOTE: The State may set this threshold higher than 30 percentage points to account for any differences between the income calculation methodologies used by the Express Lane agency and those used by the State for its Medicaid program. The State may set one screening threshold for all children, based on the highest Medicaid income threshold, or it may set more than one screening threshold, based on its existing, age-related Medicaid eligibility thresholds.) Include the screening threshold(s) expressed as a percentage of the FPL, and provide an explanation of how this was calculated.
The State is temporarily enrolling children in CHIP, based on the income finding from the Express Lane agency, pending the completion of the screen
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 3-71
Effective Date: [07/01/2021]
71 Approval Date: 07/26/22 and enroll process.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-72
Effective Date: [07/01/2021]
72 Approval Date: 07/26/22 Section 5. Outreach and Coordination
5.1. (formerly 2.2) Describe the current State efforts to provide or obtain creditable health coverage for uninsured children by addressing sections 5.1.1 and 5.1.2. (Section 2102(a)(2)) (42 CFR 457.80(b))
Guidance: The information below may include whether the state elects express lane eligibility and a description of the State’s outreach efforts through Medicaid and state-only programs.
5.1.1. (formerly 2.2.1.) The steps the State is currently taking to identify and enroll all uninsured children who are eligible to participate in public health insurance programs (i.e., Medicaid and state-only child health insurance):
Prior to October 1, 2013, determinations of eligibility for the state child health insurance program, the Family Access to Medical Insurance Security (FAMIS) Plan (Title XXI), were completed at a Central Processing Unit or Local Department of Social Services (LDSS). The Central Processing Unit screened applicants for Medicaid eligibility prior to completing a FAMIS eligibility determination. LDSS determines eligibility for Medicaid first and then determines FAMIS eligibility for children denied Medicaid due to excess income. Families may apply by mail, by phone, fax or web; there is no requirement for a face-to-face interview.
In addition, many community groups have trained volunteers to help parents of potential Medicaid (Title XIX) and FAMIS (Title XXI) eligible individuals by answering questions and helping to complete applications and gather verifications needed to process cases.
Effective October 1, 2013, DMAS launched the Cover Virginia Call Center. This call center accepts the new MAGI single streamlined application and signature by telephone. At the same time, the existing Central Processing Unit stopped handling new applications for FAMIS. The call center answered eligibility and covered services questions for the general Medicaid and FAMIS population. The Cover Virginia website (www.coverva.org) also went live to provide users a self-directed eligibility screener, based on MAGI methodologies, and a link to an online application.
FAMIS provides comprehensive health benefits for children from birth through age 18 who are not covered under health insurance. Effective July 3, 2014, children no longer need a four-month uninsured waiting period to be eligible for FAMIS. Effective January 1, 2015, dependents of state employees who have access to subsidized health insurance may enroll in FAMIS. The application addresses specific questions about other current health insurance coverage.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-73
Effective Date: [07/01/2021]
73 Approval Date: 07/26/22
In April 2015, Cover Virginia began processing and determining eligibility for telephonic applications, again functioning as a Central Processing Unit. A family may contact Cover Virginia by phone or online to apply. Additionally, a paper application can be completed, signed, and returned via mail or fax to LDSS for determination of eligibility for Medicaid and FAMIS.
Expenditures for children who meet Medicaid eligibility criteria are claimed at the Commonwealth’s regular Medicaid FMAP. Effective 9/01/02, the Commonwealth began claiming enhanced funding for optional targeted low-income children who qualify under the Medicaid expansion. Expenditures for the children determined eligible under the Family Access to Medical Insurance Security Plan are claimed at the State’s enhanced FMAP.
No Entitlement: In accordance with § 2102(b)(4) of the Social Security Act (42 U.S.C. § 1397bb(b)(4)) and § 32.1-353 of the Code of Virginia, the Family Access to Medical Insurance Security Plan shall not create any individual entitlement for payment of medical services or any right or entitlement to participation.
Guidance: The State may address the coordination between the public-private outreach and the public health programs that is occurring statewide. This section will provide a historic record of the steps the State is taking to identify and enroll all uninsured children from the time the State’s plan was initially approved. States do not have to rewrite his section but may instead update this section as appropriate.
5.1.2. (formerly 2.2.2.) The steps the State is currently taking to identify and enroll all uninsured children who are eligible to participate in health insurance programs that involve a public-private partnership:
DMAS continues to work closely with its public/private contractor, the Virginia Health Care Foundation (VHCF), in coordinating local outreach efforts. Through VHCF, DMAS funds a number of community outreach organizations that provide FAMIS outreach and application assistance to families in underserved regions of the state. DMAS also provides funding to VHCF to administer the SignUpNow training workshops series, which trains community organizations and individuals who wish to assist families with the enrollment process.
Guidance: The State should describe below how its Title XXI program will closely coordinate the enrollment with Medicaid because under Title XXI, children identified as Medicaid- eligible are required to be enrolled in Medicaid. Specific information related to Medicaid screen and enroll procedures is requested in Section 4.4. (42 CFR 457.80(c))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-74
Effective Date: [07/01/2021]
74 Approval Date: 07/26/22
5.2. (formerly 2.3) Describe how CHIP coordinates with other public and private health insurance programs, other sources of health benefits coverage for children, other relevant child health programs (such as title V), that provide health care services for low-income children to increase the number of children with creditable health coverage. (Section 2102(a)(3), 2102(b)(3)(E) and 2102(c)(2) (42 CFR 457.80(c)). This item requires a brief overview of how Title XXI efforts – particularly new enrollment outreach efforts – will be coordinated with and improve upon existing State efforts.
The FAMIS program coordinates with the Virginia Department of Health, including Children’s Specialty Services and the Maternal and Child Health programs, with State teaching hospitals serving indigent families, and with local government health delivery programs which serve low income children. The Commonwealth’s goal is to provide all targeted low-income children with an accessible and comprehensive system of care that secures a medical home for children. This coordination is directed to ensuring that FAMIS does not supplant or replace existing programs. Rather, the goal of coordination is the close cooperation between these programs to enhance the health care resources available to low income children. DMAS, the single state agency that administers the Medicaid program, also administers FAMIS. Virginia ensures that the plan is closely coordinated with Medicaid in identifying and facilitating enrollment in the respective programs.
DMAS is responsible for the coordination of outreach and education efforts for all children whether they qualify for Medicaid or for FAMIS. Community-based organizations participating in this effort inform families about the programs and assist them with applying. The Cover Virginia Call Center provides customer service, assists callers with program information, selection of a managed care organization, and referrals to other sources of care if not eligible. Public programs that have established networks serving families who would meet either FAMIS or Medicaid’s income eligibility requirements are used as a resource in reaching eligible children.
In addition, through its many other committees comprised of non-agency membership (e.g., Board of Directors, Managed Care Advisory Committee, Provider Advisory Council, CHIP Advisory Committee), DMAS solicits input and advice from public and private entities on its programs.
5.2-EL The State should include a description of its election of the Express Lane eligibility option to provide a simplified eligibility determination process and expedited enrollment of eligible children into Medicaid or CHIP.
Guidance: Outreach strategies may include, but are not limited to, community outreach workers, outstationed eligibility workers, translation and transportation services, assistance with
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-75
Effective Date: [07/01/2021]
75 Approval Date: 07/26/22 enrollment forms, case management and other targeting activities to inform families of low-income children of the availability of the health insurance program under the plan or other private or public health coverage.
The description should include information on how the State will inform the target of the availability of the programs, including American Indians and Alaska Natives, and assist them in enrolling in the appropriate program.
5.3. Strategies. Describe the procedures used by the State to accomplish outreach to families of children likely to be eligible for child health assistance or other public or private health coverage to inform them of the availability of the programs, and to assist them in enrolling their children in such a program. (Section 2102(c)(1)) (42 CFR 457.90)
Pursuant to the 2004 amendment to § 32.1-351.2 of the Code of Virginia, DMAS has established the Children’s Health Insurance Program Advisory Committee (CHIPAC). The Committee consists of no more than 20 members and shall include membership from appropriate entities, as follows: one representative of the Joint Commission on Health Care, the Department of Social Services, the Department of Health, the Department of Education, the Department of Behavioral Health and Developmental Services, the Virginia Health Care Foundation, various provider associations and children’s advocacy groups; and other individuals with significant knowledge and interest in children’s health insurance. The Committee may report on the current status of FAMIS and FAMIS Plus and make recommendations as deemed necessary to the Director of the Department of Medical Assistance Services and the Secretary of Health and Human Resources. The Committee is staffed by DMAS Policy Planning and Innovation staff.
DMAS maintains Community Outreach staff to conduct statewide outreach, oversee campaigns, attend community events, sit on coalitions, and design and print flyers, brochures, posters, and other support materials in English and Spanish. This staff also oversees content for the Cover Virginia website and FAMIS and Cover Virginia Facebook pages and Twitter accounts. The marketing and outreach efforts promote FAMIS and Medicaid and may include the following:
Coordination with Other State Agencies -- Assistance is sought from other agencies, including Virginia’s Department of Education, Department of Health, and Department of Social Services to promote the program to potential new enrollees. Utilizing the highly successful annual Back to School Campaign in conjunction with the Free and Reduced School Lunch Program, school systems
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-76
Effective Date: [07/01/2021]
76 Approval Date: 07/26/22 are a primary vehicle for sending information home to parents about the FAMIS program. This campaign usually results in a 25% increase in applications during the month of September. In addition, State agencies are routinely educated and trained about the program, informed of any changes or new initiatives, and are provided with informational fact sheets, website links, and other materials.
Coordination with Other Community Based Organizations -- The Commonwealth actively encourages participation of a wide range of organizations including, but not limited to, those organizations that target high concentrations of uninsured children. DMAS has partnered with a network of Community Based Organizations (CBO) to promote and facilitate enrollment of children in the FAMIS and Medicaid programs. DMAS will continue to build coalitions and infrastructure at the state and local level that will provide awareness and application assistance in both FAMIS and Medicaid. DMAS continues to work closely with its contractor, the Virginia Health Care Foundation, in coordinating local outreach efforts through various CBO that have expertise in providing outreach and application assistance, including translation services to reach eligible families with limited English speaking abilities. All outreach materials are available in both English and Spanish. DMAS continues to provide these organizations with the support and tools needed to reach these families.
Coordination with the Business Community -- DMAS will contact Virginia businesses and business associations to request their cooperation in enrolling employees’ children, sponsorship opportunities, advertising partnerships, and support of the State’s child health insurance programs. These groups will be provided with materials outlining the importance and benefits of the program so that they can make informed decisions on their ability and level of participation.
Coordination with the Health Care Associations and Providers -- The Commonwealth partners with health care associations and requests their cooperation in performing outreach for Virginia’s child health insurance programs. Outreach information is provided to health care associations and health care providers so that they can distribute FAMIS and Medicaid information to their members.
Cover Virginia Call Center -- Effective since October 2013, the Commonwealth, through a contractor, provides a call center with a toll-free number that provides general program information, assists callers with completing new and renewal applications, documents reported changes in status, provides status updates on pending applications, and helps enrollees with selecting a MCO as needed. Online resources are available to support customer service representatives in assisting callers and making referrals to other programs. DMAS continues to coordinate
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 5-77
Effective Date: [07/01/2021]
77 Approval Date: 07/26/22 outreach efforts in conjunction with the call center and works to develop better outreach evaluation methods. The call center provides translation services for non-English-speaking callers in 148 of the most commonly spoken languages.
www.coverva.org -- This web site, in tandem with the Cover Virginia Call Center, provides program information as well as information about DMAS contracted MCOs. The site is a resource for consumers, navigators, and community partners. It provides information on eligibility, training for community partners who assist with enrollment, and an online portal where partners can order materials. The site provides an online eligibility screening tool using MAGI income methodologies, and if the user is found eligible, a link to the CommonHelp application. If the user is not eligible, information on other sources of care is available, as is a link to the FFM. The site is also a source of health information for populations served by public insurance.
FAMIS and Cover Virginia Facebook -- DMAS monitors and updates FAMIS and Cover Virginia Facebook and Cover Virginia Twitter accounts which were established to capitalize on social media as a method of communicating with applicants and enrollees. They serve as great tools for promoting current health- related messages to pregnant women and families with children.
The Commonwealth has not received any gifts or in-kind contributions from the business community to support the Commonwealth’s Child Health Insurance Program. Any gifts, donations, or in-kind contributions that have been provided have been given directly to the outreach efforts (as described above) or have been provided directly to the grantees providing/supporting the outreach efforts. As stated above, none of these funds are used to draw down the Title XXI federal match.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-78
Effective Date: [07/01/2021]
78 Approval Date: 07/26/22 Section 6. Coverage Requirements for Children’s Health Insurance
Check here if the State elects to use funds provided under Title XXI only to provide expanded eligibility under the State’s Medicaid plan and proceed to Section 7 since children covered under a Medicaid expansion program will receive all Medicaid covered services including EPSDT.
6.1. The state elects to provide the following forms of coverage to children: (Check all that apply.) (Section 2103(c)); (42 CFR 457.410(a))
6.1.1. Benchmark coverage; (Section 2103(a)(1) and 42 CFR 457.420) 6.1.1.1. FEHBP-equivalent coverage; (Section 2103(b)(1)) (42 CFR 457.420(a)) (If checked, attach copy of the plan.) 6.1.1.2. State employee coverage; (Section 2103(b)(2)) (If checked, identify the plan and attach a copy of the benefits description.) 6.1.1.3. HMO with largest insured commercial enrollment (Section 2103(b)(3)) (If checked, identify the plan and attach a copy of the benefits description.)
6.1.2. Benchmark-equivalent coverage; (Section 2103(a)(2) and 42 CFR 457.430) Specify the coverage, including the amount, scope and duration of each service, as well as any exclusions or limitations. Attach a signed actuarial report that meets the requirements specified in 42 CFR 457.431. See instructions.
6.1.3. Existing Comprehensive State-Based Coverage; (Section 2103(a)(3) and 42 CFR 457.440) This option is only applicable to New York, Florida, and Pennsylvania. Attach a description of the benefits package, administration, and date of enactment. If existing comprehensive state-based coverage is modified, provide an actuarial opinion documenting that the actuarial value of the modification is greater than the value as of August 5, 1997 or one of the benchmark plans. Describe the fiscal year 1996 state expenditures for existing comprehensive state-based coverage.
Guidance: Secretary-approved coverage refers to any other health benefits coverage deemed appropriate and acceptable by the Secretary upon application by a state. (Section 2103(a)(4)) (42 CFR 457.250)
6.1.4. Secretary-Approved Coverage. (Section 2103(a)(4)) (42 CFR 457.450) Guidance: Section 1905(r) of the Act defines EPSDT to require coverage of (1) any medically necessary screening, and diagnostic services, including
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-79
Effective Date: [07/01/2021]
79 Approval Date: 07/26/22 vision, hearing, and dental screening and diagnostic services, consistent with a periodicity schedule based on current and reasonable medical practice standards or the health needs of an individual child to determine if a suspected condition or illness exists; and (2) all services listed in section 1905(a) of the Act that are necessary to correct or ameliorate any defects and mental and physical illnesses or conditions discovered by the screening services, whether or not those services are covered under the Medicaid state plan. Section 1902(a)(43) of the Act requires that the State (1) provide and arrange for all necessary services, including supportive services, such as transportation, needed to receive medical care included within the scope of the EPSDT benefit and (2) inform eligible beneficiaries about the services available under the EPSDT benefit.
If the coverage provided does not meet all of the statutory requirements for EPSDT contained in sections 1902(a)(43) and 1905(r) of the Act, do not check this box.
6.1.4.1. Coverage of all benefits that are provided to children under the
Medicaid State plan, including Early Periodic Screening
Diagnosis and Treatment (EPSDT) 6.1.4.2. Comprehensive coverage for children under a Medicaid Section 1115 demonstration waiver 6.1.4.3. Coverage that the state has extended to the entire Medicaid
population
Guidance: Check below if the coverage offered includes benchmark coverage, as specified in § 457.420, plus additional coverage. Under this option, the State must clearly demonstrate that the coverage it provides includes the same coverage as the benchmark package, and also describes the services that are being added to the benchmark package.
6.1.4.4. Coverage that includes benchmark coverage plus additional coverage 6.1.4.5. Coverage that is the same as defined by existing comprehensive state-based coverage applicable only to New York, Pennsylvania, or Florida (under 457.440) 6.1.4.6. Coverage under a group health plan that is substantially equivalent to or greater than benchmark coverage through a benefit by benefit comparison (Please provide a sample of how the comparison will be done)
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-80
Effective Date: [07/01/2021]
80 Approval Date: 07/26/22 Guidance: Check below if the State elects to provide a source of coverage that is not described above. Describe the coverage that will be offered, including any benefit limitations or exclusions.
6.1.4.7. Other (Describe)
Secretary-approved coverage through a modified Title XIX look- alike (a fee-for-service component) is the coverage provided for newly eligible children on a temporary basis until they are enrolled in a MCO.
Secretary-approved coverage modeled after the state employee plan is the coverage provided for children enrolled in managed care. This plan is modeled after the Key Advantage Plan, which was the PPO option for state employees offered statewide in June 2000. Section 6.2 of the State Child Health Plan has been amended on occasion after its initial establishment to include additional benefits, beyond those originally offered in the 2000 Key Advantage Plan, for FAMIS children in managed care.
Guidance: All forms of coverage that the State elects to provide to children in its plan must be checked. The State should also describe the scope, amount and duration of services covered under its plan, as well as any exclusions or limitations. States that choose to cover unborn children under the State plan should include a separate section 6.2 that specifies benefits for the unborn child population. (Section 2110(a)) (42 CFR 457.490)
If the state elects to cover the new option of targeted low-income pregnant women, but chooses to provide a different benefit package for these pregnant women under the CHIP plan, the state must include a separate section 6.2 describing the benefit package for pregnant women. (Section 2112)
6.2. The state elects to provide the following forms of coverage to children: (Check all that apply. If an item is checked, describe the coverage with respect to the amount, duration and scope of services covered, as well as any exclusions or limitations) (Section 2110(a)) (42 CFR 457.490)
COVERED SERVICES FOR FAMIS CHILDREN
The FAMIS program has two separate health care services delivery systems and benefit packages.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-81
Effective Date: [07/01/2021]
81 Approval Date: 07/26/22 Newly enrolled children initially receive coverage in fee-for-service (FFS) on a temporary basis prior to enrollment in a managed care organization (MCO). During this period, FAMIS children receive the same benefits as the Medicaid state plan, including the Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefit.
FAMIS children enrolled in managed care receive Secretary-approved coverage modeled after the state employee benefit plan in effect in June 2000, Virginia’s Key Advantage State Employee Benefit Plan. Benefits offered under the managed care plans are summarized in the checklist below (6.2.1 - 6.2.31).
Behavioral health benefits are summarized separately in 6.2.1-BH – 6.2.31-BH, pursuant to the SUPPORT Act.
COVERED SERVICES FOR FAMIS PRENATAL (UNBORN CHILD POPULATION)
Effective July 1, 2021, Virginia provides coverage through the unborn child option for uninsured pregnant persons in households with income up to 200% FPL not otherwise eligible for Medicaid, FAMIS, or FAMIS MOMS, regardless of the pregnant individual’s immigration status. The FAMIS Prenatal program’s coverage is the same as that provided under the FAMIS MOMS CHIP 1115 Demonstration, which reflects the Medicaid state plan covered benefits for pregnant women, with the exception of long-term services and supports (LTSS). Benefits to the “unborn child” population are delivered through the same delivery and utilization control systems as those used for FAMIS MOMS. Pregnant persons who are receiving services under FAMIS Prenatal on the basis of the “unborn child” shall continue to be eligible to receive services through the end of the month in which the 60th postpartum day occurs, regardless of any subsequent changes in household income. FAMIS Prenatal enrollees are not eligible for the FAMIS Select premium assistance program.
Through Virginia’s Medicaid and CHIP managed care organizations (MCOs), DMAS utilizes bundled capitated payment arrangements for coverage of services including prenatal, labor and delivery, and postpartum services. Virginia considers all services delivered to the mother through managed care during the pregnancy through 60 days postpartum to support the health of the “unborn child” who at birth may be eligible as a targeted low-income child. Virginia’s comprehensive maternal health benefits plan in Medicaid and CHIP is based on a recognition that beyond traditional limited prenatal and postpartum services, the new mother’s access to full-scope health services substantially improves the newborn’s access to health care. Adequately addressing the birthing person’s
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-82
Effective Date: [07/01/2021]
82 Approval Date: 07/26/22 health needs in the critical postpartum period is essential to supporting the newborn’s physical, social, and emotional health.
Accordingly, DMAS claims CHIP federal financial participation (FFP) under this State Plan for managed care costs for the covered population through 60 days postpartum.
For FAMIS Prenatal participants who are not enrolled in managed care during the postpartum period, Virginia will utilize a Health Services Initiative as described in Section 2.2 to claim CHIP FFP for postpartum services paid through fee-for-service.
6.2.1. Inpatient services (Section 2110(a)(1))
365 days per confinement; includes ancillary services.
6.2.2. Outpatient services (Section 2110(a)(2))
Outpatient services include emergency services, surgical services, and professional provider services in a physician’s office or outpatient hospital department. Facility charge for outpatient department of a hospital or hospital emergency room, separate from physician or diagnostic services.
6.2.3. Physician services (Section 2110(a)(3))
Physician services include services while admitted in the hospital, or in a physician’s office, or outpatient hospital department.
6.2.4. Surgical services (Section 2110(a)(4))
Surgical services include services provided in Sections 6.2.1, 6.2.2, and 6.2.3.
6.2.5. Clinic services (including health center services) and other ambulatory health care services. (Section 2110(a)(5))
Clinic services include services provided in Sections 6.2.2 and 6.2.3.
6.2.6. Prescription drugs (Section 2110(a)(6))
Covered for outpatient prescription drugs. Mandatory generic
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-83
Effective Date: [07/01/2021]
83 Approval Date: 07/26/22 program.
6.2.7. Over-the-counter medications (Section 2110(a)(7))
Optional - May be covered at the discretion of the health plan.
6.2.8. Laboratory and radiological services (Section 2110(a)(8))
Outpatient diagnostic tests, x-rays, and laboratory services covered in a physician’s office, hospital, independent and clinical reference lab.
6.2.9. Prenatal care and pre-pregnancy family services and supplies (Section 2110(a)(9))
Maternity service including routine prenatal care is covered. Pre- pregnancy family services include coverage for prescription drugs and devices approved by the U.S. Food and Drug Administration for use as contraceptives. Contraceptive drugs and devices eligible for reimbursement are oral contraceptives, Depo-Provera, cervical caps, diaphragms, intrauterine devices and transdermal implants.
6.2.10. Durable medical equipment and other medically-related or remedial devices (such as prosthetic devices, implants, eyeglasses, hearing aids, dental devices, and adaptive devices). (Section 2110(a)(12)) Durable medical equipment, prosthetic devices, hearing aids, and eyeglasses are covered when medically necessary with certain limitations. 6.2.11. Disposable medical supplies. (Section 2110(a)(13))
Medically necessary disposable medical supplies provided in an inpatient or outpatient setting are covered.
Guidance: Home and community based services may include supportive services such as home health nursing services, home health aide services, personal care, assistance with activities of daily living, chore services, day care services, respite care services, training for family members, and minor modifications to the home.
6.2.12. Home and community-based health care services (Section 2110(a)(14))
Includes coverage of up to 90 visits per calendar year. Includes
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-84
Effective Date: [07/01/2021]
84 Approval Date: 07/26/22 nursing and personal care services, home health aides, physical therapy, occupational therapy, and speech, hearing, and inhalation therapy.
6.2.13. Nursing care services (Section 2110(a)(15))
Nurse practitioner services, nurse midwife services, and private duty nursing services are covered. Skilled nursing services provided for special education students are covered with limitations.
6.2.14. Abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. (Section 2110(a)(16)) Abortion only if necessary to save the life of the mother.
6.2.15. Dental services (Section 2110(a)(17)) States updating their dental benefits must complete 6.2-DC (CHIPRA # 7, SHO # #09-012 issued October 7, 2009) Coverage includes diagnostic, preventive, primary, prosthetic and complex restorative services. Coverage does not include routine bases under restorations. Coverage shall include full-banded orthodontics and related services to correct abnormal and correctable malocclusion for enrollees. Post-treatment stabilization retainers and follow-up visits are included in the orthodontic services. Effective 12/1/02, the benefit limits for orthodontic services increased to mirror Medicaid. 6.2.16. Vision screenings and services (Section 2110(a)(24))
6.2.17. Hearing screenings and services (Section 2110(a)(24))
6.2.18. Case management services (Section 2110(a)(20))
The State may elect to offer benefits for an approved, alternative treatment plan for a recipient who would otherwise require more expensive services. These services will be offered on a case-by-case basis. Effective October 1, 2011, targeted case management is provided by a certified Early Intervention Case Manager and reimbursed directly by DMAS for children from birth up to age three years who are in need of early intervention services.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-85
Effective Date: [07/01/2021]
85 Approval Date: 07/26/22
6.2.19. Care coordination services (Section 2110(a)(21))
6.2.20. Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders (Section 2110(a)(22))
Medically necessary services used to treat or promote recovery from an illness or injury are covered with limitations.
6.2.21. Hospice care (Section 2110(a)(23))
Hospice services include a program of home and inpatient care provided directly under the direction of a licensed hospice. Hospice care programs include palliative and supportive physician, psychological, psychosocial, and other health services to individuals utilizing a medically directed interdisciplinary team. Hospice care services are available if the enrollee is diagnosed with a terminal illness with a life expectancy of six months or fewer. Effective 3/23/10, hospice care is available concurrently with care related to the treatment of the child’s condition with respect to which a diagnosis of terminal illness has been made.
Guidance: See guidance for section 6.1.4.1 for guidance on the statutory requirements for EPSDT under sections 1905(r) and 1902(a)(43) of the Act. If the benefit being provided does not meet the EPSDT statutory requirements, do not check this box.
6.2.22. EPSDT consistent with the requirements of sections 1905(r) and 1902(a)(43) of the Act.
6.2.22.1 The state assures that any limitations applied to the amount, duration, and scope of benefits described in Sections 6.2 and 6.3- BH of the CHIP state plan can be exceeded as medically necessary.
Guidance: Any other medical, diagnostic, screening, preventive, restorative, remedial, therapeutic or rehabilitative service may be provided, whether in a facility, home, school, or other setting, if recognized by State law and only if the service is: 1) prescribed by or furnished by a physician or other licensed or registered practitioner within the scope of practice as prescribed by State law; 2) performed under the general supervision or at the direction of a physician; or 3) furnished by a health care facility that is operated by a State or local government or is licensed under State law and operating within the scope of
(spa)(va-20-0015)(approval-package)(page-88)Page 88#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-86
Effective Date: [07/01/2021]
86 Approval Date: 07/26/22 the license.
6.2.23. Any other medical, diagnostic, screening, preventive, restorative, remedial, therapeutic, or rehabilitative services. (Section 2110(a)(24))
Coverage of chiropractic and vision services with benefit limitations. Effective 12/1/02, the vision co-payments levels for each FPL decreased and levels for frames and trifocal lenses increased.
Effective 10/1/09, coverage for early intervention services was expanded to include all certified Early Intervention Professionals and Early Intervention Specialists.
6.2.24. Premiums for private health care insurance coverage (Section 2110(a)(25))
Premiums for private health care insurance coverage are covered in the FAMIS Select program through a CHIP Section 1115 Demonstration waiver, as outlined in Section 4.4.
6.2.25. Medical transportation (Section 2110(a)(26))
Professional ambulance services under certain conditions are covered when used locally to or from a covered facility or provider’s office. Ambulance services if prearranged by the Primary Care Physician and authorized by the Company if, because of enrollee’s medical condition, the enrollee cannot ride safely in a car when going to the provider’s office or to the outpatient department of the hospital. Ambulance services will be covered if the enrollee’s condition suddenly becomes worse and must go to a local hospital’s emergency room. For coverage of ambulance services, the following three conditions must be met: (a) The trip to the facility or office must be to the nearest one recognized by the health plan administrator as having services adequate to treat the condition; (b) The services received in that facility or provider’s office are covered services; and (c) If the health plan administrator requests it, the attending provider must explain why transportation could not occur in a private car or by any other less expensive means. Guidance: Enabling services, such as transportation, translation, and outreach services, may be offered only if designed to increase the accessibility of primary and preventive health care services for eligible low-income individuals.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-87
Effective Date: [07/01/2021]
87 Approval Date: 07/26/22
6.2.26. Enabling services (such as transportation, translation, and outreach services (Section 2110(a)(27))
6.2.27. Any other health care services or items specified by the Secretary and not included under this section (Section 2110(a)(28))
Enhanced Services Provided Beyond Secretary-approved coverage modeled after the state employee plan:
The services described above are the services included in the Key Advantage State Employee Benefit Package in effect in June 2000. FAMIS Secretary-approved coverage modeled after the state employee plan will include all of the Key Advantage benefits plus the additional benefits listed below:
1. Well-child care from age 6 through 18 including visits, laboratory services as recommended by the American Academy of Pediatrics Advisory Committee, and any immunizations as recommended by the Advisory Committee on Immunization Practice (ACIP). (Well-child care from birth through age 5 is covered under Key Advantage.)
2. The following services for special education students, when provided in a school setting pursuant to a student’s Individualized Education Program (IEP), are covered under this State Plan: physical therapy, occupational therapy, and speech-language therapy; audiology; skilled nursing; psychiatric and psychological services; personal care; medical evaluations; and specialized transportation. Assessments are covered as necessary to determine special education and related services needed in the IEP. The Department of Medical Assistance Services (DMAS) reimburses Local Education Agencies (LEAs) directly for services provided pursuant to the IEP.
3. Blood lead testing.
COVID-19 Vaccines, Testing, and Treatment:
Effective March 11, 2021 and through the last day of the first calendar quarter that begins one year after the last day of the
(spa)(va-20-0015)(approval-package)(page-90)Page 90#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-88
Effective Date: [07/01/2021]
88 Approval Date: 07/26/22 COVID-19 emergency period described in section 1135(g)(1)(B) of the Act, and for all populations covered in the CHIP state child health plan:
COVID-19 Vaccine: The state provides coverage of COVID-19 vaccines and their administration, in accordance with the requirements of section 2103(c)(11)(A) of the Act.
COVID-19 Testing: The state provides coverage of COVID-19 testing, in accordance with the requirements of section 2103(c)(11)(B) of the Act. The state assures that coverage of COVID-19 testing is consistent with the Centers for Disease Control and Prevention (CDC) definitions of diagnostic and screening testing for COVID-19 and its recommendations for who should receive diagnostic and screening tests for COVID-19. The state assures that coverage includes all types of FDA authorized COVID-19 tests.
COVID-19 Treatment: The state assures that the following coverage of treatments for COVID-19 are provided without amount, duration, or scope limitations, in accordance with requirements of section 2103(c)(11)(B) of the Act: o The state provides coverage of treatments for COVID-19 including specialized equipment and therapies (including preventive therapies); o The state provides coverage of any non- pharmacological item or service described in section 2110(a) of the Act, that is medically necessary for treatment of COVID-19; and o The state provides coverage of any drug or biological that is approved (or licensed) by the U.S. Food & Drug Administration (FDA) or authorized by the FDA under an Emergency Use Authorization (EUA) to treat or prevent COVID-19, consistent with the applicable authorizations.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-89
Effective Date: [07/01/2021]
89 Approval Date: 07/26/22 Coverage for a Condition That May Seriously Complicate the Treatment of COVID-19: The state provides coverage for treatment of a condition that may seriously complicate COVID-19 treatment without amount, duration, or scope limitations, during the period when a beneficiary is diagnosed with or is presumed to have COVID-19, in accordance with the requirements of section 2103(c)(11)(B) of the Act.
(spa)(va-20-0015)(approval-package)(page-92)Page 92#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-90
Effective Date: [07/01/2021]
90 Approval Date: 07/26/22 6.2-BH Behavioral Health Coverage Section 2103(c)(5) requires that states provide coverage to prevent, diagnose, and treat a broad range of mental health and substance use disorders in a culturally and linguistically appropriate manner for all CHIP enrollees, including pregnant women and unborn children.
Guidance: Please attach a copy of the state’s periodicity schedule. For pregnancy-related coverage, please describe the recommendations being followed for those services.
6.2.1- BH Periodicity Schedule The state has adopted the following periodicity schedule for behavioral health screenings and assessments. Please specify any differences between any covered CHIP populations:
State-developed schedule American Academy of Pediatrics/ Bright Futures Other Nationally recognized periodicity schedule (please specify: ) Other (please describe: )
6.3- BH Covered Benefits Please check off the behavioral health services that are provided to the state’s CHIP populations, and provide a description of the amount, duration, and scope of each benefit. For each benefit, please also indicate whether the benefit is available for mental health and/or substance use disorders. If there are differences in benefits based on the population or type of condition being treated, please specify those differences.
If EPSDT is provided, as described at Section 6.2.22 and 6.2.22.1, the state should only check off the applicable benefits. It does not have to provide additional information regarding the amount, duration, and scope of each covered behavioral health benefit.
FAMIS children are enrolled in fee-for-service on a temporary basis prior to enrollment in a MCO, and during this period, they receive the same benefits as the Medicaid state plan, including EPSDT.
FAMIS children enrolled in managed care receive Secretary-approved coverage modeled after the state employee benefit plan in effect in June 2000, Virginia’s Key Advantage State Employee Benefit Plan. Behavioral health services are outlined in detail in the checklist below.
Guidance: Please include a description of the services provided in addition to the behavioral health screenings and assessments described in the assurance below at 6.3.1.1-BH.
6.3.1- BH Behavioral health screenings and assessments. (Section 2103(c)(6)(A))
6.3.1.1- BH The state assures that all developmental and behavioral health
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-91
Effective Date: [07/01/2021]
91 Approval Date: 07/26/22 recommendations outlined in the AAP Bright Futures periodicity schedule and United States Public Preventive Services Task Force (USPSTF) recommendations graded as A and B are covered as a part of the CHIP benefit package, as appropriate for the covered populations.
Guidance: Examples of facilitation efforts include requiring managed care organizations and their networks to use such tools in primary care practice, providing education, training, and technical resources, and covering the costs of administering or purchasing the tools.
6.3.1.2- BH The state assures that it will implement a strategy to facilitate the use of age-appropriate validated behavioral health screening tools in primary care settings. Please describe how the state will facilitate the use of validated screening tools.
Virginia currently mandates, throughout delivery systems and covered populations, coverage for age-appropriate, routine, and standardized validated developmental and behavioral health screenings, including for all FAMIS enrollees, consistent with the Bright Futures/American Academy of Pediatrics (AAP) guidelines and periodicity schedule. These requirements are outlined in the managed care contracts. Primary care providers are given discretion, within the scope of AAP guidance, on the specifics of evidence-based screening tools used. DMAS guidance regarding developmental and behavioral health screenings is outlined in the EPSDT section of the DMAS provider manuals. This guidance also applies to FAMIS well child coverage. To facilitate the use of age-appropriate validated behavioral health screening tools, MCOs are required to educate and train providers on the use of these tools and provide updated versions of the tools as they become available. DMAS provides information and updates regarding developmental and behavioral health screenings in provider manuals and on the agency’s website. DMAS will provide updated information through a policy transmittal to providers and MCOs describing the requirements of Section 5022 of the SUPPORT Act, including the use of age-appropriate validated behavioral health screening tools in primary care settings.
6.3.2- BH Outpatient services (Sections 2110(a)(11) and 2110(a)(19))
Guidance: Psychosocial treatment includes services such as psychotherapy, group therapy, family therapy and other types of counseling services.
6.3.2.1- BH Psychosocial treatment
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-92
Effective Date: [07/01/2021]
92 Approval Date: 07/26/22 Provided for: Mental Health Substance Use Disorder
Psychosocial treatment, including psychotherapy, group therapy, family therapy, and other types of counseling services, is covered for the treatment of mental health and substance use disorder conditions. Medically necessary outpatient mental health and substance use disorder services (American Society of Addiction Medicine [ASAM] Level 1) other than services furnished in a state- operated mental hospital are covered without limitations.
6.3.2.2- BH Tobacco cessation Provided for: Substance Use Disorder
Tobacco cessation services are covered, including both counseling and pharmacotherapy. Coverage includes the provision of anticipatory guidance and risk-reduction counseling with regard to tobacco use during routine well-child visits. All FDA-approved tobacco cessation products are covered. At least two quit attempts and five tobacco cessation counseling sessions per quit attempt are covered; these limits can be exceeded when medically necessary.
Guidance: In order to provide a benefit package consistent with section 2103(c)(5) of the Act, MAT benefits are required for the treatment of opioid use disorders. However, if the state provides MAT for other SUD conditions, please include a description of those benefits below at section 6.3.2.3- BH.
6.3.2.3- BH Medication Assisted Treatment Provided for: Substance Use Disorder
6.3.2.3.1- BH Opioid Use Disorder
Medication Assisted Treatment for opioid use disorder is covered. All FDA-approved medications to treat opioid use disorder are covered as well as psychotherapy and substance use disorder counseling. There is no visit limit on medically necessary outpatient substance use disorder treatment.
6.3.2.3.2- BH Alcohol Use Disorder
Medication Assisted Treatment for alcohol use disorder is covered. All FDA-approved medications to treat alcohol use disorder are covered as well as psychotherapy and substance use disorder counseling. There is no visit limit on medically necessary outpatient substance use disorder treatment.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-93
Effective Date: [07/01/2021]
93 Approval Date: 07/26/22
6.3.2.3.3- BH Other
6.3.2.4- BH Peer Support Provided for: Mental Health Substance Use Disorder
As of 07-01-17, Peer Support Services for mental health and substance use disorder conditions are covered. Peer Support Services extend existing comprehensive behavioral health and substance use treatment services to help facilitate recovery from even the most serious mental health and substance use disorders. Peer support providers are self-identified individuals who are in successful and ongoing recovery from mental health and/or substance use disorders. Peer support providers shall be sufficiently trained and certified to deliver services. Peer Support Services are delivered by peers (trained/certified individuals with lived experience with mental health and/or substance use disorders) who have been successful in the recovery process and can extend the reach of treatment beyond the clinical setting into an individual’s community to support and assist a member with staying engaged in the recovery process. A Peer Support service called Family Support Partners shall be provided to individuals under the age of 21 who have a mental health or substance use disorder or co-occurring mental health and substance use disorders that are the focus of the support with their caregiver.
6.3.2.5- BH Caregiver Support Provided for: Mental Health Substance Use Disorder
6.3.2.6- BH Respite Care Provided for: Mental Health Substance Use Disorder
6.3.2.7- BH Intensive in-home services Provided for: Mental Health Substance Use Disorder
Intensive in-home services to children and adolescents under age 19 are time- limited interventions provided typically but not solely in the residence of a child who is at risk of being moved into an out-of-home placement or who is being transitioned to home from out-of-home placement due to a documented medical need of the child. These services provide crisis treatment, individual and family counseling, and communication skills (e.g., counseling to assist the child and his parents to understand and practice appropriate problem-solving, anger
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-94
Effective Date: [07/01/2021]
94 Approval Date: 07/26/22 management, and interpersonal interaction, etc.); care coordination with other required services; and 24-hour emergency response. Services must be directed toward the treatment of the eligible child and delivered primarily in the family’s residence with the child present.
6.3.2.8- BH Intensive outpatient Provided for: Mental Health Substance Use Disorder
As of 4/1/17, intensive outpatient services (ASAM Level 2.1) are covered for substance use disorder treatment. There are no visit limits on medically necessary outpatient substance use disorder treatment services. Medication assisted treatment shall be provided onsite or through referral.
As of 7/1/2021, Mental Health Intensive Outpatient Services (IOP) is covered for mental health and co-occurring mental health and substance use disorder treatment. Mental Health IOP is a non-residential, rehabilitative benefit that includes skilled treatment services focused on maintaining and improving functional abilities through a time-limited, interdisciplinary approach to treatment. MH-IOP is based on a comprehensive, coordinated and individualized service plan that involves the use of multiple, concurrent service components and treatment modalities. Treatment focuses on symptom reduction, crisis and safety planning, promoting stability and independent living in the community, recovery/relapse prevention and reducing the need for a more acute level of care. This service is provided to individuals who do not require the intensive level of care of inpatient, residential, or partial hospitalization service, but require more intensive services than outpatient services and would benefit from the structure and safety available in the MH-IOP setting.
6.3.2.9- BH Psychosocial rehabilitation Provided for: Mental Health Substance Use Disorder
Guidance: If the state considers day treatment and partial hospitalization to be the same benefit, please indicate that in the benefit description. If there are differences between these benefits, such as the staffing or intensity of the setting, please specify those in the description of the benefit’s amount, duration, and scope.
6.3.3- BH Day Treatment Provided for: Mental Health Substance Use Disorder
Therapeutic Day Treatment (TDT) is an intensive outpatient service that is covered for the treatment of mental health conditions. TDT provides evaluation, medication, education and management; opportunities to learn and use daily living skills and to
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-95
Effective Date: [07/01/2021]
95 Approval Date: 07/26/22 enhance social and interpersonal skills (e.g., problem-solving, anger management, community responsibility, increased impulse control, and appropriate peer relations, etc.); and individual, group and family psychotherapy.
6.3.3.1- BH Partial Hospitalization Provided for: Mental Health Substance Use Disorder
Partial Hospitalization (ASAM Level 2.5) is covered for substance use treatment. There is no visit limit on medically necessary outpatient substance use treatment services. Medication assisted treatment shall be provided onsite or through referral.
Effective 7/1/2021, Mental Health Partial Hospitalization (MH-PHP) is covered for mental health and co-occurring mental health and substance use disorder treatment. MH-PHP services are short-term, non-residential interventions that are more intensive than outpatient services and that are required to stabilize an individual's psychiatric condition. The service is delivered under physician direction to individuals at risk of psychiatric hospitalization or transitioning from a psychiatric hospitalization to the community. Individuals qualifying for this service must demonstrate a medical necessity for the service arising from behavioral health disorders that result in significant functional impairments in major life activities. This service includes assessment, assistance with medication management, individual and group therapy, skills restoration, and care coordination for individuals who require coordinated, intensive, comprehensive, and multidisciplinary treatment but who do not require inpatient treatment.
6.3.4- BH
Inpatient services, including services furnished in a state-operated mental hospital and including residential or other 24-hour therapeutically planned structural services (Sections 2110(a)(10) and 2110(a)(18))
Provided for: Mental Health Substance Use Disorder
Medically necessary inpatient psychiatric services rendered in a psychiatric unit of a general acute care hospital and inpatient substance use disorder treatment services rendered in a psychiatric unit of a general acute care hospital are covered for 365 days per confinement. The following services are not covered: (1) services furnished in a state-operated mental hospital, (2) services furnished in an IMD, and (3) residential services or other 24-hour therapeutically planned structural services with the exception of Residential Crisis Stabilization (effective 12/1/21).
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-96
Effective Date: [07/01/2021]
96 Approval Date: 07/26/22 Guidance: If applicable, please clarify any differences within the residential treatment benefit (e.g. intensity of services, provider types, or settings in which the residential treatment services are provided).
6.3.4.1- BH Residential Treatment Provided for: Mental Health Substance Use Disorder
With the exception of Residential Crisis Stabilization (see 6.3.5.1), Residential Treatment services are not provided under the CHIP state plan. Children in need of mental health or substance use disorder Residential Treatment services may receive them for stays less than 30 days, through state-only funds. For stays longer than 30 days, the child is assessed for Medicaid eligibility.
6.3.4.2- BH Detoxification Provided for: Substance Use Disorder
ASAM defines detoxification as “withdrawal management.” Withdrawal management, as defined by ASAM, means services to assist a member’s withdrawal from the use of substances. This service may be offered in all ASAM Levels of Care.
Guidance: Crisis intervention and stabilization could include services such as mobile crisis, or short term residential or other facility based services in order to avoid inpatient hospitalization.
6.3.5- BH Emergency services Provided for: Mental Health Substance Use Disorder
6.3.5.1- BH Crisis Intervention and Stabilization Provided for: Mental Health Substance Use Disorder
Effective 12/1/2021, Mobile Crisis Response shall provide immediate behavioral health care, available 24 hours a day, seven days per week, to assist individuals who are experiencing an acute behavioral health crisis requiring immediate clinical attention. This service’s objectives shall be to prevent exacerbation of a condition, to prevent injury to the client or others, and to provide treatment in the context of the least restrictive setting. Mobile Crisis Response is provided in a variety of settings including community locations where the individual lives, works, attends school, participates in services and socializes, and includes temporary detention order preadmission screenings.
Effective 12/1/2021, Community Stabilization services provide intensive, short
(spa)(va-20-0015)(approval-package)(page-99)Page 99#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-97
Effective Date: [07/01/2021]
97 Approval Date: 07/26/22 term behavioral health care to non-hospitalized individuals who recently experienced an acute behavioral health crisis. The goal is to address and stabilize the acute behavioral health needs at the earliest possible time to prevent decompensation while a comprehensive array of services is established.
Effective 12/1/2021, Residential Crisis Stabilization services serves as a diversion from inpatient hospitalization by offering psychiatric stabilization in licensed crisis services provider units of fewer than 16 beds. Residential Crisis Stabilization shall not be provided in facilities that meet the definition of an Institution for Mental Diseases (IMD) as defined in 42 CFR 435.1010. Residential Crisis Stabilization provides short-term, crisis evaluation and brief intervention services to support an individual who is experiencing an abrupt and substantial change in behavior noted by severe impairment of functioning typically associated with a precipitating situation or a marked increase in personal distress. This service is also available as a 23-hour option.
6.3.6- BH Continuing care services Provided for: Mental Health Substance Use Disorder
6.3.7- BH Care Coordination Provided for: Mental Health Substance Use Disorder
The substance use disorder outpatient benefit, including Preferred Office-Based Addiction Treatment (OBAT) and Opioid Treatment Programs, requires Substance Use Disorder (SUD) Care Coordination that includes integrating behavioral health into primary care and specialty medical settings through interdisciplinary care planning and monitoring member progress and tracking member outcomes; linking members with community resources to facilitate referrals and respond to social service needs, or peer supports; and tracking and supporting members when they obtain medical, behavioral health, or social services outside the practice. SUD Care Coordination services are considered duplicative of SUD Case Management services (6.3.8-BH), so these benefits are provided only to individuals with a primary SUD diagnosis who are not already receiving SUD Case Management.
6.3.7.1- BH Intensive wraparound Provided for: Mental Health Substance Use Disorder
6.3.7.2- BH Care transition services Provided for: Mental Health Substance Use Disorder
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-98
Effective Date: [07/01/2021]
98 Approval Date: 07/26/22 6.3.8- BH Case Management Provided for: Mental Health Substance Use Disorder
Case Management services for youth at risk of serious emotional disturbance and who meet the definition of seriously emotionally disturbed are covered. Case Management services assist youth at risk of serious emotional disturbance and with a diagnosis of serious emotional disturbance in accessing needed medical, psychiatric, social, educational, vocational, and other supports essential to meeting basic needs. Services to be provided include: Assessment and planning, linking the individual directly to services and supports, assisting the individual directly for the purpose of locating, developing, or obtaining needed service and resources, coordinating services and service planning, enhancing community integration, making collateral contacts, follow up and monitoring, and education and counseling.
Case Management services for substance use disorders are covered and cannot be billed concurrently with SUD Care Coordination (6.3.7- BH).
6.3.9- BH Other
Behavioral Therapies Provided for: Mental Health Substance Use Disorder
Behavioral Therapies - As of 07-01-16, behavioral therapies are covered. Behavioral therapies are systematic interventions provided by licensed practitioners within their scope of practice, defined under state law or regulations, to individuals younger than 19 years of age, usually in the individual’s home. Behavioral therapy includes, but is not limited to, applied behavior analysis. Services are designed to enhance communication skills and decrease maladaptive patterns of behavior which, if left untreated, could lead to more complex problems and the need for a greater or a more restrictive level of care. The service goal is to ensure the individual’s family is trained to effectively manage the individual’s behavior in the home and community settings using behavioral modification strategies. Behavioral therapy services must be preauthorized and based on a medical necessity determination.
Assertive Community Treatment Provided for: Mental Health Substance Use Disorder
As of 7/1/2021 Assertive Community Treatment provides long-term needed treatment, rehabilitation, and support services to identified individuals with severe and persistent mental illness especially those who have severe symptoms
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-99
Effective Date: [07/01/2021]
99 Approval Date: 07/26/22 that are not effectively remedied by available treatments or who because of reasons related to their mental illness resist or avoid involvement with mental health services in the community.
Multi-systemic therapy Provided for: Mental Health Substance Use Disorder
As of 12/1/2021 Multi-systemic therapy (MST) is an intensive, evidence-based treatment provided in home and community settings to youth with significant clinical impairment in disruptive behavior, mood, and/or substance use. MST includes an emphasis on engagement with the youth’s family, caregivers and natural supports and is delivered in the recovery environment. MST is a short- term and rehabilitative intervention that is used as a step-down and diversion from higher levels of care and seeks to understand and intervene with youth within their network of systems including family, peers, school, and community.
Functional Family Therapy Provided for: Mental Health Substance Use Disorder
As of 12/1/2021 Functional Family Therapy (FFT) is a short-term, evidence- based treatment program for at-risk youth who have been referred for behavioral or emotional problems and/or substance use disorders by the juvenile justice, behavioral health, school or child welfare systems.
6.4- BH Assessment Tools
6.4.1- BH Please specify or describe all of the tool(s) required by the state and/or each managed care entity:
ASAM Criteria (American Society Addiction Medicine) Mental Health Substance Use Disorders
InterQual Mental Health Substance Use Disorders
MCG Care Guidelines Mental Health Substance Use Disorders
CALOCUS/LOCUS (Child and Adolescent Level of Care Utilization System)
Mental Health Substance Use Disorders
(spa)(va-20-0015)(approval-package)(page-102)Page 102#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-100
Effective Date: [07/01/2021]
100 Approval Date: 07/26/22 CASII (Child and Adolescent Service Intensity Instrument) Mental Health Substance Use Disorders
CANS (Child and Adolescent Needs and Strengths) Mental Health Substance Use Disorders
State-specific criteria (e.g. state law or policies) (please describe) Mental Health Substance Use Disorders
The Virginia Department of Medical Assistance Services manuals describe the criteria for psychiatric services, community mental health and rehabilitation services (CMHRS), and Addiction and Recovery Treatment Services (ARTS).
Plan-specific criteria (please describe) Mental Health Substance Use Disorders
The plans are required to use a standardized assessment tool to determine medical necessity for behavioral health services. DMAS does not specify which standardized assessment tools the MCOs must use; however, MCOs must use assessment tools that meet an acceptable practice standard. These include InterQual, Milliman, and MCG. If MCOs use plan-specific criteria, the criteria shall not be more restrictive than the State Plan program.
Other (please describe) Mental Health Substance Use Disorders
No specific criteria or tools are required Mental Health Substance Use Disorders
Guidance: Examples of facilitation efforts include requiring managed care organizations and their networks to use such tools to determine possible treatments or plans of care, providing education, training, and technical resources, and covering the costs of administering or purchasing the assessment tools.
6.4.2- BH Please describe the state’s strategy to facilitate the use of validated assessment tools for the treatment of behavioral health conditions.
Contracted managed care organizations must use the Department’s service authorization criteria or other medically sound, evidence-based criteria in accordance with national standards in making medical necessity determinations. MCOs may choose assessment tools listed in Section 6.4.1-BH. To facilitate the use of validated assessment
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-101
Effective Date: [07/01/2021]
101 Approval Date: 07/26/22 tools for the treatment of behavioral health conditions, MCOs are required to educate and train providers on the use of these tools and provide updated versions of the tools as they become available. DMAS will require MCOs to submit a plan, as well as updates to the plan in the future, that details the use of validated assessment tools for the treatment of behavioral health conditions.
To engage in community mental health services, providers must complete a comprehensive needs assessment on members, which can be done by completing the DLA-20, a validated outcomes measurement and monitoring tool that helps persons with mental illness manage their treatment, which can reduce the need for specialized, high- cost services. The use of the DLA-20 is included in the DMAS service manuals.
6.2.5- BH Covered Benefits The State assures the following related to the provision of behavioral health benefits in CHIP:
All behavioral health benefits are provided in a culturally and linguistically appropriate manner consistent with the requirements of section 2103(c)(6), regardless of delivery system.
The state will provide all behavioral health benefits consistent with 42 CFR 457.495 to ensure there are procedures in place to access covered services as well as appropriate and timely treatment and monitoring of children with chronic, complex or serious conditions.
6.2- MHPAEA Section 2103(c)(6)(A) of the Social Security Act requires that, to the extent that it provides both medical/surgical benefits and mental health or substance use disorder benefits, a State child health plan ensures that financial requirements and treatment limitations applicable to mental health and substance use disorder benefits comply with the mental health parity requirements of section 2705(a) of the Public Health Service Act in the same manner that such requirements apply to a group health plan. If the state child health plan provides for delivery of services through a managed care arrangement, this requirement applies to both the state and managed care plans. These requirements are also applicable to any additional benefits provided voluntarily to the child health plan population by managed care entities and will be considered as part of CMS’s contract review process at 42 CFR 457.1201(l).
6.2.1- MHPAEA Before completing a parity analysis, the State must determine whether each covered benefit is a medical/surgical, mental health, or substance use disorder benefit based on a standard that is consistent with state and federal law and generally recognized independent standards of medical practice. (42 CFR 457.496(f)(1)(i))
6.2.1.1- MHPAEA Please choose the standard(s) the state uses to determine whether a covered benefit is a medical/surgical benefit, mental health benefit, or substance use disorder benefit. The most current version of the standard elected must be used. If different standards
(spa)(va-20-0015)(approval-package)(page-104)Page 104#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-102
Effective Date: [07/01/2021]
102 Approval Date: 07/26/22 are used for different benefit types, please specify the benefit type(s) to which each standard is applied. If “Other” is selected, please provide a description of that standard.
International Classification of Disease (ICD) Diagnostic and Statistical Manual of Mental Disorders (DSM) State guidelines Other (Describe): Conditions noted in ICD-10-CM, Chapter 5, “Mental, Behavioral, and Neurodevelopmental Disorders” are classified under MH/SUD with the following exceptions: The conditions listed in subchapter 1, “Mental disorders due to known physiological conditions” (F01 to F09) are categorized as MED/SURG; the conditions listed in subchapter 8, “Intellectual disabilities” (F70 to F79) are categorized as MED/SURG; and the conditions listed in subchapter 9, “Pervasive and specific developmental disorders” (F80-F89) are categorized as MED/SURG. 6.2.1.2- MHPAEA Does the State provide mental health and/or substance use disorder benefits?
Yes No Guidance: If the State does not provide any mental health or substance use disorder benefits, the mental health parity requirements do not apply ((42 CFR 457.496(f)(1)). Continue on to Section 6.3.
6.2.2- MHPAEA Section 2103(c)(6)(B) of the Social Security Act (the Act) provides that to the extent a State child health plan includes coverage of early and periodic screening, diagnostic, and treatment services (EPSDT) defined in section 1905(r) of the Act and provided in accordance with section 1902(a)(43) of the Act, the plan shall be deemed to satisfy the parity requirements of section 2103(c)(6)(A) of the Act.
6.2.2.1- MHPAEA Does the State child health plan provide coverage of EPSDT? The State must provide for coverage of EPSDT benefits, consistent with Medicaid statutory requirements, as indicated in section 6.2.26 of the State child health plan in order to answer “yes.”
Yes No
(spa)(va-20-0015)(approval-package)(page-105)Page 105#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-103
Effective Date: [07/01/2021]
103 Approval Date: 07/26/22 FAMIS children access the EPSDT benefit during the time they are temporarily in fee-for-service prior to being enrolled in a MCO. FAMIS children in managed care do not receive the EPSDT benefit; therefore DMAS is not seeking deemed parity on the basis of EPSDT for its separate CHIP population. Guidance: If the State child health plan does not provide EPSDT consistent with Medicaid statutory requirements at sections 1902(a)(43) and 1905(r) of the Act, please go to Section 6.2.3- MHPAEA to complete the required parity analysis of the State child health plan.
If the state does provide EPSDT benefits consistent with Medicaid requirements, please continue this section to demonstrate compliance with the statutory requirements of section 2103(c)(6)(B) of the Act and the mental health parity regulations of 42 CFR 457.496(b) related to deemed compliance. Please provide supporting documentation, such as contract language, provider manuals, and/or member handbooks describing the state’s provision of EPSDT.
6.2.2.2- MHPAEA EPSDT benefits are provided to the following:
All children covered under the State child health plan. A subset of children covered under the State child health plan. Please describe the different populations (if applicable) covered under the State child health plan that are provided EPSDT benefits consistent with Medicaid statutory requirements Guidance: If only a subset of children are provided EPSDT benefits under the State child health plan, 42 CFR 457.496(b)(3) limits deemed compliance to those children only and Section 6.2.3- MHPAEA must be completed as well as the required parity analysis for the other children.
6.2.2.3- MHPAEA To be deemed compliant with the MHPAEA parity requirements, States must provide EPSDT in accordance with sections 1902(a)(43) and 1905(r) of the Act (42 CFR 457.496(b)). The State assures each of the following for children eligible for EPSDT under the separate State child health plan:
All screening services, including screenings for mental health and substance use disorder conditions, are provided at intervals that align with a periodicity schedule that meets reasonable standards of medical or dental practice as well as when medically
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-104
Effective Date: [07/01/2021]
104 Approval Date: 07/26/22 necessary to determine the existence of suspected illness or conditions. (Section 1905(r))
All diagnostic services described in 1905(a) of the Act are provided as needed to diagnose suspected conditions or illnesses discovered through screening services, whether or not those services are covered under the Medicaid state plan. (Section 1905(r))
All items and services described in section 1905(a) of the Act are provided when needed to correct or ameliorate a defect or any physical or mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the Medicaid State plan. (Section 1905(r)(5))
Treatment limitations applied to services provided under the EPSDT benefit are not limited based on a monetary cap or budgetary constraints and may be exceeded as medically necessary to correct or ameliorate a medical or physical condition or illness. (Section 1905(r)(5))
Non-quantitative treatment limitations, such as definitions of medical necessity or criteria for medical necessity, are applied in an individualized manner that does not preclude coverage of any items or services necessary to correct or ameliorate any medical or physical condition or illness. (Section 1905(r)(5))
EPSDT benefits are not excluded on the basis of any condition, disorder, or diagnosis. (Section 1905(r)(5))
The provision of all requested EPSDT screening services, as well as any corrective treatments needed based on those screening services, are provided or arranged for as necessary. (Section 1902(a)(43))
All families with children eligible for the EPSDT benefit under the separate State child health plan are provided information and informed about the full range of services available to them. (Section 1902(a)(43)(A))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-105
Effective Date: [07/01/2021]
105 Approval Date: 07/26/22 Guidance: For states seeking deemed compliance for their entire State child health plan population, please continue to Section 6.3. If not all of the covered populations are offered EPSDT, the State must conduct a parity analysis of the benefit packages provided to those populations. Please continue to 6.2.3- MHPAEA.
Mental Health Parity Analysis Requirements for States Not Providing EPSDT to All Covered Populations
Guidance: The State must complete a parity analysis for each population under the State child health plan that is not provided the EPSDT benefit consistent with the requirements 42 CFR 457.496(b). If the State provides benefits or limitations that vary within the child or pregnant woman populations, states should perform a parity analysis for each of the benefit packages. For example, if different financial requirements are applied according to a beneficiary’s income, a separate parity analysis is needed for the benefit package provided at each income level.
Please ensure that changes made to benefit limitations under the State child health plan as a result of the parity analysis are also made in Section 6.2.
6.2.3- MHPAEA In order to conduct the parity analysis, the State must place all medical/surgical and mental health and substance use disorder benefits covered under the State child health plan into one of four classifications: Inpatient, outpatient, emergency care, and prescription drugs. (42 CFR 457.496(d)(2)(ii); 42 CFR 457.496(d)(3)(ii)(B))
6.2.3.1 MHPAEA Please describe below the standard(s) used to place covered benefits into one of the four classifications.
Inpatient: All covered services or items (including medications) provided to a member when a physician (or other qualified provider as applicable) has written an order/certification for a >24-hour admission to a facility.
Outpatient: All covered services or items (including medications) provided to a member in a setting that does not require a physician (or other qualified provider as applicable) order/certification for a >24-hour admission, and does not meet the definition of emergency care.
Emergency Care: All covered services or items (including medications) provided in an emergency department setting or to stabilize an emergency/crisis, when provided in a setting other than an inpatient setting.
Pharmacy/Prescription Drugs: Covered medications, drugs, and associated supplies requiring a prescription, and services delivered by a pharmacist who works in a free-
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-106
Effective Date: [07/01/2021]
106 Approval Date: 07/26/22 standing pharmacy.
6.2.3.1.1 MHPAEA The State assures that:
The State has classified all benefits covered under the State plan into one of the four classifications. The same reasonable standards are used for determining the classification for a mental health or substance use disorder benefit as are used for determining the classification of medical/surgical benefits. 6.2.3.1.2- MHPAEA Does the State use sub-classifications to distinguish between office visits and other outpatient services?
Yes No
6.2.3.1.2.1- MHPAEA If the State uses sub-classifications to distinguish between outpatient office visits and other outpatient services, the State assures the following:
The sub-classifications are only used to distinguish office visits from other outpatient items and services, and are not used to distinguish between similar services on other bases (ex: generalist vs. specialist visits). Guidance: For purposes of this section, any reference to “classification(s)” includes sub-classification(s) in states using sub-classifications to distinguish between outpatient office visits from other outpatient services.
6.2.3.2 MHPAEA The State assures that:
Mental health / substance use disorder benefits are provided in all classifications in which medical/surgical benefits are provided under the State child health plan. Guidance: States are not required to cover mental health or substance use disorder benefits (42 CFR 457.496(f)(2)). However if a state does provide any mental health or substance use disorder benefits, those mental health or substance use disorder benefits must be provided in all the same classifications in which medical/surgical benefits are covered under the State child health plan (42 CFR
(spa)(va-20-0015)(approval-package)(page-109)Page 109#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-107
Effective Date: [07/01/2021]
107 Approval Date: 07/26/22 457.496(d)(2)(ii).
Annual and Aggregate Lifetime Dollar Limits
6.2.4- MHPAEA A State that provides both medical/surgical benefits and mental health and/or substance use disorder benefits must comply with parity requirements related to annual and aggregate lifetime dollar limits for benefits covered under the State child health plan. (42 CFR 457.496(c))
6.2.4.1- MHPAEA Please indicate whether the State applies an aggregate lifetime dollar limit and/or an annual dollar limit on any mental health or substance abuse disorder benefits covered under the State child health plan.
Aggregate lifetime dollar limit is applied Aggregate annual dollar limit is applied No dollar limit is applied Guidance: A monetary coverage limit that applies to all CHIP services provided under the State child health plan is not subject to parity requirements.
If there are no aggregate lifetime or annual dollar limits on any mental health or substance use disorder benefits, please go to section 6.2.5- MHPAEA.
6.2.4.2- MHPAEA Are there any medical/surgical benefits covered under the State child health plan that have either an aggregate lifetime dollar limit or an annual dollar limit? If yes, please specify what type of limits apply.
Yes (Type(s) of limit: ) No Guidance: If no aggregate lifetime dollar limit is applied to medical/ surgical benefits, the State may not impose an aggregate lifetime dollar limit on any mental health or substance use disorder benefits. If no aggregate annual dollar limit is applied to medical/surgical benefits, the State may not impose an aggregate annual dollar limit on any mental health or substance use disorder benefits. (42 CFR 457.496(c)(1))
6.2.4.3 – MHPAEA. States applying an aggregate lifetime or annual dollar limit on medical/surgical benefits and mental health or substance use disorder benefits must determine whether the portion of the medical/surgical benefits to which the limit applies is less than one- third, at least one-third but less than two-thirds, or at least two-thirds of all medical/surgical
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-108
Effective Date: [07/01/2021]
108 Approval Date: 07/26/22 benefits covered under the State plan (457.496(c)).
The portion of medical/surgical benefits subject to the limit is based on the dollar amount expected to be paid for all medical/surgical benefits under the State plan for the State plan year or portion of the plan year after a change in benefits that affects the applicability of the aggregate lifetime or annual dollar limits (457.496(c)(3)).
The State assures that it has developed a reasonable methodology to calculate the portion of covered medical/surgical benefits which are subject to the aggregate lifetime and/or annual dollar limit, as applicable. Guidance: Please include the state’s methodology to calculate the portion of covered medical/surgical benefits which are subject to the aggregate lifetime and/or annual dollar limit, as applicable, as an attachment to the State child health plan.
6.2.4.3.1- MHPAEA Please indicate the portion of the total costs for medical and surgical benefits covered under the State plan which are subject to a lifetime dollar limit:
Less than 1/3 At least 1/3 and less than 2/3 At least 2/3
6.2.4.3.2- MHPAEA Please indicate the portion of the total costs for medical and surgical benefits covered under the State plan which are subject to an annual dollar limit:
Less than 1/3 At least 1/3 and less than 2/3 At least 2/3 Guidance: If an aggregate lifetime limit is applied to less than one-third of all medical/surgical benefits, the State may not impose an aggregate lifetime limit on any mental health or substance use disorder benefits. If an annual dollar limit is applied to less than one-third of all medical surgical benefits, the State may not impose an annual dollar limit on any mental health or substance use disorder benefits (§457.496(c)(1)). Skip to section 6.2.5-MHPAEA.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-109
Effective Date: [07/01/2021]
109 Approval Date: 07/26/22 If the State applies an aggregate lifetime or annual dollar limit to at least one- third of all medical/surgical benefits, please continue below to provide the assurances related to the determination of the portion of total costs for medical/surgical benefits that are subject to either an annual or lifetime limit.
6.2.4.3.2.1- MHPAEA If the State applies an aggregate lifetime or annual dollar limit to at least1/3 and less than 2/3 of all medical/surgical benefits, the State assures the following (§§457.496(c)(4)(i)(B); 457.496(c)(4)(ii)):
The State applies an aggregate lifetime or annual dollar limit on mental health or substance use disorder benefits that is no more restrictive than an average limit calculated for medical/surgical benefits. Guidance: The state’s methodology for calculating the average limit for medical/surgical benefits must be consistent with §§457.496(c)(4)(i)(B) and 457.496(c)(4)(ii). Please include the state’s methodology as an attachment to the State child health plan.
6.2.4.3.2.2- MHPAEA If at least 2/3 of all medical/surgical benefits are subject to an annual or lifetime limit, the State assures either of the following (§457.496(c)(2)(i); (§457.496(c)(2)(ii)):
The aggregate lifetime or annual dollar limit is applied to both medical/surgical benefits and mental health and substance use disorder benefits in a manner that does not distinguish between medical/surgical benefits and mental health and substance use disorder benefits; or The aggregate lifetime or annual dollar limit placed on mental health and substance use disorder benefits is no more restrictive than the aggregate lifetime or annual dollar limit on medical/surgical benefits.
Quantitative Treatment Limitations
6.2.5- MHPAEA Does the State apply quantitative treatment limitations (QTLs) on any mental health or substance use disorder benefits in any classification of benefits? If yes, specify the
(spa)(va-20-0015)(approval-package)(page-112)Page 112#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-110
Effective Date: [07/01/2021]
110 Approval Date: 07/26/22 classification(s) of benefits in which the State applies one or more QTLs on any mental health or substance use disorder benefits.
Yes (Specify: ) No Guidance: If the state does not apply any type of QTLs on any mental health or substance use disorder benefits in any classification, the state meets parity requirements for QTLs and should continue to Section 6.2.6 - MHPAEA. If the state does apply QTLs to any mental health or substance use disorder benefits, the state must conduct a parity analysis. Please continue.
6.2.5.1- MHPAEA Does the State apply any type of QTL on any medical/surgical benefits?
Yes No Guidance: If the State does not apply QTLs on any medical/surgical benefits, the State may not impose quantitative treatment limitations on mental health or substance use disorder benefits, please go to Section 6.2.6- MHPAEA related to non-quantitative treatment limitations.
6.2.5.2- MHPAEA Within each classification of benefits in which the State applies a type of QTL on any mental health or substance use disorder benefits, the State must determine the proportion of medical and surgical benefits in the class which are subject to the limitation. More specifically, the State must determine the ratio of (a) the dollar amount of all payments expected to be paid under the State plan for medical and surgical benefits within a classification which are subject to the type quantitative treatment limitation for the plan year (or portion of the plan year after a mid-year change affecting the applicability of a type of quantitative treatment limitation to any medical/surgical benefits in the class) to (b) the dollar amount expected to be paid for all medical and surgical benefits within the classification for the plan year. For purposes of this paragraph all payments expected to be paid under the State plan includes payments expected to be made directly by the State and payments which are expected to be made by MCEs contracting with the State. (§457.496(d)(3)(i)(C))
The State assures it has applied a reasonable methodology to determine the dollar amounts used in the ratio described above for each classification within which the State applies QTLs to mental health or substance use disorder benefits. (§457.496(d)(3)(i)(E)) Guidance: Please include the state’s methodology as an attachment to the State child
(spa)(va-20-0015)(approval-package)(page-113)Page 113#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-111
Effective Date: [07/01/2021]
111 Approval Date: 07/26/22 health plan.
6.2.5.3- MHPAEA For each type of QTL applied to any mental health or substance use disorder benefits within a given classification, does the State apply the same type of QTL to “substantially all” (defined as at least two-thirds) of the medical/surgical benefits within the same classification? (§457.496(d)(3)(i)(A))
Yes No Guidance: If the State does not apply a type of QTL to substantially all medical/surgical benefits in a given classification of benefits, the State may not impose that type of QTL on mental health or substance use disorder benefits in that classification. (§457.496(d)(3)(i)(A))
6.2.5.3.1- MHPAEA For each type of QTL applied to mental health or substance use disorder benefits, the State must determine the predominant level of that type which is applied to medical/surgical benefits in the classification. The “predominant level” of a type of QTL in a classification is the level (or least restrictive of a combination of levels) that applies to more than one-half of the medical/surgical benefits in that classification, as described in §§457.496(d)(3)(i)(B). The portion of medical/surgical benefits in a classification to which a given level of a QTL type is applied is based on the dollar amount of payments expected to be paid for medical/surgical benefits subject to that level as compared to all medical/surgical benefits in the classification, as described in §457.496(d)(3)(i)(C). For each type of quantitative treatment limitation applied to mental health or substance use disorder benefits, the State assures:
The same reasonable methodology applied in determining the dollar amounts used to determine whether substantially all medical/surgical benefits within a classification are subject to a type of quantitative treatment limitation also is applied in determining the dollar amounts used to determine the predominant level of a type of quantitative treatment limitation applied to medical/surgical benefits within a classification. (§457.496(d)(3)(i)(E)) The level of each type of quantitative treatment limitation applied by the State to mental health or substance use disorder benefits in any classification is no more restrictive than the predominate level of that type which is applied by the State to medical/surgical benefits within the same classification. (§457.496(d)(2)(i))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-112
Effective Date: [07/01/2021]
112 Approval Date: 07/26/22 Guidance: If there is no single level of a type of QTL that exceeds the one-half threshold, the State may combine levels within a type of QTL such that the combined levels are applied to at least half of all medical/surgical benefits within a classification; the predominate level is the least restrictive level of the levels combined to meet the one-half threshold (§457.496(d)(3)(i)(B)(2)).
Non-Quantitative Treatment Limitations
6.2.6- MHPAEA The State may utilize non-quantitative treatment limitations (NQTLs) for mental health or substance use disorder benefits, but the State must ensure that those NQTLs comply with all the mental health parity requirements. (42 CFR 457.496(d)(4)); (42 CFR 457.496(d)(5))
6.2.6.1 – MHPAEA If the State imposes any NQTLs, complete this subsection. If the State does not impose NQTLs, please go to Section 6.2.7-MHPAEA.
The State assures that the processes, strategies, evidentiary standards or other factors used in the application of any NQTL to mental health or substance use disorder benefits are no more stringent than the processes, strategies, evidentiary standards or other factors used in the application of NQTLs to medical/surgical benefits within the same classification. Guidance: Examples of NQTLs include medical management standards to limit or exclude benefits based on medical necessity, restrictions based on geographic location, provider specialty, or other criteria to limit the scope or duration of benefits and provider network design (ex: preferred providers vs. participating providers). Additional examples of possible NQTLs are provided in 42 CFR 457.496(d)(4)(ii). States will need to provide a summary of its NQTL analysis, as well as supporting documentation as requested.
6.2.6.2 – MHPAEA The State or MCE contracting with the State must comply with parity if they provide coverage of medical or surgical benefits furnished by out-of-network providers.
6.2.6.2.1- MHPAEA Does the State or MCE contracting with the State provide
coverage of medical or surgical benefits provided by out-of-network providers?
Yes No Guidance: The State can answer no if the State or MCE only provides out of network services in specific circumstances, such as emergency care, or when the network is unable to provide a necessary service covered under the contract.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-113
Effective Date: [07/01/2021]
113 Approval Date: 07/26/22
6.2.6.2.2- MHPAEA If yes, the State must provide access to out-of-network providers for mental health or substance use disorder benefits. Please assure the following:
The State attests that when determining access to out-of-network providers within a benefit classification, the processes, strategies, evidentiary standards, or other factors used to determine access to those providers for mental health/ substance use disorder benefits are comparable to and applied no more stringently than the processes, strategies, evidentiary standards or other factors used to determine access for out- of-network providers for medical/surgical benefits.
Availability of Plan Information 6.2.7- MHPAEA The State must provide beneficiaries, potential enrollees, and providers with information related to medical necessity criteria and denials of payment or reimbursement for mental health or substance use disorder services (42 CFR 457.496(e)) in addition to existing notice requirements at 42 CFR 457.1180.
6.2.7.1- MHPAEA Medical necessity criteria determinations must be made available to any current or potential enrollee or contracting provider, upon request. The state attests that the following entities provide this information:
State Managed Care entities Both
6.2.7.2- MHPAEA Reason for any denial for reimbursement or payment for
mental health or substance use disorder benefits must be made available to the
enrollee by the health plan or the State. The state attests that the following
entities provide denial information:
State Managed Care entities Both
Guidance: Under Title XXI, pre-existing condition exclusions are not allowed, with the only
(spa)(va-20-0015)(approval-package)(page-116)Page 116#
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-114
Effective Date: [07/01/2021]
114 Approval Date: 07/26/22 exception being in relation to another law in existence (HIPAA/ERISA). Indicate that the plan adheres to this requirement by checking the applicable description.
In the event that the State provides benefits through a group health plan or group health coverage, or provides family coverage through a group health plan under a waiver (see Section 6.4.2.), pre-existing condition limits are allowed to the extent permitted by HIPAA/ERISA. If the State is contracting with a group health plan or provides benefits through group health coverage, describe briefly any limitations on pre-existing conditions. (Formerly 8.6.)
6.3 The state assures that, with respect to pre-existing medical conditions, one of the following two statements applies to its plan: (42CFR 457.480)
6.3.1. The state shall not permit the imposition of any pre-existing medical condition exclusion for covered services (Section 2102(b)(1)(B)(ii)); OR
6.3.2. The state contracts with a group health plan or group health insurance coverage, or contracts with a group health plan to provide family coverage under a waiver (see Section 6.4.2. of the template). Pre-existing medical conditions are permitted to the extent allowed by HIPAA/ERISA (Section 2103(f)). Previously 8.6. Please describe:
6.4 Additional Purchase Options. If the state wishes to provide services under the plan through cost effective alternatives or the purchase of family coverage, it must request the appropriate option. To be approved, the state must address the following: (Section 2105(c)(2) and(3)) (42 CFR 457.1005 and 457.1010)
6.4.1. Cost Effective Coverage. Payment may be made to a state in excess of the 10% limitation on use of funds for payments for: 1) other child health assistance for targeted low-income children; 2) expenditures for health services initiatives under the plan for improving the health of children (including targeted low-income children and other low-income children); 3) expenditures for outreach activities as provided in section 2102(c)(1) under the plan; and 4) other reasonable costs incurred by the state to administer the plan, if it demonstrates the following (42CFR 457.1005(a)):
6.4.1.1. Coverage provided to targeted low-income children through such expenditures must meet the coverage requirements above. Describe the coverage provided by the alternative delivery system. The state may cross reference section 6.2.1 - 6.2.28. (Section 2105(c)(2)(B)(i)) (42CFR 457.1005(b))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-115
Effective Date: [07/01/2021]
115 Approval Date: 07/26/22 6.4.1.2. The cost of such coverage must not be greater, on an average per child basis, than the cost of coverage that would otherwise be provided for the coverage described above. Describe the cost of such coverage on an average per child basis. (Section 2105(c)(2)(B)(ii)) (42CFR 457.1005(b))
Guidance: Check below if the State is requesting to provide cost-effective coverage through a community-based health delivery system. This allows the State to waive the 10 percent limitation on expenditures not used for Medicaid or health insurance assistance if coverage provided to targeted low-income children through such expenditures meets the requirements of Section 2103; the cost of such coverage is not greater, on an average per child basis, than the cost of coverage that would otherwise be provided under Section 2103; and such coverage is provided through the use of a community-based health delivery system, such as through contracts with health centers receiving funds under Section 330 of the Public Health Services Act or with hospitals such as those that receive disproportionate share payment adjustments under Section 1886(c)(5)(F) or 1923.
If the cost-effective alternative waiver is requested, the State must demonstrate that payments in excess of the 10 percent limitation will be used for other child health assistance for targeted low-income children; expenditures for health services initiatives under the plan for improving the health of children (including targeted low-income children and other low-income children); expenditures for outreach activities as provided in Section 2102(c)(1) under the plan; and other reasonable costs incurred by the State to administer the plan. (42CFR, 457.1005(a))
6.4.1.3. The coverage must be provided through the use of a community-based health delivery system, such as through contracts with health centers receiving funds under section 330 of the Public Health Service Act or with hospitals such as those that receive disproportionate share payment adjustments under section 1886(c)(5)(F) or 1923 of the Social Security Act. Describe the community based delivery system. (Section 2105(c)(2)(B)(iii)) (42CFR 457.1005(a))
Guidance: Check 6.4.2. if the State is requesting to purchase family coverage. Any State requesting to purchase such coverage will need to include information that establishes to the Secretary’s satisfaction that: 1) when compared to the amount of
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 6-116
Effective Date: [07/01/2021]
116 Approval Date: 07/26/22 money that would have been paid to cover only the children involved with a comparable package, the purchase of family coverage is cost effective; and 2) the purchase of family coverage is not a substitution for coverage already being provided to the child. (Section 2105(c)(3)) (42CFR 457.1010)
6.4.2. Purchase of Family Coverage. Describe the plan to purchase family coverage. Payment may be made to a state for the purpose of family coverage under a group health plan or health insurance coverage that includes coverage of targeted low-income children, if it demonstrates the following: (Section 2105(c)(3)) (42CFR 457.1010)
The families of targeted low-income children who have access to health insurance through their employer may be eligible for premium assistance for the purchase of their employer-sponsored health insurance if certain conditions are met. However, the goal of FAMIS Select is to provide coverage for eligible children under their parents’ employer-sponsored plan. Any coverage of individuals not eligible for FAMIS is incidental.
6.4.2.1. Purchase of family coverage is cost-effective. The State’s cost of purchasing family coverage, including administrative expenditures, that includes coverage for the targeted low-income children involved or the family involved (as applicable) under premium assistance programs must not be greater than the cost of obtaining coverage under the State plan for all eligible targeted low-income children or families involved; and (2) The State may base its demonstration of cost effectiveness on an assessment of the cost of coverage, including administrative costs, for children or families under premium assistance programs to the cost of other CHIP coverage for these children or families, done on a case- by-case basis, or on the cost of premium assisted coverage in the aggregate.
6.4.2.2. The state assures that the family coverage would not otherwise substitute for health insurance coverage that would be provided to such children but for the purchase of family coverage. (Section 2105(c)(3)(B)) (42CFR 457.1010(b))
6.4.2.3. The state assures that the coverage for the family otherwise meets title XXI requirements. (42CFR 457.1010(c))
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 7-117
Effective Date: [07/01/2021]
117 Approval Date: 07/26/22 Section 7. Quality and Appropriateness of Care
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 8.
7.1. Describe the methods (including external and internal monitoring) used to assure the quality and appropriateness of care, particularly with respect to well-baby care, well- child care, and immunizations provided under the plan. (2102(a)(7)(A)) (42CFR 457.495(a))
The Commonwealth will use numerous methods to assure that FAMIS enrollees receive quality services that are appropriate to their needs. These methods may include the following:
Verification that contracted managed care organizations (MCOs) develop and maintain quality assurance and quality improvement programs.
Verification that contracted MCOs have sufficient network providers and procedures to ensure that children have access to routine, urgent, and emergency services.
Verification that contracted MCOs maintain a member complaint system and provide access to a grievance process to appeal a plan action.
Will the State utilize any of the following tools to assure quality? (Check all that apply and describe the activities for any categories utilized.)
7.1.1. Quality standards
Contracted MCOs are required to follow standards established by the Commonwealth in the development and maintenance of their quality improvement programs.
7.1.2. Performance measurement
7.1.2(a) CHIPRA Quality Core Set
7.1.2(b) Other
A. Submission of a quality improvement plan. B. Adherence to NCQA, JCAHO, or other nationally recognized accrediting organization. C. Results of HEDIS or other.
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STATE: Virginia Page 7-118
Effective Date: [07/01/2021]
118 Approval Date: 07/26/22
D. CAHPS Survey.
E. Clinical focus studies.
7.1.3. Information strategies
Each managed care organization will establish a system to monitor compliance with access standards set forth by DMAS and a data management system to meet DMAS data collection requirements. DMAS annually requires managed care organizations to report the percentage of children who received all expected well child visits according to the benefits schedule, during the period that each child was enrolled, and the percentage of two-year-old children who have received each immunization specified in the most current ACIP recommendations.
7.1.4. Quality improvement strategies
Health insurers may perform the following:
A. Documentation of current MCHIP quality certification or documentation of a comparable accreditation. B. Develop and maintain a Quality Improvement Program (QIP) which meets standards and reporting requirements set out by the Commonwealth. C. Cooperate and show compliance with the DMAS Quality Improvement Program, which may require calculation and reporting of performance measures and the implementation of performance improvement projects as well as cooperate with DMAS or a designated agent in conducting quality reviews. Managed care organizations are required to have a written utilization management (UM) program that reflects the National Committee for Quality Assurance standards to include mechanisms to detect underutilization and/or overutilization of care. Managed care organizations must show implementation of an approved system to monitor and address complaints and grievances.
7.2. Describe the methods used, including monitoring, to assure: (2102(a)(7)(B)) (42 CFR 457.495)
7.2.1 Access to well-baby care, well-child care, well-adolescent care and childhood and adolescent immunizations. (Section 2102(a)(7)) (42CFR 457.495(a))
Each MCO will meet the requirements by the contract with DMAS to ensure
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 7-119
Effective Date: [07/01/2021]
119 Approval Date: 07/26/22 access to well-baby care, well adolescent care, and childhood immunizations. By contract MCOs are responsible for arranging and administering covered services to enrollees and ensuring that the delivery system provides available, accessible and adequate numbers of facilities, locations and personnel for the provision of covered services. The MCO provides or otherwise arranges care by providers specializing in early childhood and youth services. MCOs provide services as established by recognized clinically approved guidelines for standards of care. MCOs ensure that immunizations are rendered in accordance with the most current Advisory Committee on Immunization Practices (ACIP) or the American Academy of Pediatrics Advisory Committee recommendations.
7.2.2 Access to covered services, including emergency services as defined in 42 CFR 457.10. (Section 2102(a)(7)) 42CFR 457.495(b))
MCOs are required to demonstrate their ability to monitor network capacity throughout their service area for routine, urgent, and emergency care. The Commonwealth establishes standards and reporting requirements for access to routine, urgent, and emergency care. Each health plan is solely responsible for arranging for and administering covered services to enrollees and ensuring that its delivery system provides available, accessible, and adequate numbers of facilities, locations, and personnel for the provision of covered services. The health plan must include in its network or otherwise arrange care by providers specializing in early childhood and youth services.
7.2.3 Appropriate and timely procedures to monitor and treat enrollees with chronic, complex, or serious medical conditions, including access to an adequate number of visits to specialists experienced in treating the specific medical condition and access to out-of-network providers when the network is not adequate for the enrollee’s medical condition. (Section 2102(a)(7)) (42CFR 457.495(c))
The State monitors complaints received by DMAS, the Call Center, or MCOs with regard to access to care.
Children with special health care needs are not considered a separate population or as a special population under the FAMIS State Plan. MCOs provide access to all covered services, including specialty services, to any child regardless of the medical condition. Each MCO must have, at a minimum, complex care management programs that focus on improving the health status of members diagnosed with the following conditions: respiratory conditions such as asthma, heart disease, diabetes, co-occurring mental health/behavioral health conditions, and cancer.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 7-120
Effective Date: [07/01/2021]
120 Approval Date: 07/26/22
Each MCO must arrange to provide care according to established appointment standards and meet requirements determined by the contract for monitoring and reporting access to services, timeliness of services, and appropriateness of services for all enrollees including those with chronic, complex or serious medical conditions. The MCO is responsible for the provision of services regardless if a medical condition and/or diagnosis was present prior to being assigned the enrollee; thus the MCO will manage all pre-existing conditions. MCOs cover and pay for services furnished in facilities or by practitioners outside the plan’s network if the needed medical services or necessary supplementary resources are not available in the plan’s network.
MCOs are not permitted to refuse an assignment or disenroll a patient or otherwise discriminate against a patient based on physical or mental disability or type of illness or condition.
7.2.4 Decisions related to the prior authorization of health services are completed in accordance with State law or, in accordance with the medical needs of the patient, within 14 days after the receipt of a request for services. (Section 2102(a)(7)) (42 CFR 457.495(d))
Prior authorization of health decisions is made in accordance with State law, consistent with the standards set by the regulations governing managed care health insurance plans.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-121
Effective Date: [07/01/2021]
121 Approval Date: 07/26/22 Section 8. Cost Sharing and Payment (Section 2103(e))
Check here if the State elects to use funds provided under Title XXI only to provide expanded eligibility under the State’s Medicaid plan, and continue on to Section 9.
8.1. Is cost-sharing imposed on any of the children covered under the plan? (42CFR 457.505) Indicate if this also applies for pregnant women. (CHIPRA #2, SHO # 09- 006, issued May 11, 2009)
8.1.1.
Yes
Cost sharing as described below applies to FAMIS children. Cost sharing does not apply to the FAMIS Prenatal population.
8.1.2.
No, skip to question 8.8.
8.1.1-PW
Yes 8.1.2-PW
No, skip to question 8.8.
Guidance: It is important to note that for families below 150 percent of poverty, the same limitations on cost sharing that are under the Medicaid program apply. (These cost- sharing limitations have been set forth in Section 1916 of the Social Security Act, as implemented by regulations at 42 CFR 447.50 - 447.59). For families with incomes of 150 percent of poverty and above, cost sharing for all children in the family cannot exceed 5 percent of a family's income per year. Include a statement that no cost sharing will be charged for pregnancy-related services. (CHIPRA #2, SHO # 09-006, issued May 11, 2009) (Section 2103(e)(1)(A)) (42CFR 457.505(a), 457.510(b) and (c), 457.515(a) and (c))
8.2. Describe the amount of cost-sharing, any sliding scale based on income, the group or groups of enrollees that may be subject to the charge and the service for which the charge is imposed or time period for the charge, as appropriate. (Section 2103(e)(1)(A)) (42 CFR 457.505(a), 457.510(b) &(c), 457.515(a)&(c))
8.2.1. Premiums:
None. Effective April 15, 2002, Virginia temporarily suspended premiums
until further notice. Effective September 1, 2002, the FAMIS program no
longer charges premiums.
8.2.2. Deductibles:
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STATE: Virginia Page 8-122
Effective Date: [07/01/2021]
122 Approval Date: 07/26/22 None.
8.2.3. Coinsurance or copayments:
Co-payments shall not be imposed on any of the children covered under the Secretary-approved coverage offered through fee-for-service.
In Secretary-approved coverage modeled after the state employee plan, no co-payments are required for well-baby and well-child and other preventive services. Effective 7/1/10, no co-payments are required for pregnancy-related services. Effective 7/1/19, no co-payments are required for outpatient mental health and substance use disorder services.
In the event of a federally declared or Governor-declared disaster and at the Commonwealth’s discretion, the Commonwealth may temporarily waive co-payments for FAMIS beneficiaries who reside and/or work in the State or federally declared disaster area.
Copayments for Secretary-approved coverage modeled after the state employee plan are:
Description of Service 150% FPL > 150% FPL Outpatient $2 per visit $5 per visit Prescription Drugs $2 per prescription $5 per prescription Inpatient $15 per admission $25 per admission Non-Emergency use of Emergency Room $10 per visit $25 per visit Poverty Levels 150% FPL > 150% FPL Maximum Yearly Co-Payment Limit Per Family
$180
$350
Income levels are provided as a percentage of Federal Poverty Level (FPL) based on gross income.
Total cost-sharing for each year (or 12-month eligibility period) is limited to: (1) for a family with an annual income equal to or less than 150% of the FPL, the lesser of (a) 2.5% of a family’s income, and (b) $180.00; and (2) for a family with an annual income greater than 150% of the FPL, the lesser of (a) 5% of a family’s income, and (b) $350.00.
The co-payment and coinsurance maximums are set at thresholds that are
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-123
Effective Date: [07/01/2021]
123 Approval Date: 07/26/22 well below the maximum allowable per CMS for families with annual incomes equal to or below 150% of FPL and for those with annual incomes above 150% of FPL. The maximum yearly co-payment limit for families in FAMIS with annual incomes at or below 150% FPL is $180.00 per year. Families enrolled in FAMIS and receiving benefits through FAMIS contracted health plans are advised of the amount of maximum allowable cost-sharing that they may be responsible for during the year. Families are required to submit documentation to DMAS or its contractor, showing that the co-payment cap is met for the year. Once the cap is met, DMAS or its contractor will issue a new card excluding families from paying additional co-pays.
Enrollees are not held liable for any additional costs, beyond the standard co-payment amount, for emergency services furnished outside of the individual’s managed care network. Only one co-payment charge is imposed for a single office visit.
The proposed cost sharing caps to be applied toward copayments and/or coinsurance ($180 and $350) were included in the Plan document.
No cost-sharing will be charged to American Indians and Alaska Natives.
Effective March 11, 2021 and through the last day of the first calendar quarter that begins one year after the last day of the COVID-19 emergency period described in section 1135(g)(1)(B) of the Act, and for all populations covered in the CHIP state child health plan, the state assures the following:
COVID-19 Vaccine: The state provides coverage of COVID-19 vaccines and their administration without cost sharing, in accordance with the requirements of section 2103(c)(11)(A) and 2013(e)(2) of the Act.
COVID-19 Testing: The state provides coverage of COVID-19 testing without cost sharing, in accordance with the requirements of section 2103(c)(11)(B) and 2103(e)(2) of the Act.
COVID-19 Treatment: The state provides coverage of COVID-19-related treatments without cost sharing, in accordance with the requirements of section 2103(c)(11)(B) and 2103(e)(2) of the Act.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-124
Effective Date: [07/01/2021]
124 Approval Date: 07/26/22
Coverage for a Condition That May Seriously Complicate the Treatment of COVID-19: The state provides coverage for treatment of a condition that may seriously complicate COVID-19 treatment without cost sharing, during the period when a beneficiary is diagnosed with or is presumed to have COVID-19, in accordance with the requirements of section 2103(c)(11)(B) and 2103(e)(2) of the Act. This coverage includes items and services, including drugs, that were covered by the state as of March 11, 2021.
8.2.4. Other
None.
8.3. Describe how the public will be notified, including the public schedule, of this cost- sharing (including the cumulative maximum) and changes to these amounts and any differences based on income. (Section 2103(e)((1)(A)) (42 CFR 457.505(b))
The public is notified of FAMIS’ cost-sharing requirements, including differences based on income and plans, in the outreach and enrollment materials including: The DMAS and Cover Virginia websites; FAMIS Member Handbook; Managed care organization member handbooks; and Outreach grantees. The public also has the opportunity to become involved during the regulatory process. Implementing regulations must go through a mandatory 60-day comment period consistent with the Code of Virginia. The Children’s Health Insurance Program Advisory Committee (CHIPAC) provides an opportunity for public education and input.
Effective April 15, 2002, Virginia temporarily suspended premiums until further notice. FAMIS families were notified by letter, informing them of the suspension of premiums and copies of such letters were posted on the DMAS web site. Effective September 1, 2002, the FAMIS program no longer charges premiums.
Guidance: The State should be able to demonstrate upon request its rationale and justification regarding these assurances. This section also addresses limitations on payments for certain expenditures and requirements for maintenance of effort.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-125
Effective Date: [07/01/2021]
125 Approval Date: 07/26/22 8.4. The state assures that it has made the following findings with respect to the cost sharing in its plan: (Section 2103(e))
8.4.1. Cost-sharing does not favor children from higher income families over lower income families. (Section 2103(e)(1)(B)) (42 CFR 457.530) 8.4.2. No cost-sharing applies to well-baby and well-child care, including age- appropriate immunizations. (Section 2103(e)(2)) (42 CFR 457.520) 8.4.3. No additional cost-sharing applies to the costs of emergency medical services delivered outside the network. (Section 2103(e)(1)(A)) (42 CFR 457.515(f))
8.4.1- MHPAEA There is no separate accumulation of cumulative financial requirements, as defined in 42 CFR 457.496(a), for mental health and substance abuse disorder benefits compared to medical/surgical benefits. (42 CFR 457.496(d)(3)(iii))
8.4.2- MHPAEA If applicable, any different levels of financial requirements that are applied to different tiers of prescription drugs are determined based on reasonable factors, regardless of whether a drug is generally prescribed for medical/surgical benefits or mental health/substance use disorder benefits. (42 CFR 457.496(d)(3)(ii)(A)) Not applicable.
8.4.3- MHPAEA Cost sharing applied to benefits provided under the State child health plan will remain capped at five percent of the beneficiary’s income as required by 42 CFR 457.560 (42 CFR 457.496(d)(3)(i)(D)).
8.4.4- MHPAEA Does the State apply financial requirements to any mental health or substance use disorder benefits? If yes, specify the classification(s) of benefits in which the State applies financial requirements on any mental health or substance use disorder benefits.
Yes (Specify: inpatient, emergency, pharmacy) No Guidance: For the purposes of parity, financial requirements include deductibles, copayments, coinsurance, and out of pocket maximums; premiums are excluded from the definition. If the state does not apply financial requirements on any mental health or substance use disorder benefits, the state meets parity requirements for financial requirements. If the state does apply financial requirements to mental health or substance use disorder benefits, the state must conduct a parity analysis. Please continue below.
Please ensure that changes made to financial requirements under the State child health plan as a result of the parity analysis are also made in Section 8.2.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-126
Effective Date: [07/01/2021]
126 Approval Date: 07/26/22
8.4.5- MHPAEA Does the State apply any type of financial requirements on any medical/surgical benefits?
Yes No Guidance: If the State does not apply financial requirements on any medical/surgical benefits, the State may not impose financial requirements on mental health or substance use disorder benefits.
8.4.6- MHPAEA Within each classification of benefits in which the State applies a type of financial requirement on any mental health or substance use disorder benefits, the State must determine the portion of medical and surgical benefits in the class which are subject to the limitation.
The State assures it has applied a reasonable methodology to determine the dollar amounts used in the ratio described above (Section 6.2.5.2-MHPAEA) for each classification or within which the State applies financial requirements to mental health or substance use disorder benefits. (42 CFR 457.496(d)(3)(i)(E))
Guidance: Please include the state’s methodology as an attachment to the State child health plan.
8.4.7- MHPAEA For each type of financial requirement applied to any mental health or substance use disorder benefits within a given classification, does the State apply the same type of financial requirement to at least two-thirds (“substantially all”) of all the medical/surgical benefits within the same classification? (42 CFR 457.496(d)(3)(i)(A))
Yes No Guidance: If the State does not apply a type of financial requirement to substantially all medical/surgical benefits in a given classification of benefits, the State may not impose financial requirements on mental health or substance use disorder benefits in that classification. (42 CFR 457.496(d)(3)(i)(A))
8.4.8- MHPAEA For each type of financial requirement applied to substantially all medical/surgical benefits in a classification, the State must determine the predominant level (as defined in 42 CFR 457.496(d)(3)(i)(B)) of that type which is applied to medical/surgical benefits in the classification. For each type of financial requirement applied to substantially
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-127
Effective Date: [07/01/2021]
127 Approval Date: 07/26/22 all medical/surgical benefits in a classification, the State assures:
The same reasonable methodology applied in determining the dollar amounts used in determining whether substantially all medical/surgical benefits within a classification are subject to a type of financial requirement also is applied in determining the dollar amounts used to determine the predominant level of a type of financial requirement applied to medical/surgical benefits within a classification. (42 CFR 457.496(d)(3)(i)(E))
The level of each type of financial requirement applied by the State to mental health or substance use disorder benefits in any classification is no more restrictive than the predominant level of that type which is applied by the State to medical/surgical benefits within the same classification. (42 CFR 457.496(d)(2)(i))
Guidance: If there is no single level of a type of financial requirement that exceeds the one-half threshold, the State may combine levels within a type of financial requirement such that the combined levels are applied to at least half of all medical/surgical benefits within a classification; the predominant level is the least restrictive level of the levels combined to meet the one-half threshold. (42 CFR 457.496(d)(3)(i)(B)(2))
8.5. Describe how the state will ensure that the annual aggregate cost-sharing for a family does not exceed 5 percent of such family’s income for the length of the child’s eligibility period in the State. Include a description of the procedures that do not primarily rely on a refund given by the state for overpayment by an enrollee: (Section 2103(e)(3)(B)) (42CFR 457.560(b) and 457.505(e))
Virginia has structured the cost sharing levels to make it highly unlikely that any family will exceed the allowable cost sharing.
Virginia ensures that the annual aggregate cost sharing for all FAMIS enrollees in a family does not exceed 5% of a family’s income as required by §2103(e)(3)(b) of Title XXI. Co-payments are capped at levels that are extremely unlikely to exceed the upper limit. Total cost-sharing for each year (or 12-month eligibility period) is limited to: for a family with an annual income equal to or less than 150% of the FPL, the lesser of (a) 2.5% of a family’s income or (b) $180; and for a family with an annual income greater than 150% of FPL, the lesser of (c) 5% of the family’s income or (d) $350. In 2018, the federal poverty level for a family of one is $12,140: 5% of that amount is $607 and 2.5% of that amount is $304. Virginia’s cost-sharing caps are well below these amounts and are designed not to exceed 2.5% or 5% of a family’s income, respectively.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-128
Effective Date: [07/01/2021]
128 Approval Date: 07/26/22 As mentioned earlier, families under the Secretary-approved coverage offered through the fee-for-service program are not subject to any cost-sharing.
Families are required to submit documentation to DMAS or its contractor, showing that the co-payment limit is met for the year. Once the cap is met, the managed care organization will issue a new card excluding families from paying additional co-pays.
Finally, Title XXI requires that cost-sharing for families with incomes below 150 percent of FPL not exceed an amount that is “nominal” under Medicaid law, with appropriate adjustment for inflation or other reasons as the Secretary determines to be reasonable. The maximum co-payment for a service costing over $50 is $3 under Medicaid law and was established in 1978. Virginia’s co-payment for families under 150% of FPL is $2, which is well below the $3 federal cap.
8.6 Describe the procedures the state will use to ensure American Indian (as defined by the Indian Health Care Improvement Act of 1976) and Alaska Native children will be excluded from cost-sharing. (Section 2103(b)(3)(D)) (42CFR 457.535)
No cost-sharing will be charged to American Indians and Alaska Natives. The application form requests information regarding race, ethnicity, and AI/AN status on each child for whom application for child health insurance is made. The applicant’s statement on the application form is sufficient to exempt an AI/AN child from any cost-sharing obligations. The FAMIS automated eligibility determination system codes the case records for children listed on the application form as Alaska Natives or American Indians and the automated record will exempt such children from any cost-sharing obligations.
8.7 Please provide a description of the consequences for an enrollee or applicant who does not pay a charge. (42CFR 457.570 and 457.505(c))
Not applicable.
Guidance: Section 8.7.1 is based on Section 2101(a) of the Act which provides that the purpose of title XXI is to provide funds to States to enable them to initiate and expand the provision of child health assistance to uninsured, low-income children in an effective and efficient manner that is coordinated with other sources of health benefits coverage for children.
8.7.1 Please provide an assurance that the following disenrollment protections are being applied: Guidance: Provide a description below of the State’s premium grace period process and
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STATE: Virginia Page 8-129
Effective Date: [07/01/2021]
129 Approval Date: 07/26/22 how the State notifies families of their rights and responsibilities with respect to payment of premiums. (Section 2103(e)(3)(C)) Virginia’s program does not have premiums.
8.7.1.1.
State has established a process that gives enrollees reasonable notice of and an opportunity to pay past due premiums, copayments, coinsurance, deductibles or similar fees prior to disenrollment. (42CFR 457.570(a))
8.7.1.2.
The disenrollment process affords the enrollee an opportunity to show that the enrollee’s family income has declined prior to disenrollment for non-payment of cost-sharing charges. (42CFR 457.570(b))
8.7.1.3.
In the instance mentioned above, that the State will facilitate enrolling the child in Medicaid or adjust the child’s cost-sharing category as appropriate. (42CFR 457.570(b))
8.7.1.4
The State provides the enrollee with an opportunity for an impartial review to address disenrollment from the program. (42CFR 457.570(c))
8.8 The state assures that it has made the following findings with respect to the payment aspects of its plan: (Section 2103(e))
8.8.1. No Federal funds will be used toward state matching requirements. (Section 2105(c)(4)) (42CFR 457.220)
8.8.2. No cost-sharing (including premiums, deductibles, copays, coinsurance and all other types) will be used toward state matching requirements. (Section 2105(c)(5) (42CFR 457.224) (Previously 8.4.5)
8.8.3. No funds under this title will be used for coverage if a private insurer would have been obligated to provide such assistance except for a provision limiting this obligation because the child is eligible under this title. (Section 2105(c)(6)(A)) (42CFR 457.626(a)(1))
8.8.4. Income and resource standards and methodologies for determining Medicaid eligibility are not more restrictive than those applied as of June 1, 1997. (Section 2105(d)(1)) (42CFR 457.622(b)(5))
8.8.5. No funds provided under this title or coverage funded by this title will include coverage of abortion except if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 8-130
Effective Date: [07/01/2021]
130 Approval Date: 07/26/22 (Section 2105)(c)(7)(B)) (42CFR 457.475)
Abortion only if necessary to save the life of the mother.
8.8.6. No funds provided under this title will be used to pay for any abortion or to assist in the purchase, in whole or in part, for coverage that includes abortion (except as described above). (Section 2105)(c)(7)(A)) (42CFR 457.475)
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-131
Effective Date: [07/01/2021]
131 Approval Date: 07/26/22 Section 9. Strategic Objectives and Performance Goals and Plan Administration (Section 2107)
9.1. Describe strategic objectives for increasing the extent of creditable health coverage among targeted low-income children and other low-income children: (Section 2107(a)(2)) (42CFR 457.710(b))
Objective 1: Reduce the number of uninsured children Objective 2: Increase enrolled children’s access to care Objective 3: Improve the health care status of enrolled children
9.2. Specify one or more performance goals for each strategic objective identified: (Section 2107(a)(3)) (42CFR 457.710(c))
Objective 1 performance goal: Maximize the percentage of Medicaid and CHIP-eligible children in Virginia who are insured
Objective 2 performance goal: Consumer Assessment of Healthcare Providers and Systems (CAHPS) survey “Getting Needed Care” composite metric for the FAMIS program (general child population) will meet or exceed the National Committee for Quality Assurance (NCQA) national average for this metric
Objective 3 performance goal: Maintain childhood immunization status (Combo 3) percentage among Virginia’s Medicaid and CHIP-enrolled children that meets or surpasses the national HEDIS Medicaid 50th percentile
9.3. Describe how performance under the plan will be measured through objective, independently verifiable means and compared against performance goals in order to determine the state’s performance, taking into account suggested performance indicators as specified below or other indicators the state develops: (Section 2107(a)(4)(A),(B)) (42CFR 457.710(d))
With the FAMIS program well established after 10 years, Virginia re-assessed the performance goals for the program. While program managers continue to monitor enrollment on a monthly basis, a decision was made to focus on quality measures rather than enrollment targets.
All of Virginia’s Medicaid/CHIP managed care organizations (MCOs) are required to be accredited by the National Committee for Quality Assurance (NCQA). As such, they
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-132
Effective Date: [07/01/2021]
132 Approval Date: 07/26/22 must calculate Healthcare Effectiveness Data and Information Set (HEDIS) scores on an annual basis. These measures of care are calculated using technical specifications set forth by the NCQA. In addition, each MCO is required to conduct the CAHPS Child Survey annually. Virginia contracts with the same MCOs for Medicaid and FAMIS services. All performance measures are monitored based on the combined Medicaid-CHIP population:
Childhood Immunization Status (Combo 2) and each vaccine reported separately as well Childhood Immunization Status (Combo 3) and each vaccine reported separately as well Lead Screening in Children Well-Child Visits in the First 15 Months of Life and each number of visits listed separately Well-Child Visits in the Third, Fourth, Fifth, and Sixth Year of Life Adolescent Well-Care Visit Children and Adolescent access to primary care practitioners Asthma – Medication Management (all age categories set forth by the HEDIS technical specifications)
The Children’s Health Insurance Program Advisory Committee (CHIPAC) continues to monitor progress on the following measures, based on HEDIS specifications, and make recommendations for improvement:
Well Child Visits for child and adolescent age groups Immunizations at 2 years of age for combinations 2 and 3
The DMAS agency strategic plan was modified to include performance measures and goals for the CHIP population for the 2016-2018 biennium, beginning July 1, 2016, using NCQA’s HEDIS technical specifications:
Percentage of adolescents in managed care with at least one comprehensive well- visit per year – Annually Percentage of two-year-olds in managed care who are fully immunized – Annually Number of Medicaid/FAMIS enrolled children who received at least one dental service – Quarterly
Check the applicable suggested performance measurements listed below that the state plans to use: (Section 2107(a)(4))
9.3.1. The increase in the percentage of Medicaid-eligible children enrolled in Medicaid.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-133
Effective Date: [07/01/2021]
133 Approval Date: 07/26/22
9.3.2. The reduction in the percentage of uninsured children.
9.3.3. The increase in the percentage of children with a usual source of care.
9.3.4. The extent to which outcome measures show progress on one or more of the health problems identified by the state.
9.3.5. HEDIS Measurement Set relevant to children and adolescents younger than 19.
9.3.6. Other child appropriate measurement set. List or describe the set used.
9.3.7. If not utilizing the entire HEDIS Measurement Set, specify which measures will be collected, such as:
9.3.7.1. Immunizations (HEDIS) 9.3.7.2. Well child care (HEDIS) 9.3.7.3. Adolescent well visits (HEDIS) 9.3.7.4. Satisfaction with care (CAHPS) 9.3.7.5. Mental health (HEDIS) 9.3.7.6. Dental care (EPSDT) 9.3.7.7. Other, please list:
Lead screening (HEDIS)
Asthma (HEDIS)
9.3.8. Performance measures for special targeted populations.
9.4. The state assures it will collect all data, maintain records and furnish reports to the Secretary at the times and in the standardized format that the Secretary requires. (Section 2107(b)(1)) (42CFR 457.720)
9.5. The state assures it will comply with the annual assessment and evaluation required under Section 10. Briefly describe the state’s plan for these annual assessments and reports. (Section 2107(b)(2)) (42CFR 457.750)
DMAS complies with subsection 10.1 in assessing the operation of FAMIS and submitting a report to the Secretary by January 1 following the end of the fiscal year. This includes the reduction in the number of uninsured low-income children and the results of the program assessment.
9.6. The state assures it will provide the Secretary with access to any records or information relating to the plan for purposes of review of audit. (Section 2107(b)(3)) (42CFR 457.720)
9.7. The state assures that, in developing performance measures, it will modify those
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-134
Effective Date: [07/01/2021]
134 Approval Date: 07/26/22 measures to meet national requirements when such requirements are developed. (42CFR 457.710(e))
9.8. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: (Section 2107(e)) (42CFR 457.135)
9.8.1. Section 1902(a)(4)(C) (relating to conflict of interest standards)
9.8.2. Paragraphs (2), (16) and (17) of Section 1903(i) (relating to limitations on payment)
9.8.3. Section 1903(w) (relating to limitations on provider donations and taxes)
9.8.4. Section 1132 (relating to periods within which claims must be filed)
9.9. Describe the process used by the state to accomplish involvement of the public in the design and implementation of the plan and the method for insuring ongoing public involvement. (Section 2107(c)) (42CFR 457.120(a) and (b))
The public has the opportunity for involvement in major changes to the FAMIS program through the legislative process of the Virginia General Assembly. The public also has the opportunity to become involved in administrative policies during the regulatory process. Implementing regulations must go through a mandatory 60-day comment period consistent with the Code of Virginia.
Another method for insuring ongoing public involvement is the Children’s Health Insurance Program Advisory Committee (CHIPAC). CHIPAC is composed of representatives from public and private organizations and other individuals with significant knowledge of and interest in children’s health insurance. The Committee meets quarterly to assess policies, operations, and outreach efforts. Meetings are open to the public and include a public comment period. The Committee may offer recommendations regarding policies, the coordination of regional and local outreach activities, and procedures for streamlining and simplifying the application process, brochures, other printed materials, forms, and applicant correspondence.
9.9.1 Describe the process used by the state to ensure interaction with Indian Tribes and organizations in the state on the development and implementation of the procedures required in 42 CFR 457.125. (Section 2107(c)) (42CFR 457.120(c))
At this time, Virginia has seven federally recognized Indian tribes. DMAS participates with CMS representatives and Tribal leaders in an annual face-
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-135
Effective Date: [07/01/2021]
135 Approval Date: 07/26/22 to-face tribal consultation. During this meeting, the state’s development and implementation of pertinent components of the CHIP State Plan are discussed.
9.9.2 For an amendment relating to eligibility or benefits (including cost sharing and enrollment procedures), please describe how and when prior public notice was provided as required in 457.65(b) through (d).
FAMIS MCO coverage has expanded incrementally over the years since 2000 in conjunction with the expansion of Medicaid MCOs. Prior to each expansion, notification was sent by letter to all affected members, and a Medicaid Memorandum was sent to all providers. This Memorandum was also posted on the DMAS website.
9.10. Provide a one year projected budget. A suggested financial form for the budget is attached. The budget must describe: (Section 2107(d)) (42CFR 457.140)
Planned use of funds, including: Projected amount to be spent on health services; Projected amount to be spent on administrative costs, such as outreach, child health initiatives, and evaluation; and Assumptions on which the budget is based, including cost per child and expected enrollment. Projected sources of non-Federal plan expenditures, including any requirements for cost-sharing by enrollees.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-136
Effective Date: [07/01/2021]
136 Approval Date: 07/26/22 CHIP Budget Plan
Federal Fiscal Year Costs – FFY 2021 Federal Fiscal Year Costs – FFY 2022 Enhanced FMAP rate 69.34% 69.34% Benefit Costs
Insurance payments
Managed care $376,687,621 $390,952,645 per member/per month rate @ # of eligible $202.68 @ 154,875 avg elig/mo $197.57 @ 164,903 avg elig/mo Fee for Service $69,355,181 $75,484,543 Cost of Proposed SPA changes $20,535 $208,974 Total Benefit Costs $446,063,338 $466,646,163 (Offsetting beneficiary cost sharing payments)
Net Benefit Costs $446,063,338 $466,646,163
Administration Costs
Personnel $4,296,425 $3,622,107 General administration $137,894 $116,252 Contractors/Brokers (e.g., enrollment contractors) $19,645,330 $16,562,021 Claims Processing $3,256,968 $2,745,791 Outreach/marketing costs $535,334 $451,314 Health Services Initiatives $203,700 $5,950,173 Other
Total Administration Costs $28,075,651 $29,447,657 10% Administrative Cap $49,562,593 $51,849,574
Federal Share (multiplied by enh-FMAP rate) $328,767,975 $343,991,455 State Share $145,371,014 $152,102,365 TOTAL PROGRAM COSTS $474,138,989 $496,093,820
Funding:
State funding comes from state General Funds and the Family Access to Medical Insurance Security (FAMIS) Plan Trust Fund.
The 1997 General Assembly established the Virginia Children’s Medical Security
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-137
Effective Date: [07/01/2021]
137 Approval Date: 07/26/22 Insurance Plan (CMSIP) Trust Fund in anticipation that a children’s health insurance program would be enacted by the 1998 General Assembly. The fund was renamed the FAMIS Plan Trust Fund in legislation enacted in 2000. The Assembly directed that the Fund be used to pay, in part, the Commonwealth’s share of expenditures under the children’s health insurance program. Income to the Fund is derived from increased health insurance premium tax revenue. In 1997, the Commonwealth repealed a partial tax exemption enjoyed by the Blue Cross and Blue Shield Companies, which no longer provide insurance of last resort as a result of HIPAA reforms. Payments into the Trust Fund are approximately $14 million a year. The remainder of the Commonwealth’s share is paid from state General Funds.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 9-138
Effective Date: [07/01/2021]
138 Approval Date: 07/26/22 Section 10. Annual Reports and Evaluations (Section 2108)
10.1. Annual Reports. The state assures that it will assess the operation of the state plan under this Title in each fiscal year, including: (Section 2108(a)(1),(2)) (42CFR 457.750)
10.1.1. The progress made in reducing the number of uninsured low-income children and report to the Secretary by January 1 following the end of the fiscal year on the result of the assessment, and
10.2. The state assures it will comply with future reporting requirements as they are developed. (42CFR 457.710(e))
10.3. The state assures that it will comply with all applicable Federal laws and regulations, including but not limited to Federal grant requirements and Federal reporting requirements.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 11-139
Effective Date: [07/01/2021]
139 Approval Date: 07/26/22 Section 11. Program Integrity (Section 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue to Section 12.
11.1 The state assures that services are provided in an effective and efficient manner through free and open competition or through basing rates on other public and private rates that are actuarially sound. (Section 2101(a)) (42CFR 457.940(b))
11.2. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: (Section 2107(e)) (42CFR 457.935(b)) The items below were moved from section 9.8. (Previously items 9.8.6. - 9.8.9)
11.2.1. 42 CFR Part 455 Subpart B (relating to disclosure of information by providers and fiscal agents) 11.2.2. Section 1124 (relating to disclosure of ownership and related information) 11.2.3. Section 1126 (relating to disclosure of information about certain convicted individuals) 11.2.4. Section 1128A (relating to civil monetary penalties) 11.2.5. Section 1128B (relating to criminal penalties for certain additional charges) 11.2.6. Section 1128E (relating to the National health care fraud and abuse data collection program)
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-140
Effective Date: [07/01/2021]
140 Approval Date: 07/26/22 Section 12. Applicant and enrollee protections (Sections 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan.
Eligibility and Enrollment Matters
12.1 Describe the review process for eligibility and enrollment matters that complies with 42 CFR 457.1120.
For reviews involving adverse eligibility actions taken by the Department of Medical Assistance Services (DMAS), the Department of Social Services (DSS), or the Central Processing Unit (CPU), the following procedures shall apply.
1. DMAS, the DSS, and/or the CPU must send written notification of adverse actions affecting an individual’s request for or receipt of FAMIS coverage. Adverse actions include: a. Denial of eligibility; b. Failure to make a timely determination; c. Suspension or termination of enrollment, including disenrollment for failure to pay cost sharing.
2. The written notification must include the reasons for the determination, an explanation of rights to request a review and how to request a review, the standard and expedited time frames for review, and the circumstances under which enrollment may continue pending review. The notice must be sent to applicants/enrollees within 10 days after the date of denial or at least 10 days prior to suspension or termination of enrollment.
3. To be considered timely, a request for review shall be received by DMAS no later than 30 calendar days from the date of the notice of adverse action.
4. A review shall not be granted if the sole basis for the adverse determination is a state or federal provision requiring an automatic change in eligibility or enrollment that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
5. A request for review shall be heard and decided by an agent of DMAS who has not been directly involved in the adverse action under review.
6. All applicants/enrollees shall have the right to have personal and medical information and records maintained as confidential.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-141
Effective Date: [07/01/2021]
141 Approval Date: 07/26/22 7. All applicants/enrollees shall have an opportunity to:
a) Represent themselves or have representation of their choosing during the review process; b) Timely review their files and other applicable information relevant to review of the decision; c) Fully participate in the review process, including an opportunity to present supplemental information during the review process; and d) Receive continued coverage if the enrollee requests a review prior to the effective date of the suspension or termination of the enrollment.
8. If an expedited review decision is not mandated, a request for review shall result in a written final decision within 90 calendar days of receipt of the request for review unless the applicant, enrollee, or authorized representative requests or causes a delay. An expedited review decision will be mandated whenever the State receives, from the managed care organization or the primary health provider, information indicating that taking the time for a standard resolution of the review request could seriously jeopardize the enrollee’s life or health or ability to attain, maintain, or regain maximum function. If an expedited review decision is mandated, then a request for review shall result in a written final decision within 3 business days after the State receives, from the managed care organization or the primary health provider, the case record and information indicating that taking the time for a standard resolution of the review request could seriously jeopardize the enrollee’s life or health or ability to attain, maintain, or regain maximum function, unless the applicant, enrollee, or authorized representative requests or causes a delay.
Health Services Matters
12.2 Please describe the review process for health services matters that complies with 42 CFR 457.1120. “Health services matters” refers to grievances relating to the provision of health care.
For reviews involving health services matters for FAMIS enrollees receiving services through Managed Care Organizations (MCOs), the following procedures shall apply.
1. The MCO shall provide a written notification within 10 days after a decision is made and provide the opportunity for external review whenever an enrollee’s request for covered services is delayed, denied, reduced, suspended, or terminated, in whole or in part including a determination about the type or level of services; or whenever there has been the failure to approve, furnish or provide
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-142
Effective Date: [07/01/2021]
142 Approval Date: 07/26/22 payment for health services in a timely manner.
2. Written notification must include the reasons for the determination, an explanation of rights to request a review and how to request a review, and the standard and expedited time frames for review. In addition, it shall inform the enrollee about his or her opportunity to file a grievance or a request for review with the MCO, and include the phone number and name of the contact person at the MCO’s office.
3. The MCO shall comply with the Department’s hearing process, no more or less, and in the same manner as is required for all other FAMIS evidentiary hearings.
4. The MCO shall have written policies and procedures which describe the informal and formal grievance and review process and how it operates, and the process must be in compliance with federal and State regulations. The procedures must provide for prompt resolution of the issue and involve the participation of individuals with the authority to require corrective action.
5. A review shall not be granted if the sole basis for the adverse determination is a state or federal provision requiring an automatic change that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
6. The MCO shall offer an internal grievance review procedure. The MCO shall issue grievance decisions within fourteen (14) days from the date of initial receipt of the grievance and after all pertinent information has been received. The decision must be in writing and shall include but not be limited to:
a. The decision reached by the MCO; b. The reasons for the decision; c. The policies or procedures which provide the basis for the decision; and d. A clear explanation of further review rights and the time frame for filing a request for review.
7. The enrollee may request an external review of any formal grievance decision by the MCO. An external review organization shall manage the external review procedure. The external review organization provides an independent external review, because the external review organization is the State or a contractor other than the contractor responsible for the matter subject to external review. If an enrollee wishes to file an appeal with the external review organization, the appeal must be filed within 30 days of the enrollee’s receipt of notice of the final decision from the MCO.
8. The MCO shall provide to the external review organization all information necessary for any enrollee appeal within the time frame established by the
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-143
Effective Date: [07/01/2021]
143 Approval Date: 07/26/22 Department.
9. All applicants/enrollees shall have the right to have personal and medical information and records maintained as confidential.
10. All applicants/enrollees shall have an opportunity to:
a. Represent themselves or have representation of their choosing during the review process; b. Timely review their files and other applicable information relevant to review of the decision; c. Fully participate in the review process, whether the review is in person or in writing, including an opportunity to present supplemental information during the review process; and d. Receive continued coverage if the enrollee requests a review prior to the effective date of the reduction or termination of services or payment for services.
11. Unless an expedited review decision is mandated, the external review organization shall complete the external review process and issue a decision within ninety (90) calendar days of the date an enrollee requests an internal review. If the enrollee’s physician or health plan determines that operating under the standard time frame could seriously jeopardize the enrollee’s life or health or ability to attain, maintain, or regain maximum function, then the external review organization must complete the external review process and issue a decision within seventy-two (72) hours of the time an enrollee requests external review.
12. The MCO shall comply with the external review decision. The external review organization’s decision in these matters shall be final and shall not be subject to appeal by the MCO.
13. The external review organization’s decision must be in writing and shall include but not be limited to:
a. The decision reached by the external review organization; b. The reasons for the decision; c. The policies or procedures which provide the basis for the decision.
For reviews involving health services matters for FAMIS enrollees receiving services through fee-for-service, the following procedures shall apply.
1. The State or its contractor shall provide a written notification within 10 days
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-144
Effective Date: [07/01/2021]
144 Approval Date: 07/26/22 after a decision is made and provide the opportunity for external review whenever an enrollee’s request for covered services is delayed, denied, reduced, suspended, or terminated, in whole or in part including a determination about the type or level of services; or whenever there has been the failure to approve, furnish or provide payment for health services in a timely manner.
2. Written notification must include the reasons for the determination, an explanation of rights to request a review and how to request a review, and the standard and expedited time frames for review.
3. A review shall not be granted if the sole basis for the adverse determination is a state or federal provision requiring an automatic change that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
4. The external review must be conducted by the State or a contractor other than the contractor responsible for the matter subject to external review.
5. If an enrollee wishes to request an external review, the request must be filed within 30 days of the enrollee’s receipt of notice of the final decision from the State or its contractor.
6. All applicants/enrollees shall have the right to have personal and medical information and records maintained as confidential.
7. All applicants/enrollees shall have an opportunity to: a. Represent themselves or have representation of their choosing during the review process; b. Timely review their files and other applicable information relevant to review of the decision; c. Fully participate in the review process, whether the review is in person or in writing, including an opportunity to present supplemental information during the review process; and d. Receive continued coverage if the enrollee requests a review prior to the effective date of the reduction or termination of services or payment for services.
8. Unless an expedited review decision is mandated, the external review process shall be completed and a written decision shall be issued within ninety (90) calendar days of the date an enrollee requests an external review, unless the applicant, enrollee, or authorized representative requests or causes a delay. If the enrollee’s physician or health plan determines that operating under the standard time frame could seriously jeopardize the enrollee’s life or health or
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-145
Effective Date: [07/01/2021]
145 Approval Date: 07/26/22 ability to attain, maintain, or regain maximum function, then the external review process must be completed and a written decision must be issued within seventy- two (72) hours of the time an enrollee requests external review, unless the applicant, enrollee, or authorized representative requests or causes a delay.
For reviews involving behavioral health services matters for FAMIS enrollees receiving services through the contracted BHSA, the following procedures shall apply.
1. The BHSA shall provide a written notification within 10 days after a decision is made and provide the opportunity for external review whenever an enrollee’s request for covered services is delayed, denied, reduced, suspended, or terminated, in whole or in part including a determination about the type or level of services; or whenever there has been the failure to approve, furnish or provide payment for health services in a timely manner.
2. Written notification must include the reasons for the determination, an explanation of rights to request a review and how to request a review, and the standard and expedited time frames for review. In addition, it shall inform the enrollee about his or her opportunity to file a grievance or a request for review with the BHSA, and include the phone number and name of the contact person at the BHSA’s office.
3. The BHSA shall have written policies and procedures which describe the informal and formal grievance and review process and how it operates, and the process must be in compliance with federal and State regulations. The BHSA shall issue grievance decisions within thirty (30) days from the date of initial receipt of the grievance.
4. A review shall not be granted if the sole basis for the adverse determination is a state or federal provision requiring an automatic change that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.
5. FAMIS members have the right to appeal most adverse actions by the BHSA contractor directly to the Department. The contractor shall notify the members of their right to appeal to the Department. If an enrollee wishes to file an appeal with the Department, the appeal must be filed within 30 days of the enrollee’s receipt of notice of the decision from the BHSA contractor.
6. The BHSA shall provide to the Department all information necessary for any enrollee appeal within the time frame established by the Department.
7. All applicants/enrollees shall have the right to have personal and medical information and records maintained as confidential.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 12-146
Effective Date: [07/01/2021]
146 Approval Date: 07/26/22
8. All applicants/enrollees shall have an opportunity to:
a. Represent themselves or have representation of their choosing during the review process; b. Timely review their files and other applicable information relevant to review of the decision; c. Fully participate in the review process, whether the review is in person or in writing, including an opportunity to present supplemental information during the review process; and d. Receive continued coverage if the enrollee requests a review prior to the effective date of the reduction or termination of services or payment for services.
9. The Department shall complete the review process and issue a decision within ninety (90) calendar days of the date an enrollee’s request. An expedited review must be completed within seventy-two (72) hours of the request.
10. The Department’s decision must be in writing and shall include but not be limited to: the decision reached by the Department; the reasons for the decision; and, the policies or procedures which provide the basis for the decision.
11. The BHSA shall comply with the Department’s decision.
12.3 Premium Assistance Programs - If providing coverage through a group health plan that does not meet the requirements of 42 CFR 457.1120, please describe how the state will assure that applicants and enrollees have the option to obtain health benefits coverage other than through the group health plan at initial enrollment and at each redetermination of eligibility.
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(spa)(va-21-0010)(approval-package)Virginia CHIP SPA VA-21-0010: Approval Package (approved June 24, 2021, effective July 1, 2021)#
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_____________________________________________________________________________ Table of Contents State/Territory Name: State Plan Amendment (SPA) #: This file contains the following documents in the order listed: 1) Approval Letter 2) State Plan Pages Virginia VA-21-0010
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DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services 7500 Security Boulevard, Mail Stop S2-01-16 Baltimore, MD 21244-1850
Children and Adults Health Programs Group
June 24, 2021
Cindy Olson Director Eligibility and Enrollment Services Division Virginia Department of Medical Assistance Services 600 East Broad Street, Suite 1300 Richmond, VA 23219
Dear Ms. Olson:
Your title XXI Children’s Health Insurance Program (CHIP) state plan amendment (SPA) VA- 21-0010 submitted on May 4, 2021, has been approved. This CHIP SPA establishes a Health Services Initiative (HSI) to support Virginia’s poison control centers. VA-21-0010 has an effective date of July 1, 2021.
Section 2105(a)(l)(D)(ii) of the Social Security Act (the Act) and 42 CFR §457.10 authorize use of title XXI administrative funding for expenditures for HSIs under the plan for improving the health of children, including targeted low-income children and other low- income children. Consistent with section 2105(c)(6)(B) of the Act and 42 CFR §457.626, title XXI funds used to support an HSI cannot supplant Medicaid or other sources of federal funding.
The state shall ensure that the remaining title XXI administrative funding, within the state's 10 percent limit, is sufficient to continue the proper administration of the CHIP program. If such funds become less than sufficient, the state agrees to redirect title XXI funds from the support of this HSI to the administration of the CHIP program. The state shall report annually to CMS the expenditures funded by the HSI for each federal fiscal year.
Your title XXI project officer is Ms. Ticia Jones. She is available to answer questions concerning this amendment and other CHIP-related issues. Her contact information is as follows:
Centers for Medicare & Medicaid Services
Center for Medicaid and CHIP Services Mail Stop: S2-01-16
7500 Security Boulevard
Baltimore, MD 21244-1850
Telephone: (410) 786-8145
E-mail: Ticia.Jones@cms.hhs.gov
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Page 2 - Ms. Cindy Olson
If you have any questions, please contact Meg Barry, Director, Division of State Coverage Programs, at (410) 786-1536. We look forward to continuing to work with you and your staff.
Sincerely,
Amy Lutzky
Deputy Director
/Signed by Amy Lutzky/
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-2
Effective Date: [07/01/21] 2 Approval Date___________ Section 1. General Description and Purpose of the State Child Health Plans and State Child Health Plan Requirements
1.1 The state will use funds provided under Title XXI primarily for (Check appropriate box) (Section 2101(a)(1)); (42 CFR 457.70):
1.1.1 Obtaining coverage that meets the requirements for a separate child health program (Sections 2101(a)(1) and 2103); OR
1.1.2. Providing expanded benefits under the State’s Medicaid plan (Title XIX) (Section 2101(a)(2)); OR
1.1.3. A combination of both of the above. (Section 2101(a)(2))
Effective 09/01/02.
1.2 Check to provide an assurance that expenditures for child health assistance will not be claimed prior to the time that the State has legislative authority to operate the State plan or plan amendment as approved by CMS. (42 CFR 457.40(d))
1.3 Check to provide an assurance that the State complies with all applicable civil rights requirements, including title VI of the Civil Rights Act of 1964, title II of the Americans with Disabilities Act of 1990, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, 45 CFR part 80, part 84, and part 91, and 28 CFR part 35. (42 CFR 457.130)
Guidance: The effective date as specified below is defined as the date on which the State begins to incur costs to implement its State plan or amendment. (42 CFR 457.65) The implementation date is defined as the date the State begins to provide services; or, the date on which the State puts into practice the new policy described in the State plan or amendment. For example, in a State that has increased eligibility, this is the date on which the State begins to provide coverage to enrollees (and not the date the State begins outreach or accepting applications).
1.4 Provide the effective (date costs begin to be incurred) and implementation (date services begin to be provided) dates for this SPA (42 CFR 457.65). A SPA may only have one effective date, but provisions within the SPA may have different implementation dates that must be after the effective date.
Original Plan Effective Date: 10/26/98; Implementation Date: 10/26/98
Amendment Effective Dates: Amend. 1: 07/01/01. Amend. 2: 12/01/01. Amend. 3: 7/01/01. Amend. 4: 09/01/02. Amend. 5: 08/01/03. Amend. 6: Withdrawn.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-3
Effective Date: [07/01/21] 3 Approval Date___________ Amend. 7: delete ESHI premium assistance program and exempt pregnant children from waiting period 08/01/05; allow for disease management in fee-for- service program 07/01/06. Amend. 8: Changes to the CHIP State Plan to outline coverage of school services and to add language regarding private funding. Amend. 9: FAMIS MOMS to 200% FPL and MCO opt in 07/01/09; Medicaid Expansion Immigrants 04/01/09. Amend. 10: Translation for Dental Care 07/01/09; Hospice Concurrent with Treatment 03/23/10; Early Intervention and prospective payment for FQHCs and RHCs 10/01/09; Citizenship Documentation 01/01/10; Mental Health Parity and No Cost Sharing for Pregnancy-Related Assistance 07/01/10. Amend. 11: Administrative Renewal Process 10/01/10; Virginia Health Care Fund 07/01/10. Amend. 16: Behavioral Therapies added 07/01/16. Amend. 17: Temporary Adjustments to Enrollment and Redetermination for Individuals Living or Working in a Declared Disaster Area at the Time of a Disaster Event 01/01/17. Amend. 19: Managed Care Final Rule Compliance Assurances; Technical Updates 07/01/18. Amend. 20: CHIP Disaster Relief – Temporary Waiver of Co-payments; Flexibilities Related to Processing and Renewal Requirements for State or Federally Declared Disaster Area 01/01/20. Amend. 22: Health Services Initiative – Poison Control Centers 07/01/21.
Amendment Implementation Dates: Amend. 1: 08/01/01; Amend. 2: 12/01/01; Amend. 3: 12/01/01; Amend. 4: 09/01/02; Amend. 5: 08/01/03; Amend. 6: Withdrawn; Amend. 7: 07/01/06; Amend. 8: 07/01/07, and 02/14/09 implementation date of language regarding the RWJ Grant funding and private funding; Amend. 9: 07/01/09, and Medicaid Expansion Immigrants: 04/01/09; Amend. 10: Translation for Dental Care: 07/01/09; Hospice Concurrent with Treatment: 03/23/10; Early Intervention and prospective payment for FQHCs and RHCs: 10/01/09; Citizenship Documentation: 01/01/10; and Mental Health Parity, No Cost Sharing for Pregnancy-Related Assistance, and Virginia Health Care Fund: 07/01/10. Amend. 11: Administrative Renewal Process: 10/01/10; and Virginia Health Care Fund: 07/01/10. Amend. 12: Discontinue primary care case management: 05/01/12; Expand eligibility under lawfully residing option: 07/01/12; Add coverage for early intervention case management: 10/01/11; and Discontinue Virginia Health Care Fund funding: 07/01/12. Amend. 13: Outreach Procedures 07/01/12; and Performance Plan: 07/01/12. Amend. 14: Delivery system change (Sec. 6 and 12) Behavioral Health Service Administrator: 01/01/14. Amend. 16: Behavioral Therapies 07/01/16. Amend. 17: Temporary Adjustments to Enrollment and Redetermination for Individuals Living or Working in a Declared Disaster Area at the Time of a Disaster Event 01/01/17. Amend. 19: Managed Care Final Rule Compliance Assurances; Technical Updates 07/01/18. Amend. 20: CHIP Disaster Relief – Temporary Waiver of Co- payments; Flexibilities Related to Processing and Renewal Requirements for State or Federally Declared Disaster Area 03/12/20. Amend. 22: Health Services
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-4
Effective Date: [07/01/21] 4 Approval Date___________ Initiative – Poison Control Centers 07/01/21.
Transmittal Number SPA Group PDF Description Superseded Plan Section(s) VA-13-15
Effective/Implementation Date: January 1, 2014
VA-14-0020
Effective/Implementation Date: January 1, 2015
MAGI Eligibility & Methods CS7
CS13
CS15
CS10
Eligibility – Targeted Low Income Children
Eligibility - Deemed Newborns
MAGI-Based Income Methodologies
Eligibility – Children Who Have Access to Public Employee Coverage Supersedes the current sections Geographic Area 4.1.1; Age 4.1.2; and Income 4.1.3
Incorporate under section 4.3
Incorporate within a separate subsection under section 4.3
Supersedes language in regard to dependents of public employees in Section 4.1.9
VA-14-0002
Effective/Implementation Date: January 1, 2014
XXI Medicaid Expansion CS3 Eligibility for Medicaid Expansion Program Supersedes the current Medicaid expansion section 4.0 VA-14-0025
Effective/Implementation Date: January 1, 2014 Establish 2101(f) Group CS14 Children Ineligible for Medicaid as a Result of the Elimination of Income Disregards Incorporate within subsection 4.4.1 VA-13-0018
Effective/Implementation Date: October 1, 2013 Eligibility Processing CS24 Eligibility Process Supersedes the current sections 4.3 and 4.4 VA-13-19
Effective/Implementation Date: January 1, 2014
Non- Financial Eligibility CS17
CS18
Non-Financial Eligibility – Residency
Non-Financial – Citizenship Supersedes the current section 4.1.5
Supersedes the current sections 4.1.0; 4.1.1-LR
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-8
Effective Date: [07/01/21] 8 Approval Date___________
In 2019, Virginia’s poison control centers responded to 68,000 calls for assistance, 61,700 of which were human poisoning exposures. Of these calls, 56 percent of cases involved children. Seventy-five percent of all pediatric cases were safely managed at the site of exposure, as opposed to a health care facility. If the poison center was called prior to any other action (e.g., calling 911 or self-referral to a hospital), then 90 percent of children were safely managed by the poison center, thereby preventing unnecessary emergency care. As these statistics demonstrate, most children with accidental poisoning can be safely managed by poison centers, preventing unnecessary 911 calls and emergency department visits. Prior studies indicate that up to 50 percent of callers would self-refer to an ED if a poison center was not available. According to research by the American Association of Poison Control Centers (AAPCC), poison centers save $1.8 billion annually in medical costs in the United States. Costs are saved by managing poisonings at home and reducing unnecessary ambulance rides, hospital days, and hospital transfer costs. Virginia estimates that in 2019 at least 12,000 pediatric ED visits were averted. Assuming an average cost of $1,000 (facility plus physician fee), prevention of 12,000 ED visits results in a conservative estimate of $12 million in annual savings to the Commonwealth.
According to U.S. Census Bureau American Community Survey estimates, approximately 31.5 percent of Virginia children are in households with incomes at or below 200% FPL. Applying these percentages to pediatric cases handled by Virginia’s Poison Control Centers, the Centers serve an estimated 10,350 low-income children per year.
Virginia’s 2020 Appropriations Act allocates a combined $2.5 million in state general funds and federal funds for the poison control centers starting in state fiscal year 2022, and directs DMAS to establish a HSI for the poison control centers to draw down CHIP federal matching funds at Virginia’s enhanced FMAP, effective July 1, 2021.
Total CHIP HSI funding to the Poison Control Centers (combined federal and state) will not exceed the share of the centers' budgets that goes toward providing services to children. This maximum amount is calculated by applying the percentage of calls involving children 0-18 in the most recent year for which data is available (e.g., 56% in 2019) to the combined total budgeted expenditures for the three centers. Subject to this cap, the amount allocated in the state budget will be distributed among the three centers using the state's established methodology, i.e., based on each center's share of total statewide call volume from the most recent annual report. Only Virginia calls are included in the totals.
HSI funding is only available to the extent that funds remain under the state's 10% CHIP administrative cap after accounting for all CHIP administrative expenses. The Commonwealth assures that funding under this HSI will not supplant or match CHIP federal funds with other federal funds, nor will it allow other federal funds to supplant or match CHIP federal funds.
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STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT
STATE: Virginia Page 10-9
Effective Date: [07/01/21] 9 Approval Date___________
CHIP Budget Plan
Federal Fiscal Year Costs – FFY 2021 Federal Fiscal Year Costs – FFY 2022 Enhanced FMAP rate 68.26% 65.00% Benefit Costs
Insurance payments
Managed care $366,989,805 $387,602,282 per member/per month rate @ # of eligible $203.02 @ 150,638 avg elig/mo $210.67 @ 153,321 avg elig/mo Fee for Service $77,401,175 $81,397,662 Cost of proposed SPA changes - Benefits $0 $0 Total Benefit Costs $444,390,980 $468,999,944 (Offsetting beneficiary cost sharing payments) $1 $1 Net Benefit Costs $444,390,980 $468,999,944
Administration Costs
Personnel $2,822,841 $3,037,786 General administration $625,221 $672,828 Contractors/Brokers (e.g., enrollment contractors) $19,664,576 $21,161,936 Claims Processing $6,137,094 $6,604,403 Outreach/marketing costs $510,521 $549,394 Health Services Initiatives $625,000 $2,500,000 Other $0 $0 Cost of proposed SPA changes - Administration $625,000 $2,500,000 Total Administration Costs $30,385,252 $34,526,348 10% Administrative Cost Ceiling $49,376,776 $52,111,105
Federal Share (multiplied by enh-FMAP rate) $324,082,256 $327,292,090 State Share $150,693,976 $176,234,202 TOTAL PROGRAM COSTS $474,776,232 $503,526,292
(spa-index)(p01)Virginia CHIP state plan amendments on medicaid.gov: SPA index page 1 of 1#
(spa-index)(p01)(block-1)CHIP State Plan Amendments#
Through this amendment, the state makes a number of technical updates to the state's previously approved Poison Control Health Services Initiative, as well as update the program's budget.
Approval Package
Through this SPA, the state makes several benefit changes to their CHIP state plan.
Approval Package
Through this SPA, the state provides 12 months of continuous eligibility (CE) coverage to individuals enrolled in its separate CHIP, pursuant to section 5112 of the Consolidated Appropriations Act, 2023 (CAA, 2023).
Approval Package
Through this SPA, the state has demonstrated compliance with the Inflation Reduction Act (IRA) section 11405(b)(1) to cover adult vaccines, without cost sharing. Additionally, this SPA documents the state’s compliance with the longstanding requirement to cover children’s vaccines under current regulations at 42 CFR §§ 457.410(b)(2) and 457.520(b)(4), which requires states to cover age-appropriate vaccines in accordance with the recommendations of the ACIP without cost sharing.
Approval Package
Approval Package
Approval Package
Approval Package
Approval Package
This amendment implements a health services initiative (HSI) to provide provide comprehensive coverage during the 60-day postpartum period for mothers of unborn children who receive FAMIS Prenatal services on a fee-for-service basis.
Approval Package
Approval Package
This amendment implements a health services initiative (HSI) to provide support for Virginia’s poison control centers.
Approval Package
Approval Package
Current State Plan
Approval Package
Approval Package
Approval Package
Approval Package
Approval Package
Approval Package
Approval Package
Approval Package
Approval Package
Approval Package
Approval Package
Approval Package
Final Approved State Plan
Approval Package
Approval Package
Factsheet
Current State Plan
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