{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/32.1-323.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/32.1-323.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/32.1-323.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/32.1-323.4.html"}],"law_id":359497,"edition_id":2,"section_id":359497,"structure_id":51418,"section_number":"32.1-323.4","catch_line":"Department to facilitate transition of persons between certain waiver programs","history":"2020, c. 925.","full_text":"A\n\nTo ensure that persons considering transitioning from the Home and Community-Based Services waiver program to the Medicaid Works program have sufficient information to make an informed choice regarding such transition, the Department shall establish a process for (i) conducting a comprehensive needs assessment of a person who chooses to participate in the Medicaid Works program to determine the services such person may need to live and fully participate in his community and (ii) developing a plan of support for such person to guide the person in selection of the best waiver program for his needs.\n\nB\n\nThe Department shall establish a process to enable a person who transitions from a Home and Community-Based Services waiver program to the Medicaid Works program to retain his Home and Community-Based Services waiver slot for up to 180 days following the date of such transition.\n\nC\n\nThe Department shall establish a process to give priority to individuals previously receiving services through the Home and Community-Based Services waiver program who transitioned to the Medicaid Works program and who subsequently seek to resume services through the Home and Community-Based Services waiver program.\n\n","order_by":null,"text":{"0":{"id":1337464,"text":"To ensure that persons considering transitioning from the Home and Community-Based Services waiver program to the Medicaid Works program have sufficient information to make an informed choice regarding such transition, the Department shall establish a process for (i) conducting a comprehensive needs assessment of a person who chooses to participate in the Medicaid Works program to determine the services such person may need to live and fully participate in his community and (ii) developing a plan of support for such person to guide the person in selection of the best waiver program for his needs.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1337465,"text":"The Department shall establish a process to enable a person who transitions from a Home and Community-Based Services waiver program to the Medicaid Works program to retain his Home and Community-Based Services waiver slot for up to 180 days following the date of such transition.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1337466,"text":"The Department shall establish a process to give priority to individuals previously receiving services through the Home and Community-Based Services waiver program who transitioned to the Medicaid Works program and who subsequently seek to resume services through the Home and Community-Based Services waiver program.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":51418,"edition_id":2,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":51417,"metadata":{"child_laws":43,"child_structures":0},"date_created":"2026-08-02 02:42:13","date_modified":"2026-08-02 12:32:26","permalink":{"id":1428357,"object_type":"structure","relational_id":51418,"identifier":"1","token":"32.1\/10\/1","url":"\/32.1\/10\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51417,"edition_id":2,"name":"Department of Medical Assistance Services","identifier":"10","label":"chapter","depth":2,"order_by":14,"parent_id":51343,"metadata":{"child_laws":51,"child_structures":4},"date_created":"2026-08-02 02:42:13","date_modified":"2026-08-02 12:32:26","permalink":{"id":1428355,"object_type":"structure","relational_id":51417,"identifier":"10","token":"32.1\/10","url":"\/32.1\/10\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51343,"edition_id":2,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":75,"parent_id":null,"metadata":{"child_laws":857,"child_structures":128},"date_created":"2026-08-02 02:40:53","date_modified":"2026-08-02 12:32:12","permalink":{"id":1428101,"object_type":"structure","relational_id":51343,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":359498,"structure_id":51418,"section_number":"32.1-323","catch_line":"Department of Medical Assistance Services","url":"\/32.1-323\/","token":"32.1\/10\/1\/32.1-323","metadata":false},{"id":359494,"structure_id":51418,"section_number":"32.1-323.1","catch_line":"Department to submit forecast of expenditures","url":"\/32.1-323.1\/","token":"32.1\/10\/1\/32.1-323.1","metadata":false},{"id":359495,"structure_id":51418,"section_number":"32.1-323.2","catch_line":"Elimination of waiting lists for certain waivers","url":"\/32.1-323.2\/","token":"32.1\/10\/1\/32.1-323.2","metadata":false},{"id":359496,"structure_id":51418,"section_number":"32.1-323.3","catch_line":"Dependents of foreign service members; waiting lists for certain waivers","url":"\/32.1-323.3\/","token":"32.1\/10\/1\/32.1-323.3","metadata":false},{"id":359497,"structure_id":51418,"section_number":"32.1-323.4","catch_line":"Department to facilitate transition of persons between certain waiver programs","url":"\/32.1-323.4\/","token":"32.1\/10\/1\/32.1-323.4","metadata":false},{"id":359502,"structure_id":51418,"section_number":"32.1-324","catch_line":"Board of Medical Assistance Services","url":"\/32.1-324\/","token":"32.1\/10\/1\/32.1-324","metadata":false},{"id":359499,"structure_id":51418,"section_number":"32.1-324.1","catch_line":"Authority to administer oaths, conduct hearings; obtaining relevant documents and other information","url":"\/32.1-324.1\/","token":"32.1\/10\/1\/32.1-324.1","metadata":false},{"id":359500,"structure_id":51418,"section_number":"32.1-324.2","catch_line":"Director to facilitate communication","url":"\/32.1-324.2\/","token":"32.1\/10\/1\/32.1-324.2","metadata":false},{"id":359501,"structure_id":51418,"section_number":"32.1-324.3","catch_line":"Uninsured Medical Catastrophe Fund established","url":"\/32.1-324.3\/","token":"32.1\/10\/1\/32.1-324.3","metadata":false},{"id":359514,"structure_id":51418,"section_number":"32.1-325","catch_line":"Board to submit plan for medical assistance services to U.S. Secretary of Health and Human Services pursuant to federal law; administration of plan; contracts with health care providers","url":"\/32.1-325\/","token":"32.1\/10\/1\/32.1-325","metadata":false},{"id":359503,"structure_id":51418,"section_number":"32.1-325.001","catch_line":"Repealed","url":"\/32.1-325.001\/","token":"32.1\/10\/1\/32.1-325.001","metadata":false},{"id":359504,"structure_id":51418,"section_number":"32.1-325.01","catch_line":"Certain term life insurance considered resources","url":"\/32.1-325.01\/","token":"32.1\/10\/1\/32.1-325.01","metadata":false},{"id":359505,"structure_id":51418,"section_number":"32.1-325.02","catch_line":"Determinations of assets; disclaimers of interests to be considered uncompensated transfers of assets for Medicaid eligibility purposes under certain circumstances","url":"\/32.1-325.02\/","token":"32.1\/10\/1\/32.1-325.02","metadata":{"court_decisions":{"0":{"name":"Commonwealth v. Puckett","case_number":"1220596","citation":null,"date":"2023-11-22","url":"https:\/\/www.courtlistener.com\/opinion\/9443890\/commonwealth-v-puckett\/","abstract":" .\u202f.\u202f. PRESENT: Goodwyn, C.J., Powell, Kelsey, McCullough, Chafin, and Mann, JJ., and Millette, .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"1":{"name":"Toulson v. Ampro Fisheries, Inc.","case_number":"Civ. No. 3:94CV433","citation":"872 F. Supp. 271","date":"1995-01-10","url":"https:\/\/www.courtlistener.com\/opinion\/8728394\/toulson-v-ampro-fisheries-inc\/","abstract":" .\u202f.\u202f. MEMORANDUM .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"},"2":{"name":"Children's Hospital of the King's Daughters, Inc. v. Price","case_number":"ACTION NO. 2:17cv139","citation":"258 F. Supp. 3d 672","date":"2017-06-20","url":"https:\/\/www.courtlistener.com\/opinion\/7326023\/childrens-hospital-of-the-kings-daughters-inc-v-price\/","abstract":" .\u202f.\u202f. OPINION AND ORDER .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}}}},{"id":359506,"structure_id":51418,"section_number":"32.1-325.03","catch_line":"Legal presence required for certain state and local public benefits; exceptions; definitions; proof of legal presence","url":"\/32.1-325.03\/","token":"32.1\/10\/1\/32.1-325.03","metadata":false},{"id":359507,"structure_id":51418,"section_number":"32.1-325.04","catch_line":"Eligibility for medical assistance; individuals confined in state correctional facilities","url":"\/32.1-325.04\/","token":"32.1\/10\/1\/32.1-325.04","metadata":false},{"id":359508,"structure_id":51418,"section_number":"32.1-325.1","catch_line":"Appeals of agency determinations","url":"\/32.1-325.1\/","token":"32.1\/10\/1\/32.1-325.1","metadata":false},{"id":359509,"structure_id":51418,"section_number":"32.1-325.1:1","catch_line":"Definitions; recovery of overpayment for medical assistance services","url":"\/32.1-325.1_1\/","token":"32.1\/10\/1\/32.1-325.1_1","metadata":false},{"id":359510,"structure_id":51418,"section_number":"32.1-325.2","catch_line":"Department is payor of last resort","url":"\/32.1-325.2\/","token":"32.1\/10\/1\/32.1-325.2","metadata":false},{"id":359511,"structure_id":51418,"section_number":"32.1-325.3","catch_line":"Disclosure or use of information for purpose not connected with medical assistance program; Department not subject to certain disclosure","url":"\/32.1-325.3\/","token":"32.1\/10\/1\/32.1-325.3","metadata":{"court_decisions":""}},{"id":359512,"structure_id":51418,"section_number":"32.1-325.4","catch_line":"Penalty for violation","url":"\/32.1-325.4\/","token":"32.1\/10\/1\/32.1-325.4","metadata":{"court_decisions":""}},{"id":359513,"structure_id":51418,"section_number":"32.1-325.5","catch_line":"State pharmacy benefits manager","url":"\/32.1-325.5\/","token":"32.1\/10\/1\/32.1-325.5","metadata":false},{"id":359518,"structure_id":51418,"section_number":"32.1-326","catch_line":"Director may make payments to or for eligible persons in state-owned medical facilities","url":"\/32.1-326\/","token":"32.1\/10\/1\/32.1-326","metadata":false},{"id":359515,"structure_id":51418,"section_number":"32.1-326.1","catch_line":"Department to operate program of estate recovery","url":"\/32.1-326.1\/","token":"32.1\/10\/1\/32.1-326.1","metadata":{"court_decisions":""}},{"id":359516,"structure_id":51418,"section_number":"32.1-326.2","catch_line":"Pilot school\/community health centers","url":"\/32.1-326.2\/","token":"32.1\/10\/1\/32.1-326.2","metadata":false},{"id":359517,"structure_id":51418,"section_number":"32.1-326.3","catch_line":"Special education health services; memorandum of agreement between the Department of Education and the Department of Medical Assistance Services","url":"\/32.1-326.3\/","token":"32.1\/10\/1\/32.1-326.3","metadata":false},{"id":359519,"structure_id":51418,"section_number":"32.1-327","catch_line":"Claim against indigent's estate for payments made","url":"\/32.1-327\/","token":"32.1\/10\/1\/32.1-327","metadata":{"court_decisions":""}},{"id":359520,"structure_id":51418,"section_number":"32.1-328","catch_line":"Repealed","url":"\/32.1-328\/","token":"32.1\/10\/1\/32.1-328","metadata":false},{"id":359521,"structure_id":51418,"section_number":"32.1-329","catch_line":"Repealed","url":"\/32.1-329\/","token":"32.1\/10\/1\/32.1-329","metadata":false},{"id":359530,"structure_id":51418,"section_number":"32.1-330","catch_line":"Long-term services and supports screening required","url":"\/32.1-330\/","token":"32.1\/10\/1\/32.1-330","metadata":false},{"id":359523,"structure_id":51418,"section_number":"32.1-330.01","catch_line":"Reports related to long-term services and supports","url":"\/32.1-330.01\/","token":"32.1\/10\/1\/32.1-330.01","metadata":{"court_decisions":""}},{"id":359524,"structure_id":51418,"section_number":"32.1-330.02","catch_line":"Average hourly payment rates; publication","url":"\/32.1-330.02\/","token":"32.1\/10\/1\/32.1-330.02","metadata":{"court_decisions":""}},{"id":359525,"structure_id":51418,"section_number":"32.1-330.1","catch_line":"Department to implement premium assistance program for HIV-positive individuals","url":"\/32.1-330.1\/","token":"32.1\/10\/1\/32.1-330.1","metadata":false},{"id":359526,"structure_id":51418,"section_number":"32.1-330.2","catch_line":"Medicaid managed care programs; program information documents; plain language required","url":"\/32.1-330.2\/","token":"32.1\/10\/1\/32.1-330.2","metadata":false},{"id":359527,"structure_id":51418,"section_number":"32.1-330.3","catch_line":"Operation of a PACE plan; oversight by Department of Medical Assistance Services","url":"\/32.1-330.3\/","token":"32.1\/10\/1\/32.1-330.3","metadata":false},{"id":359528,"structure_id":51418,"section_number":"32.1-330.4","catch_line":"Uniform assessment instrument for PACE plans","url":"\/32.1-330.4\/","token":"32.1\/10\/1\/32.1-330.4","metadata":false},{"id":359529,"structure_id":51418,"section_number":"32.1-330.5","catch_line":"Reports related to eligibility renewal","url":"\/32.1-330.5\/","token":"32.1\/10\/1\/32.1-330.5","metadata":false},{"id":359545,"structure_id":51418,"section_number":"32.1-331","catch_line":"Repealed","url":"\/32.1-331\/","token":"32.1\/10\/1\/32.1-331","metadata":{"court_decisions":{"0":{"name":"Fralin v. Kozlowski","case_number":"Record No. 0289-93-3","citation":"447 S.E.2d 238","date":"1994-07-26","url":"https:\/\/www.courtlistener.com\/opinion\/1320305\/fralin-v-kozlowski\/","abstract":" .\u202f.\u202f. 447 S.E.2d 238 (1994) .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"}}}},{"id":359531,"structure_id":51418,"section_number":"32.1-331.01","catch_line":"Health Care Coverage Assessment Fund","url":"\/32.1-331.01\/","token":"32.1\/10\/1\/32.1-331.01","metadata":{"court_decisions":""}},{"id":359532,"structure_id":51418,"section_number":"32.1-331.02","catch_line":"Health Care Provider Payment Rate Assessment Fund","url":"\/32.1-331.02\/","token":"32.1\/10\/1\/32.1-331.02","metadata":{"court_decisions":""}},{"id":359533,"structure_id":51418,"section_number":"32.1-331.03","catch_line":"Process for payment directly to nursing facility or ICF\/MR","url":"\/32.1-331.03\/","token":"32.1\/10\/1\/32.1-331.03","metadata":false},{"id":359534,"structure_id":51418,"section_number":"32.1-331.04","catch_line":"Personal care aides; orientation program","url":"\/32.1-331.04\/","token":"32.1\/10\/1\/32.1-331.04","metadata":{"court_decisions":""}},{"id":359535,"structure_id":51418,"section_number":"32.1-331.05","catch_line":"Coordinated specialty care; work group","url":"\/32.1-331.05\/","token":"32.1\/10\/1\/32.1-331.05","metadata":{"court_decisions":""}},{"id":359536,"structure_id":51418,"section_number":"32.1-331.06","catch_line":"Annual review of medications and treatment for sickle cell disease; report","url":"\/32.1-331.06\/","token":"32.1\/10\/1\/32.1-331.06","metadata":false}],"previous_section":{"id":359496,"structure_id":51418,"section_number":"32.1-323.3","catch_line":"Dependents of foreign service members; waiting lists for certain waivers","url":"\/32.1-323.3\/","token":"32.1\/10\/1\/32.1-323.3","metadata":false},"next_section":{"id":359502,"structure_id":51418,"section_number":"32.1-324","catch_line":"Board of Medical Assistance Services","url":"\/32.1-324\/","token":"32.1\/10\/1\/32.1-324","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-323.4\/","history_text":"<p>This law was first created in 2020. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0925\">925<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1428375,"object_type":"law","relational_id":359497,"identifier":"32.1-323.4","token":"32.1\/10\/1\/32.1-323.4","url":"\/32.1-323.4\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/32.1-323.4\/","token":"32.1\/10\/1\/32.1-323.4","dublin_core":{"Title":"Department to facilitate transition of persons between certain waiver programs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-323.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> To ensure that <span class=\"dictionary\">persons<\/span> considering transitioning from the Home and Community-Based Services <span class=\"dictionary\">waiver<\/span> program to the Medicaid Works program have sufficient information to make an informed choice regarding such transition, the <span class=\"dictionary\">Department<\/span> shall establish a process for (i) conducting a comprehensive needs assessment of a <span class=\"dictionary\">person<\/span> who chooses to participate in the Medicaid Works program to determine the services such <span class=\"dictionary\">person<\/span> may need to live and fully participate in his community and (ii) developing a plan of support for such <span class=\"dictionary\">person<\/span> to guide the <span class=\"dictionary\">person<\/span> in selection of the best <span class=\"dictionary\">waiver<\/span> program for his needs. <a id=\"paragraph-1337464\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-323.4\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">Department<\/span> shall establish a process to enable a <span class=\"dictionary\">person<\/span> who transitions from a Home and Community-Based Services <span class=\"dictionary\">waiver<\/span> program to the Medicaid Works program to retain his Home and Community-Based Services <span class=\"dictionary\">waiver<\/span> slot for up to 180 days following the date of such transition. <a id=\"paragraph-1337465\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-323.4\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">Department<\/span> shall establish a process to give priority to individuals previously receiving services through the Home and Community-Based Services <span class=\"dictionary\">waiver<\/span> program who transitioned to the Medicaid Works program and who subsequently seek to resume services through the Home and Community-Based Services <span class=\"dictionary\">waiver<\/span> program. <a id=\"paragraph-1337466\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-323.4\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEPARTMENT TO FACILITATE TRANSITION OF PERSONS BETWEEN CERTAIN WAIVER PROGRAMS\n(\u00a7 32.1-323.4)\n\nA. To ensure that persons considering transitioning from the Home and\nCommunity-Based Services waiver program to the Medicaid Works program have\nsufficient information to make an informed choice regarding such transition, the\nDepartment shall establish a process for (i) conducting a comprehensive needs\nassessment of a person who chooses to participate in the Medicaid Works program\nto determine the services such person may need to live and fully participate in\nhis community and (ii) developing a plan of support for such person to guide the\nperson in selection of the best waiver program for his needs.\n\nB. The Department shall establish a process to enable a person who transitions\nfrom a Home and Community-Based Services waiver program to the Medicaid Works\nprogram to retain his Home and Community-Based Services waiver slot for up to\n180 days following the date of such transition.\n\nC. The Department shall establish a process to give priority to individuals\npreviously receiving services through the Home and Community-Based Services\nwaiver program who transitioned to the Medicaid Works program and who\nsubsequently seek to resume services through the Home and Community-Based\nServices waiver program.\n\nHISTORY: 2020, c. 925.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}