Virginia behavioral health providers have an important regulatory update to address in 2026. The Department of Behavioral Health and Developmental Services, known as DBHDS, has adopted emergency regulations to align its licensing requirements with Virginia’s redesigned Medicaid behavioral health services.
The emergency regulations became effective September 28, 2026, and remain in effect through March 27, 2028. DBHDS issued the update to licensed providers and stakeholders on October 1, 2026.
What Are the DBHDS Emergency Regulations?
The new emergency regulations amend Virginia’s 12VAC35 105 Licensing Regulations. They support the transition toward updated behavioral health services being developed by the Department of Medical Assistance Services, or DMAS.
The changes specifically address three service areas:
1. Community Psychiatric Support and Treatment, or CPST
2. Coordinated Specialty Care, or CSC
3. Recovery and Empowerment Centers, or REC
DBHDS states that these regulations align its licensing framework with changes to Virginia Medicaid behavioral health services.
However, providers should distinguish between licensing regulations that are already effective and the separate Medicaid service implementation timeline. DMAS currently states that the redesigned behavioral health services are scheduled to go live on July 1, 2027, with provider enrollment beginning October 1, 2026.
What Changed for Providers?
The emergency regulations establish or revise specific sections of 12VAC35 105 for REC, CPST, and CSC services.
>For Recovery and Empowerment Centers, DBHDS amended sections 12VAC35 105 20 and 12VAC35 105 30 and added sections 12VAC35 105 1412 through 1419.
For Community Psychiatric Support and Treatment, DBHDS amended sections 12VAC35 105 20, 12VAC35 105 30, and 12VAC35 105 1420 while adding sections 12VAC35 105 1421 through 1425.
>For Coordinated Specialty Care, DBHDS amended sections 12VAC35 105 20 and 12VAC35 105 30 and added sections 12VAC35 105 1426 through 1429.
These changes mean providers should not rely solely on previous policies or service descriptions when preparing to deliver the redesigned services.
Why This Matters for Behavioral Health Providers
The regulatory changes can affect how providers prepare their organizations for licensing, enrollment, and future service delivery.
DBHDS specifically advises providers applying to provide REC, CPST, or CSC services to review the new regulatory sections carefully. Providers should also ensure that their policies, procedures, staffing arrangements, and service descriptions satisfy the applicable requirements.
At the same time, DMAS encourages providers to prepare early for enrollment. Its September 2026 guidance states that enrollment for new provider specialties began October 1, 2026. DMAS also recommends that providers submit applications by January 29, 2027, to allow sufficient time for enrollment, credentialing, and service authorization transitions before the July 1, 2027 implementation date.
Therefore, waiting until the Medicaid implementation date could create unnecessary compliance and operational challenges.
Next Steps for Providers
Providers should begin by reviewing the applicable DBHDS emergency regulations for their intended service. Next, conduct an internal compliance review of policies, procedures, staffing qualifications, service descriptions, and supporting documentation. Providers should also review current DMAS enrollment requirements and prepare the necessary licensing and accreditation materials.
Finally, monitor official DBHDS and DMAS communications because the standard regulatory process is also underway. DBHDS has filed a Notice of Intended Regulatory Action, or NOIRA, to begin the process of making the amendments permanent.
Frequently Asked Questions
1. When did the DBHDS emergency regulations take effect?
The emergency regulations became effective September 28, 2026, and are scheduled to remain effective through March 27, 2028.
2. Which services do the new DBHDS regulations address?
The regulations address Recovery and Empowerment Centers, Community Psychiatric Support and Treatment, and Coordinated Specialty Care.
3. Do the emergency licensing regulations mean Medicaid services started immediately?
No. The DBHDS licensing regulations became effective September 28, 2026, but DMAS currently identifies July 1, 2027 as the go live date for the redesigned services.
4. What should providers review?
Providers should review the applicable emergency regulations and evaluate their policies, procedures, staffing, and service descriptions against the new requirements.
Final Thoughts
The DBHDS emergency regulations 2026 represent an important step in Virginia’s behavioral health services redesign. Providers should act now by reviewing the applicable requirements, strengthening internal compliance processes, and preparing for Medicaid enrollment and implementation.
Early preparation can help providers reduce compliance risks, avoid unnecessary delays, and position their organizations for a smoother transition as Virginia moves toward the redesigned behavioral health service system.
