| 12/6/2010 8:57 am Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
|
Virginia Register Publication Information
|
Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
| Promulgating Board: | State Board of Behavioral Health and Developmental Services |
| Regulatory Coordinator: | Linda B. Grasewicz (804)786-0040 linda.grasewicz@dbhds.virginia.gov |
| Agency Contact: | Linda B. Grasewicz Regulatory Coordinator (804)786-0040 linda.grasewicz@dbhds.virginia.gov |
| Contact Address: | Department of Behavioral Health and Developmental Services 1220 Bank Street Richmond, VA 23218-1797 |
| Chapter Affected: | |
| 12 vac 35 - 115: | Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services |
| Statutory Authority: |
State: Section 37.2-400 of the Code of Virginia Federal: |
| Date Petition Received | 09/14/2010 |
| Petitioner | Steven Shoon |
Amend 12 VAC 35-115-90 to include the statement that "clinical findings required to
be stated for denial or limitation of access to service records shall not be construed
as the reason required to be documented or explained under 12 VAC 35-115-100."
Agency Plan
The Board anticipates it will consider public comments on this request at its November
30, 2010 meeting and will then determine what appropriate action is required.
| Publication Date | 01/03/2011 (comment period will also begin on this date) |
| Comment End Date | 11/01/2010 |
Take no action
| Agency Response Date | 12/06/2010 |
This appears to be a practice issue. The stipulations of § 90 are based on the requirements
of the federal Health Insurance Portability and Accountability Act (HIPAA), while
the provisions of § 100 relate to everyday freedoms and have nothing to do with accessing
an individual's service record.