Reg. #

12 VAC 35 -115

Regulation Title

Regulation

Proposed Change to the Regulation

100

Restrictions of freedoms of everyday life

A.1.g.  Freedom to make purchases in canteens, vending machines,… 

Delete the word canteens. 

100

Restrictions of freedoms of everyday life

5.  Providers shall obtain approval of the LHRC of any restriction imposed on an individual’s rights under this subsection or 12VAC35-115-50 that lasts longer than seven days or is imposed multiple times during a thirty-day time period. 

Requiring LHRC prior approval for a restriction lasting longer than 7 days or is imposed multiple times in 30 days is impractical.  Although these are rare events, committees only meet quarterly, have more providers on their rosters, and are comprised of volunteers.  Requests for special meetings become a burden on LHRC members and the advocates and cannot typically be scheduled at the last minute.  However, events requiring the imposition of additional restrictions on a time limited basis are often in response to urgent situations and there is a risk of harm to individuals if these have to wait for the next quarterly meeting.  Is there a more viable alternative?

100

Restrictions of freedoms of Everyday life

B-E -7 Program Rules

A regulation stating rules should be submitted to LHRC upon request of the advocate or LHRC results in inconsistent application of expectations across providers.  The nature of LHRC composition means different membership and chairs across time and impacts ability to set, articulate, and maintain consistent expectations.  How would LHRC members or advocates know rules have changed or should be looked at for other reasons?  If the true expectation is for rules to be presented whenever there are changes, then apply the language of 115-50, B 7 & 8 to all services.