Reg. #

12 VAC 35 -115

Regulation Title

Regulation

Proposed Change to the Regulation

175

Human Rights Complaint Process

B.5.  The individual shall receive a report with the director’s decision and action plan within 10 working days

 (consider 15 working days so the investigator has 10 working days and the director has another 5 days for the report).

175

Human Rights Complaint Process

C.7. Report the directors decision and action plan within 10 working days to the individual, authorized representative, if applicable, and human rights advocate.

(change 10 to 5 working days from the date the investigation was completed)

175

Human Rights Complaint Process

F.5. The investigator shall provide a written report of the results of the investigation of abuse or neglect to the director and to the human rights advocate within 10 working days from the date the investigation began unless an extension has been granted. 

 (Delete notifying the human rights advocate.  The advocate will be notified within 5 days of the completion of the investigation as stated in F.7.)

175

Human Rights Complaint Process

Should this be placed before section 150 to improve flow?

175

Human Rights Complaint Process

General

Shifting to one process is an improvement and, overall, the proposed regulations improve clarity.  However, the removal of the allowance for immediate resolution potentially magnifies normal problem solving to the level of an investigation and does not serve to improve efficiency or streamline process.

175

Human Rights Complaint Process

B, 1 - timeframe

Request amendment to read that the individual shall be contacted regarding the complaint within 24 hours or on the next business day.  This is consistent with C, 1 & 2 and is more appropriate.

175

Human Rights Complaint Process

E – policy review

While the content of policies and procedures is appropriate to have outlined in these regulations does of the review of this fall to Rights or Licensing - this does not specify, leaving  it open Maintaining this does not serve to streamline the administrative process or to eliminate redundancies.

175

Human Rights Complaint Process

F 5 Extension

No longer provides information about timeframe for requesting an extension.  Do these mean the request can be made as late as the 10th day?  Recommend that this be able to be done via CHRIS system, vs. CHRIS and a letter to Regional Advocate, to streamline process and reduce redundancy. 

175

Human Rights Complaint Process

F5 and 7 Reporting

Filing a report in CHRIS within 10 working days requires a determination of a finding and an action plan (5).  Therefore (7) should only require submission of the final decision and action plan to the individual/AR within 10 days of completion; OHR has this information already, which results in redundancy.