Reg. #

12 VAC 35 -115

Regulation Title

Regulation

Proposed Change to the Regulation

230

Provider Requirements

A.2.  The director of a service licensed or funded by the department shall report each allegation of abuse or neglect via the web based reporting application within 24 hours of receipt of the allegation

 (add or the next business day.)

230

Provider Requirements

A.3.  The investigating authority shall provide a written report of the results of the investigation of abuse or neglect to the director within 10 working days from the date the investigation began unless an extension has been granted…

 (delete and human rights advocate.   Add the director has 5 working days to complete his/her report which shall include a,b,c. 

230

Provider Requirements

B.2.  The director of service licensed or funded by the department shall report deaths and serious injuries within 24 hours of discovery  and by telephone to the authorized representative within 24 hours.

(clarify in writing or via the web based reporting application)

(add or the next business day)

230

Provider Requirements

C.3.  Each instance of seclusion or restraint or both shall be compiled on a monthly basis …

 (Clarify this monthly compilation is just for the provider and continues to be submitted to DBHDS by January 15 annually)

230

Provider Requirements

C.4.  Any instance of seclusion or restraint that does not comply with this chapter or approved variances, or that results in injury to an individual, shall be reported to the authorized representative, as applicable, and to the department via the web based reporting application within 24 hours

(add serious)

(add or the next business day).

230

Provider Requirements

D- Presentation to LHRC

Specifies reporting of violations of Rights at LHRC, yet we’ve been asked to present (orally) unfounded/no violation cases.

Flip side – sometimes there is greater concern if providers only have unfounded/no violation cases.  Perhaps reporting at LHRC should be required on all.