Virginia is in a period of flux.  Multiple changes are happening to the ID/DD Waiver system and it's implementation.  Individuals with higher medical and behavioral needs will be receiving higher rates of reimbursement and more individuals with these specialized needs will be discharged from Training Centers.  These are good things, that frankly are too long in coming.  Yet, at the same time, the changes in these regulations remove an extra layer of protection for the individuals when it comes to ensuring their Human Rights are protected.  LHRCs provide an external and independent level of protection for individuals receiving services.  While these changes allow for Human Rights Advocates to spend more time in the field, I fear that still may not be enough. 

As someone who has been a part of Local Human Rights Committees in a few capacities over the last twenty years, the value of these committees lies in the review, discussion, and feedback from people who are not employed by the state. These committees present a forum to question non-reporting practices of many providers.   It is rare for providers to report complaints to Human Rights - for example, complaints regarding take home medications (services), complaints of not being taken to church (dignity), complaints of being yelled at by staff (dignity/abuse). It is even more rare for a provider to actually put in writing that they are using restrictions in a behavioral plan or ISP.  The committee meetings are a place where it is reviewed regularly what a complaint is and that it must be reported, even if resolved informally.  Advocates and committee members are able to provide training to providers on a large scale at meetings, with all providers hearing the same words.  This is an important part of advocacy and ensuring implementation of the regulations. 

• The new regulations have removed the wording that states that in 115-50 which stated "If at any time the director has reason to suspect that an individual may have been abused or neglected, the director shall immediately report this information to the local Department of Social Services..."  Please reinstate this wording in 117-F - although all persons who work or volunteer at an agency covered by these regulations are mandated reporters, DSS reporting by agencies is often not completed per law.   ?
• I am in STRONG favor that the regulations seem to indicate that now ALL human rights complaints will have a letter to the individual and authorized representative with the resolution to the complaint within 10 business days. This includes complaints that are resolved at the program level.  This provides protection to both the individual and the agency. 
• In other comments I saw that it was requested that the wording be changed that the Human Rights Advocate be notified within 24 hours or "no later than the next business day".  If that request is to be honored, I request that a time be added to the next business day.  A complaint occurring at 6pm on a Friday and not reported until 4:50pm on Monday to the Department is much too long. 

Thank you for reading these comments.