As defined in these regulations, “Person centered” means focusing on the needs and preferences of the individual, empowering and supporting the individual in defining the directions for his/her life, and promoting self-determination, community involvement and recovery.

Is it the intention of these regulations to ensure systematic, consistent and dependable partnering with people receiving services to advocate for themselves in a manner so clearly explained in the above statement, regardless of the involvement of guardians, family members or authorized representatives; and regardless, as well, of the individual’s ability to initiate and sustain self-advocacy?

If so, the current system would have to change to ensure this. What would these changes be?

12VAC35-115-105 Behavior Treatment Plans

Section D - Is it the intention of these regulations to require that all plans be reviewed and approved by an independent review committee prior to implementation, including when rights issues and/or restrictions are not present?

If so, who would the members of this committee be, and how would the flexible and responsive support so critical to successful behavioral support services be delivered effectively with this requirement?

12VAC35-115-175 Human rights complaint process

Section C.1 – Clarify how the provider is to notify the department.

12VAC35-115-175 Human rights complaint process

Section F. 3 – Amend to state, “ The program director shall  notify the department and the authorized representative, if applicable, of an allegation of abuse or neglect within 24 hours or the next business day, of the receipt of the allegation”. Additionally, clarify how the provider is to notify the department.

Section F. 5 – A provider is required to submit information regarding the investigation and the findings via CHRIS which the human rights advocate has access to currently. Submitting the investigation and findings in writing to the human rights advocate is redundant.  

12VAC35-115-230 Provider requirements for reporting

Section A. 2 – Amend to state, “ ..within 24 hours, or the next business day, of receipt of the allegations”.

Section A. 3 – A provider is required to submit information regarding the investigation and the findings via CHRIS which the human rights advocate has access to currently. Submitting the investigation and findings in writing to the human rights advocate is redundant.