3

106-20

Definitions – Comprehensive Assessment & Initial Assessment

The definitions for the Comprehensive Assessment and Initial Assessment imply these are separate documents. RRCS, like many organizations, uses one initial assessment that meets the comprehensive assessment requirements.

Separating these assessments will have a significant impact on our Same Day Access (SDA) process. This is also contrary to the direction DMAS is taking to streamline assessments.

Recommend language such as “the comprehensive assessment may be completed at the time of initial assessment if it includes all the elements of the comprehensive assessment.” This allows providers to develop forms that meet their needs and accommodates their intake procedures.

21

106-60. F

Inspection Requirements

It is not feasible for providers to produce records within one hour of a request. The number of records requested and the availability of staff authorized to create auditor accounts in an EHR impact the response time.

Recommend changing the requirement for “Any records…shall be available to department staff in a timely manner.”

22

106-80. A

Changes to Licenses & Notifications to the Department

The requirement to have service modification requests submitted at least 45 days in advance of procedures removes the flexibility for providers to respond to program and community needs.

We request this be removed.

32

106.240.A.3

Criminal Background and Registry Searches – Action Within 3 Business Days

This request is unreasonable as candidates need to have

the ability to review, challenge, and amend the findings.

Allowing only 3 days to make a final decision on the

continued employment is unrealistic within that

timeframe. Furthermore, the Virginia Code provides

candidates the ability to review and request an

investigation upon receipt of their findings. 

We recommend that the three days be amended to 14

business days of receipt. 

32-33

106-240.B.3

Criminal Background and Registry Searches – Annual Background Checks

Requiring background checks on a minimum of 20% of

all existing employees annually creates a significant

financial and administrative burden on providers.

Instead of running annual criminal checks on the entire

workforce, the regulation should be amended to run a

percentage of the workforce as a sample population. 

Running background checks on the entire workforce

would be an administrative burden, very costly, and

unrealistic. Sample population(s) are more directed and

identify the population of staff that directly interact

with clients. We propose that the population focus on

direct staff, medical, and clinical staff.