| 10/17/2019 1:04 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
|
Virginia Register Publication Information
|
Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
| Promulgating Board: | State Board of Behavioral Health and Developmental Services |
| Regulatory Coordinator: | Ruth Anne Walker (804)225-2252 ruthanne.walker@dbhds.virginia.gov,susan.puglisi@dbhds.virginia.gov |
| Agency Contact: | Ruth Anne Walker Director of Regulatory Affairs (804)225-2252 ruthanne.walker@dbhds.virginia.gov |
| Contact Address: | Department of Behavioral Health and Developmental Services Jefferson Bldg. 1220 Bank St., 11th Floor Richmond, VA 23219 |
| Chapter Affected: | |
| 12 vac 35 - 105: | Rules and Regulations For Licensing Providers by the Department of Behavioral Health and Developmental Services |
| Statutory Authority: |
State: Virginia Code Sections 37.2-100 and §§ 37.2-400 - 37.2-432. Federal: |
| Date Petition Received | 08/14/2019 |
| Petitioner | R.C. Carter |
Initial Agency Notice
Date Received: August 5, 2019.
Title of Regulation: 12VAC35-105. Rules and Regulations for Licensing Providers by
the Department of Behavioral Health and Developmental Services.
Statutory Authority: § 37.2-400 of the Code of Virginia.
To develop a new regulation requiring providers to 1) Obtain verification from the
Virginia Employment Commission required under Virginia Unemployment Compensation Act,
§ 60.2-212.C. and 2) Submit an SS-8 Form to the Internal Revenue Service.
Agency Plan
The State Board of Behavioral Health and Developmental Services will consider this
petition at the next scheduled meeting after the close of the public comment period,
on October 9, 2019, at Western State Hospital, Staunton, Virginia.
| Publication Date | 09/02/2019 (comment period will also begin on this date) |
| Comment End Date | 09/22/2019 |
Take no action
| Agency Response Date | 10/17/2019 |
The petition was considered by the board at the regular meeting held on Wednesday,
October 9, 2019, at Western State Hospital in Staunton, Virginia. After reviewing
all of the information received, the board declined to pursue the suggestions on the
matter for the following reasons:
1. DBHDS does not enforce compliance with the Virginia Unemployment Compensation Act,
other state employment law, or federal tax law.
2. The Office of Regulatory Affairs conducted substantial research related to the
use of contract employees (for the response to periodic review draft) and as a result,
draft regulations propose amendments (during the planned response to periodic review
'overhaul' of the regulations) to account for the misuse of contract employees in
licensed services.