Virginia Regulatory Town Hall
Health and Human Resources
Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services
Petition 115
Petition Information
Petition Title Amend 12 VAC 35-115-90
Date Filed 9/14/2010    [Transmittal Sheet]
Petitioner Steven Shoon 
Petitioner's Request

Amend 12 VAC 35-115-90 to include the statement that "clinical findings required to be stated for denial or limitation of access to service records shall not be construed as the reason required to be documented or explained under 12 VAC 35-115-100."

Agency's Plan

The Board anticipates it will consider public comments on this request at its November 30, 2010 meeting and will then determine what appropriate action is required.

Comment Period Began 1/3/2011    Ended 11/1/2010
Agency Decision Take no action [Transmittal Sheet]    
Response Date 12/6/2010
Decision Publication Date Published on: 1/3/2011     Volume: 27  Issue: 9
Agency Decision Summary
This appears to be a practice issue. The stipulations of § 90 are based on the requirements of the federal Health Insurance Portability and Accountability Act (HIPAA), while the provisions of § 100 relate to everyday freedoms and have nothing to do with accessing an individual's service record.

Contact Information
Name / Title: Linda B. Grasewicz  / Regulatory Coordinator
Address: 1220 Bank Street
Richmond, 23218-1797
Email Address:
Telephone: (804)786-0040    FAX: (804)371-0092    TDD: ()-