|Petition Title||R.C. Carter Petition for Rulemaking|
|Date Filed||8/27/2019 [Transmittal Sheet]|
Initial Agency Notice
Date Received: August 13, 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 amend 12VAC35-105-520. Risk Management., in accordance with the Virginia Court of Appeals in Gregory Allen Moyer v. Commonwealth of Virginia (2000), \\\\"when interpreting the law one must consider other sections of law in determining legislative intent,\\\\" in order that the new Office of Licensing Associate Director of State Operations develop and coordinate the oversight of the interpretation and implementation of the additional 42 policies and procedures that providers are required to have in writing in accordance with the HIPAA Act under Risk Analysis and Risk Management which can be found under the following sections 45 CFR §164.306, 45 CFR §164.308, 45 CFR §164.310, 45 CFR §164.312, 45 CFR §164.314, and 45 CFR §164.316.
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.
|Comment Period||Ended 10/6/2019 0 comments|
|Agency Decision||Take no action [Transmittal Sheet]|
|Agency Decision Summary||
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:
|Name / Title:||Ruth Anne Walker / Director of Regulatory Affairs|
1220 Bank St., 11th Floor
|Telephone:||(804)225-2252 FAX: (804)786-8623 TDD: (804)371-8977|