Thank you for your work on the enhanced ADC regulations and the opportunity for additional comments. The Office of the State Long-Term Care Ombudsman is in complete agreement with the comments on notification made by The disAbility Law Center of Virginia.   In addition, after careful consideration and attention to suggestions from others, we would recomment additional detail be added to 22VAC40-61-120.

22VAC40-61-120 Reports of abuse, neglect and exploitation

B. The center shall notify the participant’s contact person or legal representative when a report is made as referenced in subsection A of this section, without identifying any confidential information.

Additional precision in needed in this section.  Working from the principle that participants have the right to be involved with their care and services received, and the right to designate a representative to act on their behalf when the participant desires, the participant and designated person should be informed when a referral has been made to APS involving the participant, in situations when the alleged perpetrator is another participant, visitor or staff of the Center, or transportation provider.  However, as others have noted, if the suspected abuse, neglect or exploitation is allegedly occurring at home or by the participant’s representative, notification of APS referral should not be made by the Center in order to avoid additional abuse, neglect or exploitation from occurring before APS is able to investigate.

Thank you for your consideration.