Action:
Amendments to ensure that licensing and human rights regulations support high-quality mental health services.
Action 6475
General Information
| Action Summary |
The 2024 Session of the General Assembly directed the State Board of Behavioral Health and Developmental Services to amend its regulations to ensure they support high-quality crisis services. Crisis services are unique among the services that Department of Behavioral Health and Developmental Services (DBHDS) licenses due to their acute nature. The current Licensing Regulations do not make the necessary distinctions to best serve individuals experiencing crisis or ensure providers have the tools they need to best implement their crisis services. These amendments create a new section VIII of the Licensing Regulations named Crisis Services tailored to crisis receiving centers, community-based crisis stabilization, crisis stabilizations units, and REACH providers (“REACH” is an acronym for (regional/education/assessment/crisis services/habitation). Most of the provisions included in the action were developed over the course of a year in a part of DBHDS’ overall regulatory overhaul efforts and were carefully vetted by both internal subject matter experts as well as providers as part of a regulatory advisory panel convened for that larger effort. Regulatory advisory panel meetings were held in the summer of 2023 on June 20th, June 27th, and July 11th, and draft language was included in a general notice with a public comment forum that ended on March 14, 2024. Additional clarifying provisions were developed to specifically address the most recent General Assembly mandate.
This exempt action amends regulations two regulatory chapters to ensure regulatory support of high-quality mental health services and that the regulations align with the changes being made to the Medicaid behavioral health regulations for services funded in this Act in support of the Governor’s Right Help, Right Now Behavioral Health Transformation Plan.
|
| Chapters Affected |
| |
VAC |
Chapter Name |
Action Type |
| Primary |
12 VAC 35-105 |
Rules and Regulations For Licensing Providers by the Department of Behavioral Health and Developmental Services |
Amend Existing Regulation
|
| Other chapters |
| |
12 VAC 35 - 115 |
Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services |
Amend Existing Regulation
|
|
| Executive Branch Review |
This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and
will be reviewed by the Governor's Office.
|
| RIS Project |
Yes [7796] |
|
Is Federal action a driving factor in this regulatory change? If so, please provide a specific reference to the law, regulation
or court case.
No
|
| Associated Mandates |
SB569 High quality crisis services; seclusion.
|
| New Periodic Review |
This action will not be used to conduct a new periodic review.
|
Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
|
10344
|
Final
|
Submitted to the Registrar and awaiting publication (06/17/2024). |
Contact Information
|
Name / Title:
|
Susan Puglisi
/
Regulatory Research Specialist
|
|
Address:
|
DBHDS - Jefferson Building
1220 Bank Street, 4th Floor
Richmond, 23219
|
|
Email Address:
|
susan.puglisi@dbhds.virginia.gov
|
|
Phone:
|
(804)371-2709
FAX: (804)371-4609
TDD: (804)371-8977
|
