12VAC-35-105-20

Group Home Definition:

The addition of the line, “that provides 24-hour supervision by persons in direct care positions who do not live in the home.” is problematic and will decrease service options and choice for individuals receiving Waiver Services. There are group home models in Waiver Services that utilize DSPs who live in the home. Remove, “who do not live in the home” from the definition.

Serious Incident Definition:

Level II, (3), "an individual who is missing for any period of time".  This is too broad of a statement and needs clarity. There should be different criteria depending on the level of supervision required, the environment or circumstances.

Level II, (4) "Hospital Admission" Hospital Admissions often take place as part of a routine or planned medical service, please qualify this provision as "Unplanned Hospital Admission".

12VAC35-105-160

Root Cause Analysis: Level I review, described in 160 C, is sufficient for a Level I incident.  Exempt Level I incidents from requiring root cause analysis and limit that to Level II and III incidents.

12VAC35-105-400 E

Requires a criminal background check prior to hiring. This is problematic for providers and inhibits the hiring process. Code of Virginia §19.2-389 A 29 specifies that a criminal background check may be completed for “applicant who accepts employment in any direct care position” – to process a criminal background check the offer of employment must have been made and accepted.