12VAC35-105-20, Definitions of serious incidents – Level II definition, “Level II serious incident means a serious incident that occurs or originates during the provision of a services or on the premises of the provider…,” then #3. “An emergency room or urgent care facility visit when not used in lieu of a primary care physician visit.” These two sections of the definition are sometimes at odds. It is not at all uncommon for one provider to transport an individual to the ER or to urgent care in response to an injury that occurred elsewhere – in a group home, in the family home, during a ride with a transportation provider, etc. The regulation must clarify whether or not a provider categorizes transport to the ER or urgent care as a Level II incident, if the injury or illness did not originate during the provider’s services or on the provider’s premises.
