Virginia Regulatory Town Hall View Comments

Department of Behavioral Health and Developmental Services

State Board of Behavioral Health and Developmental Services

Guidance Document Change: The purpose of this memorandum is to remind DBHDS licensed providers of the requirements and expectations for reporting serious incidents to the DBHDS Office of Licensing, pursuant to 12VAC35-46-1070.C. and 12VAC35-105-160.D.2., including the timeframe for reporting incidents; the process for reporting incidents; the allowable timeframe for adding to, amending, or correcting information reported to the Office of Licensing through the Computerized Human Rights Information System (CHRIS); and to inform providers of the processes that the Office of Licensing will follow for issuing citations, repeat citations and sanctions for violations of serious incident reporting requirements. In addition to ensuring all providers understand the regulatory requirements associated with reporting incidents, the processes outlined in this memo are central to the department’s efforts to address compliance indicators related to serious incident reporting as mandated by the US Department of Justice’s (DOJ) Settlement Agreement with Virginia.

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7/21/20 12:35 pm

Commenter: Melissa Worrell

Citations

The language within this document places additional burden upon the provider community. This document moves into regulating through guidance. This language punishes providers who continue to report knowing the risk of citation outside of the 24 or 48 hour time frame. The steps of Progressive Action for Repeat Citations does not take into account agency size including number of locations or programs and places an unreasonable burden on larger providers that is almost impossible to fulfill. If the document is not pulled, it needs rewritten with input from stakeholders and includes language that takes into account provider size in relation to Progressive Action.

CommentID: 83942