Violations of regulations documented by the department that demonstrate multiple or repeat defects in the operation of one or more services - Please consider a percentage based systematic definition due to the differences in sizes of organizations for a more accurate definition of a systematic deficiency versus 2 occurrences. From our understanding the DOJ Settlement requires that 86% of incidents be required in the 24 hour timeframe. We feel that this approach fails to use existing data or current percentages, which vary by size of provider. We would ask that existing CHRIS data is used to establish base rates by a provider. In addition, agencies have multiple sites licensed under the same type of license, this does not take into consideration that a provider may have sites offering the same service under a different chain of command.
Regulation 12VAC35-105-160.D.2. of the Licensing Regulations requires providers of all services to report all Level II and Level III serious incidents using the department's web-based reporting application and by telephone to anyone designated by the individual to receive such notice and to the individual's authorized representative within 24 hours of discovery. - Most late reporting is due to weekend coverage or human error mistakes by reporting staff. We would request to change the 24 hour reporting period to the next business day to alleviate the majority of late reporting in these areas.
When the provider must update an incident report in CHRIS after the initial submission, the provider must do so within 48 hours from the initial submission of the incident report, or from the time that the provider is informed by the IMU of the need to update the report, whichever is later. - 48 hrs presents significant limitation to providers and inability to provide crucial details in such circumstances that medical clearance or placement takes full amount of time, cause of illness or death is unknown, or individual is missing and has not been located within 48 hours. The required timeframe to submit updates to Serious Incident Reports in CHRIS should be considered to be two business days.
CHRIS System Errors and Network Outages - Is this just a notification process when reporting is unavailable or alternate reporting method where all info should be sent? Can you please clarify that this will not lead to citations when situations out of providers control arise such as complete power or system failure when internet to CHRIS and email are not available?
Beginning June 15, 2020, the Office of Licensing will implement progressive citation protocols to address repeat violations of serious incident documentation and reporting requirements. - Progressive Action for Repeat Citations should not be in effect as of June 15th, since the review of the document is not yet complete. This should not go into effect until the document has been reviewed and comments have been considered.
When issued related to the reporting of serious incidents, deaths, or allegations of abuse or neglect within a two year period - Please give further clarification on the two year time frame for tracking citations. When does the two years begin and end? Is this a fiscal year or a calendar year?
Progressive Actions for Citations -If a provider receives a fourth citation what is the process the provider will need to take in order to regain their license? Also will there be any type of appeal process for the progressive citations?