Virginia Regulatory Town Hall
Agency
Department of Behavioral Health and Developmental Services
 
Board
State Board of Behavioral Health and Developmental Services
 
Guidance Document Change: Changes are made to this guidance document to reflect the final, permanent amendments in Action 5040 Compliance with Virginia’s Settlement Agreement with US DOJ, and documents recently published by the department related to those regulatory changes.
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10/12/20  1:59 pm
Commenter: Jennifer Fidura, Virginia Network of Private Providers

Guidance for Serious Incident Reporting
 

Given that the Department maintains it's threatening posture as outlined in the Guidance Document on Incident Reporting  (22 August, 2020) for failure to timely report; it is critical that the expectations which appear to exceed the regulations be clearly understood. 

The definition of a "Level II" incident is "a serious incident that occurs or originates during the provision of a service or on the premises of the provider."  The "guidance" expands that definition for a class of providers who provide residential service based on the assumption that 24 hour "support" includes exclusive services provision.  The second sentence of that definition is, "Residential services provide a range of living arrangements from highly structured and intensively supervised to relatively independent requiring a modest amount of staff support and monitoring."  The expectation that a residential provider is responsible to "verify" that another licensed provider has reported appropriately a Level II incident which occurred while they were providing service is both outside of their role and responsibility and requires an statement of fact that can not, by the provider, be verified. 

I note that you do not include in your guidance any reference to the responsibility for reporting any incident which may have occurred while with family for the weekend, or while in the hospital.  A trip to the store, part of the Support Plan, and therefore part of the service would seem to fall under the category of "during the provision of service." If the incident does not occur during the provision of services or on the provider's premises, there can not be any obligation/responsibility for reporting.

 

CommentID: 87356