1. With respect to the criteria defining "serious incident", please provide clarity regarding:

Item 3, "an individual who is missing for any period of time".  There are a variety of levels of accountability as it pertains to the whereabouts of an individual and staff may not always know where a person is (dignity of risk).  This provision needs clarification since we serve individuals who expect that their services will not infringe on their personal rights to move about their community freely.

Item 4 "Hospital Admission" Because hospital admission can take place as part of a routine or planned medical service, please qualify this provision as "Unplanned Hospital Admission".

2. Regarding section  12VAC35-105-160 section E, please confine the root cause analysis to Levels 2 and 3 incident reports.  Root cause analysis is not necessary for Level 1 reports since quarterly reviews of level 1 incidents are required and should suffice for this level.

3. Section 12VAC35-105-400, which requires a criminal background check prior to hiring, is an extremely problematic provision for providers and inhibits the hiring process. It is also an expensive provision (actual costs and man- hours) as criminal history checks would now be done on individuals who may not actually accept an offer of hire.  Also of note is the question of privacy invasion for individuals who have not yet entered into an employment agreement with the potential employer. 

4. Section 12VAC35-105-400, item B is also very problematic in its overall effect of slowing down the hiring process when responses can take well over 30 days.  Additionally, language in item B which requires the provider to obtain personal information prior to employment (such as age) in order to submit this form violates protections of applicants with respect to what personal information a perspective employer may or may not ask for.   Regarding item E of this section, this provision should be altered to "upon hire" and remove the "prior to hiring" requirements.  This item as written is extremely problematic to the hiring process.