Section 

Comment 

Action 

12VAC-35-105-20 Definitions 

The proposed definition of “serious incident’ does not sufficiently identify serious incidents and could result in significant over-interpretation.  

Remove ‘or could cause harm…” 

Level II Serious Incident – Guidance Doc 

Requiring a licensed residential provider to report on an incident that occurs within the confines of another licensed program/setting will cause the data regarding serious incidents to be inaccurate due to duplicate reporting of the same incident.  It is also inefficient for staff in both settings.  

Remove the example at the top of page two related to this requirement and remove the language regarding residential providers being required to report all incidents as it goes beyond what the regulations require. 

Ingestion of any hazardous material 

The example is to broad and makes this reporting requirement unmanageable. Add the clarification that if medical treatment is necessary after consulting Poison Control then the incident is reportable.   

Unplanned Medical Hospitalization 

The provider cannot control when a hospital might admit someone for observation vs. treatment and it would seem that if someone is admitted for observation only, the incident does not meet the requirement to report.  

12VAC35-105-320 Fire inspections 

If a provider is scheduled only  to provide services on certain days of the week and is not present during a fire, the provider cannot staff to evacuate during a fire. 

Distinguish between types of providers as previously done in regulation. “Does not apply to non-center based providers.” 

12VAC35-105-520 Risk Management 

Section A. 

Clarify what DBHDS will accept to support expertise or DBHDS should provide a training available to providers that meets criteria. 

12VAC35-105-590 Provider Staffing Plan 

Adequate number of staff required to safely evacuate all individuals during an emergency 

Distinguish between types of providers as previously done in regulation. “Does not apply to non-center based providers.” 

12VAC35-105-660 Individualized Services plan (ISP) 

Section D. 

Clarify that this is the role of the case manager not each provider.