Virginia Regulatory Town Hall
Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services
Rules and Regulations For Licensing Providers by the Department of Behavioral Health and Developmental Services [12 VAC 35 ‑ 105]
Action Compliance with Virginia’s Settlement Agreement with US DOJ
Stage Final
Comment Period Ended on 7/22/2020
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7/21/20  12:43 pm
Commenter: Vickie Williams / United and Empowered Care

Guidance on Corrective Action Plans ( CAP) 12VAC35-105-170 12VAC35-105-20 -definitions

If a CAP  is returned o the provider a second time for failure to meet all requirements within 12VAC35-105-170.C, the licensing specialist ( remove will and add shall) have a phone call with the provider to provide technical assistance related to the criteria needed to create an acceptable CAP.

We submit that disagreement in how the provider has constructed their CAP should not prompt the 3rd citation. The provider may have submitted and implemented a CAP that effectively addresses the issue and the licensing specialist may not have agreed with the process even though it adequately mitigates the issue from reoccurring. 

Instead, we proposed the following:

  1. The licensing specialist shall meet with the provider and their team. Discuss their concerns and develop a viable solution.
  2. If the licensing specialist refuses to honor the CAP developed by the provider and their team an appeal process needs to be included. The case should be reviewed by a neutral party ( arbitrator, mediator, hearing officer) providers should be permitted to request a formal change to an official decision as appeals function both as a process for error correction as well as a process of clarifying and interpreting the law. 
CommentID: 83955