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Virginia Regulatory Town Hall
Department of Medical Assistance Services
Board of Medical Assistance Services
Waivered Services [12 VAC 30 ‑ 120]
Action Three Waivers (ID, DD, DS) Redesign
Stage Final
Comment Period Ends 3/31/2021
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3/31/21  4:17 pm
Commenter: Shirley Lyons

Henrico Area MH/DS comments - Supported Employment

12VAC30-122-180 - Orientation Testing; Professional Competency Requirements; Advanced Competency Requirements

    SUBSTANTIVE CHANGE not Supported or Authorized by Current Statute
DELETE Individual and Group Supported Employment from list of services. 
Unless the law is changed, DBHDS/DMAS does not have the authority to require Supported Employment providers to adhere to these requirements if they are DARS vendors of SE services and are CARF accredited. This language is statutory and was originally adopted by the General Assembly, signed by the Governor and chaptered in April 2019.  Also see comments in Section 12VAC300122-400 (Group and Individual SE) to add the following language as a Staff Competency exception.   

As originally adopted in Chapter 854, Acts of the Assembly 2019, the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services shall recognize the Certified Employment Support Professional (CESP) and Association of Community Rehabilitation Educators (ACRE) certifications in lieu of competency requirements for supported employment staff in the Medicaid Community Living, Family and Individual Support and Building Independence Waiver programs and shall allow providers that are Department for the Aging and Rehabilitative Services vendors that hold a national three-year accreditation from the Commission on Accreditation of Rehabilitation Facilities (CARF) to be deemed qualified to meet employment staff competency requirements, provided the provider submits the results from their CARF surveys including recommendations received to the Department of Behavioral Health and Developmental Services so that the agency can verify that there are no recommendations for the standards that address staff competency.


In addition, Supported Employment staff do not meet the definition of a Direct Support Professional (DSP) as included in 12VAC30-122-20 - Definitions. “Direct support professional,” “direct care staff,” or “DSP” means staff members identified by the provider as having the primary role of assisting an individual on a day-to-day basis with routine personal care needs, social support, and physical assistance in a wide range of daily living activities so that the individual can lead a self-directed life in his own community. This term shall exclude consumer-directed staff and services facilitation providers.

CommentID: 97651