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 Ended on 3/31/2021
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3/31/21  9:41 pm
Commenter: Pat Vinson, Job Discovery Inc.

Proposed DD Waiver Regulations

12VAC30-122-20 Definitions

The regulatory language requires the provider to complete all service documentation and shall be entered, dated, and signed on the same day services are delivered. Allow the provider up to 48 hours to document and input progress notes and/or other person-centered documentation rather than same day documentation requirement.

Also, in agreement with:

“Progress Notes” - DELETE language indicating that progress notes are signed and dated on the day the supports were provided and REINSTATE previously utilized language that indicates “progress notes are signed and dated as soon as is practicable but no longer than one week after the referenced services”.

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

SUBSTANTIVE CHANGE not Authorized by Virginia 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 under 854 Acts of the Assembly in April 2019. 


12VAC30-122-400 Group and Individual Supported Employment Service


B. Criteria and Allowable Activities


4. ADD language that expressly indicates that individual supported employment services may be completed virtually and/or telephonically as is appropriate for each individual served. ADD “Individual Supported Employment may be provided in person, over the phone or virtually via video in order to support individuals to obtain and maintain competitive, integrated employment.”


Allowable activities for both individual and group supported employment services, the individual shall be present unless otherwise noted when these activities occur. 


               h).  -supports to ensure the individual’s and health and safety


If for example the provider and individual engage in discussion and planning with the employer regarding enhancing health and safety and the individual must depart due to the transportation, the provider continues the discussion and planning with the employer. This should be allowable without individual present.


D. Provider Requirements

              ADD  D.5. 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.

CommentID: 97678