We join with other providers who have requested that response timeframes from DBHDS are added to all sections where providers are required to submit documentation to DBHDS within specified timeframes.

12VAC35-106-20. Definitions

"Respite care service means providing for a short-term, time limited period of care on an episodic or routine basis . . .” Please provide clarification regarding the distinction between “episodic” and “routine.” Clarification is needed to avoid unnecessary future citations during audits and reviews.

12VAC35-106-240.D needs clarification. The language as written implies that the provider must document annual disclosure statements from the “applicant” regarding past convictions or pending criminal charges. Once an applicant is hired, they are then an employee, and no longer an applicant. Is the intent to require documentation of an annual disclosure form for every employee?

12VAC35-106-250.A.2  as written requires educational verification for all employees. This is a reasonable requirement for positions that require an education beyond high school, but verification of education short of college credits is burdensome, time-consuming, and unnecessary for direct care positions.

12VAC35-106-290.B.2.b requires medication administration training for all employees to include basic pharmacology and side effects. This is not an appropriate training requirement for DSPs who do not administer medication.

2VAC35-106-290.C.1. requires that ALL employees, contractors, students, and volunteers shall complete an annual training that shall include: 1. Retraining of all the elements required within 12VAC30-106-290 B 1-2, which are extensive and include:

 a. The provider’s behavior intervention policies and procedures regarding least restrictive interventions, timeout, and physical restraint;

b. Emergency preparedness and response training;

 c. Objectives and philosophy of the provider;

 d. Practices of confidentiality including access, duplication, and dissemination of any portion of an individual’s record;

 e. Practices that assure an individual’s rights including training regarding the Human Rights Regulations;

 f. Applicable personnel policies, including the grievance policy;

 g. Person-centeredness;

 h. Infection control practices and measures;

 i. Other policies and procedures that apply to specific positions and specific duties and responsibilities;

 j. Serious incident reporting, including when, how, and under what circumstances a serious incident report must be submitted and the consequences of failing to report a serious incident to the department in accordance with this chapter.

 Initial training is sensible and wise, but re-training on these elements for students and volunteers who are never alone with individuals being served is burdensome and creates a barrier to maintaining a robust volunteer base.

12VAC35-106-490. B. requires documentation of the interventions that occurred during a crisis or emergency be recorded in the individual’s record within one day or, one business day. One day is not sufficient time to accurately document the required information of the circumstances surrounding a crisis or emergency intervention.

12VAC35-106-560.B.1.  “The provider shall conduct checks in accordance with their policy on a random sample of all existing employees driving records annually.” Clarification is needed that the PROVIDER’S POLICY is what determines the metrics of the “random sample” during an audit, since this language does not define “random sample.”