Initial Agency Notice Date Received:  August 13, 2019. Title of Regulation: 12VAC35-105. Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services. Statutory Authority: § 37.2-400 of the Code of Virginia. To amend 12VAC35-105-520. Risk Management., in accordance with the Virginia Court of Appeals in Gregory Allen Moyer v. Commonwealth of Virginia (2000), \\\"when interpreting the law one must consider other sections of law in determining legislative intent,\\\" in order that the new Office of Licensing Associate Director of State Operations develop and coordinate the oversight of the interpretation and implementation of the additional 42 policies and procedures that providers are required to have in writing in accordance with the HIPAA Act under Risk Analysis and Risk Management which can be found under the following sections 45 CFR §164.306, 45 CFR §164.308, 45 CFR §164.310, 45 CFR §164.312, 45 CFR §164.314, and 45 CFR §164.316.

The State Board of Behavioral Health and Developmental Services will consider this petition at the next scheduled meeting after the close of the public comment period, on October 9, 2019, at Western State Hospital, Staunton, Virginia. 

Take no action

The petition was considered by the board at the regular meeting held on Wednesday, October 9, 2019, at Western State Hospital in Staunton, Virginia.  After reviewing all of the information received, the board declined to pursue the suggestions on the matter for the following reasons:  1. DBHDS does not enforce compliance with the Virginia Unemployment Compensation Act, other state employment law, or federal tax law.  2. The Office of Regulatory Affairs conducted substantial research related to the use of contract employees (for the response to periodic review draft) and as a result, draft regulations propose amendments (during the planned response to periodic review 'overhaul' of the regulations) to account for the misuse of contract employees in licensed services.