|Petition Title||R. C. Carter Petition for Rulemaking|
|Date Filed||8/14/2019 [Transmittal Sheet]|
Initial Agency Notice
Date Received: August 5, 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 develop a new regulation requiring providers to 1) Obtain verification from the Virginia Employment Commission required under Virginia Unemployment Compensation Act, § 60.2-212.C. and 2) Submit an SS-8 Form to the Internal Revenue Service.
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.
|Comment Period||Ended 9/22/2019 34 comments|
|Agency Decision||Take no action [Transmittal Sheet]|
|Agency Decision Summary||
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.
|Name / Title:||Ruth Anne Walker / Director of Regulatory Affairs|
1220 Bank St., 11th Floor
|Telephone:||(804)225-2252 FAX: (804)786-8623 TDD: (804)371-8977|