The proposed draft regulations contain a number of provisions which would add substantial administrative costs to implement and monitor and it is not clear why these are needed, particularly for CSBs under a Performance Contract.   The increase in regulations that are not aligned, often in conflict with other regulatory agencies and frequently interpreted differently depending on the auditor are not adding value to an overly regulated system that is underfunded.   The increase in administrative requirements are shifting the agencies workforce from clinical provision of services to administrative.

Definitions: 

Emergency Services – “Emergency Services shall provide immediate mental health in the home or community to assist individuals who are experiencing acute psychiatric dysfunction requiring immediate clinical attention---not all CSBs have the capacity to provide what seems to be a mobile crisis service through emergency services

106 – 240 – A3 – documenting post background checks – Taking action within 3 business days is short turn around and would require additional monitoring

106-240 B 3-Periodic Performance of background check and minimum of 20% of all existing employees annually -burdensome in cost and additional staff time; some CSBs have requirement in place where employees and contractors are required to provide any new criminal charges following initial employment.

106-250- A 5- 3 job related references supporting knowledge, skills and abilities of the minimum qualifications according to the job description---as employers are typically providing very limited references and in many cases not qualitative references, this may limit the ability to hire qualified candidates in a workforce shortage.  Please consider “reasonable efforts” to secure job-related references if qualitative ones cannot be obtained.

106-300-  B-1 Employee training and development-required initial training within 7 business days; CPR—this is very restrictive time frame given all the training that is required and the need to fill critical roles and provide services. Keep the current 15 day requirement. Have retraining before expiration of first aid and CPR rather than on an annual basis as the cost and staff time are greatly impacted on an annual basis.

106-450 – Emergency transfers – needs clarification regarding transfer, discharge/transitioning

106-550 – 5- Privacy – unclear what “prohibition on staff visitors” means