• 12VAC35-105106-30. Licenses

19. REACH

Feedback: REACH is not defined in Definitions.  REACH is considered a lifespan crisis stabilization program for individuals with IDD.  It is unclear why it is identified as a separate licensing category from Crisis Stabilization.

• 12VAC35-105106-50. Issuance of licenses License types.

2. A provisional license may be issued to a provider for a service that has demonstrated an inability to maintain compliance with all applicable regulations, including this chapter and Human Rights Regulations (12VAC35-115) or this chapter, has violations of human rights or licensing regulations that pose a threat to the health or safety of individuals receiving services, has multiple violations of human rights or licensing regulations, or has failed to comply with a previous corrective action plan.

            f. The commissioner may lower a full license to a provisional license at any time a            provider shows an inability to comply with licensing regulations.

3. e. The commissioner may lower a triennial license to an annual license at any time based on a change in the provider’s compliance with these regulations and other applicable statutes and regulations.

Feedback:  in highlighted paragraphs above, include the term “substantial(ly)” to qualify the degree to which non-compliance may result in issuance of a provisional license or lowering to a provisional license.

• 12VAC35-106-60.

Inspection requirements. (blend of current sections; see tracking chart)

F. Any records or information requested by department staff in order to conduct the onsite review shall be available to department staff within one hour of the request for such information.

Feedback:  One hour is an onerous and unrealistic time frame in which to expect staff to prepare any records or information in response to a Department request. It is disruptive to program and agency operations.  Increase to 4 hours, minimum.