Regulation §

Title

Comment

106-20

Definitions

The definitions for the Initial Assessment and Comprehensive Assessment imply that these are two separate documents. Within DD services; the full comprehensive assessment is completed at enrollment to initiate services. We recommend language such as “the comprehensive assessment may be completed at the time of initial assessment if it includes all elements of the comprehensive assessment.”

106-20

Definitions

Screening needs further definition as the components of the regulations in this chapter do not speak to its application.

106-40

Applications

Clarification requested on “maximum capacity of individuals served at a given time.” For example; many individuals attending day support programs do not attend five week days, but rather anywhere from one to five days. A day support program may have a maximum number it can support per day which is very different from the maximum number of individuals it can have enrolled. As the current definition is not specific, there is concern that providers may not be able to support individuals due to this requirement of defining the maximum individuals to serve. This has the potential for individual to lose vital services.

106-60

Inspection requirements

The requirement to have records within an hour for an onsite visit is not feasible. It can take time to set up a guest account, etc. in order to get the records.

106-80

Changes to licenses and notifications to the department

The requirement to have service modifications to the department at least 45 business days prior to the change slows down providers’ ability to ensure service delivery and individuals’ choice of providers. Additionally, the department’s timeframe for response is not defined. We request shorter timeframes to meet individuals’ changing needs and defined timeframes for departmental response.

106-250 & 260

Full-time and part-time employee records. & Contracted Employees

The requirement for driver’s to have a Virginia driver’s license is unreasonable. Many providers have employees from surrounding states (e.g., WV, D.C., TN, MD) and additionally this is discrimination against military personnel and spouses who by law are allowed to keep a driver’s license from their “home” state. 

106-250

Full-time and part-time employee records.

Three job-related references may be unattainable for young employees new to employment. This requirement will deter providers from hiring young employees or even penalize those who have only worked one or two places. This can effect hiring, which will have a direct effect on being able to serve individuals.

106-260

Contracted Employees

There is question to the legality of the ability to obtain these documents from contracted agencies. Example, may be able to ask that an evaluation is done, but unsure that the contracted agency can share specifics. The requirements as written increases the amount of documentation and training required, which would prohibit service delivery. This makes the ability to retain contracted employees more difficult and reduces the ability to retain robust person-centered, continuity of care.

106-300

Employee Training

The requirement for the trainings as listed to be done within seven days is unrealistic and unfeasible. Medication administration training is a multiple day training that requires specific credentials for trainers.