Action | Compliance with Virginia’s Settlement Agreement with US DOJ |
Stage | Proposed |
Comment Period | Ended on 1/10/2020 |
12 VAC35-105-160-E: "A root cause analysis shall be conducted by the provider within 30 days of discovery of Level II serious incidents and any Level III serious incidents that occur during the provision of a service or on the provider's premises." Clarification on the language of "during provision of service." Often times the injury/illness itself does not occur on the provider's premises but the provider assists with accessing medical care if needed. These require root cause analysis, but the injury/illness did not originate during service provision and is not related to the service provided.
12 VAC35-105-20: "Missing" means a circumstance in which an individual is not physically present when and where he should be and his absence cannot be accounted for or explained by his supervision needs or pattern of behavior. Additional clarification on the definition of missing. Possible addition that this applies to residential programs or if an individual elopes during the provision of services.
12 VAC35- 103- 320: "The provider shall document at the time of its original application and annually thereafter that buildings and equipment in residential service locations serving more than eight individuals are maintained in accordance with the Virginia Statewide Fire Prevention Code (13VAC5-51)." With the inclusion of Sponsored Residential, more clarification on the qualifications needed to perform these inspections, specifically if the fire marshall must be performing the annual inspections for sponsor homes.