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Virginia Regulatory Town Hall
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Department of Behavioral Health and Developmental Services
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State Board of Behavioral Health and Developmental Services
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Rules and Regulations For Licensing Providers by the Department of Behavioral Health and Developmental Services [12 VAC 35 ‑ 105]
Action Compliance with Virginia’s Settlement Agreement with US DOJ
Stage Final
Comment Period Ends 7/22/2020
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7/20/20  3:13 pm
Commenter: Kris Walsh, Fidura & Associates, Inc.

Legal Liability Issue
 

“Corrective Action Plan’ means the provider’s pledged corrective action in response to cited areas of noncompliance documented by the regulatory authority.

 

"Risk management" means an integrated system-wide program to ensure the safety of individuals, employees, visitors, and others through identification, mitigation, early detection, monitoring, evaluation, and control of risks.

 

The proposed language in these definitions and in 12VAC35-105-170 H. and 620 D.3 are substantive changes that would have significant impact on the providers of these services.

It is unrealistic to expect that providers could control risks (vs. minimizing or mitigating those risks), or, with absolute certainly, prevent a situation to occur, or ensure the safety of everyone at all times. To expect that a provider will develop and sign a corrective action plan pledging to these absolutes, creates a legal liability for the provider. Aside from the many issues that will result with citations and loss of a provider’s license should any of those things occur/reoccur (as already well outlined in others’ comments), I would think the providers’ insurance carriers and legal representatives would have a considerable objection with the provider committing themselves to this liability.

 

CommentID: 83909