Public comments for progressive discipline for repeat violations.

In the proposed draft of the serious incident reporting guidance, they note that the purpose of the corrective action plan is to prevent the reoccurrence of regulatory violations by addressing the underlying cause of the violation.   Yet the proposed draft of the serious incident reporting guidance and the progressive discipline for repeat violations go directly against the purpose of the CAP as so defined. 

It instead creates a culture of fear. It goes directly against the care drive culture that providers have pledged to adhere to. The proposed Progressive discipline policy if punitive, arbitrary, and subjective. 

Currently, the proposed draft is designed to retaliatory in nature, it does not create a collaborative culture to ensure that providers and license agents work together to ensure that the CAP put in place safeguards the individuals that they serve. 

For example, there is no enumeration of any type that speaks to what would prompt the first citation. We propose a different gauge be used to prompt the issue of a citation ( 1,2, lr 3) that if within 2 years and if 20% of the providers' current census of reporting serious incidents, deaths, or allegations of abuse of neglect the provider would be issued a First citation citing 12VAC35-105-160.D.2 or 12VAC35-46-1070.C as applicable for noncompliance with reporting requirements.