If a CAP  is returned o the provider a second time for failure to meet all requirements within 12VAC35-105-170.C, the licensing specialist ( remove will and add shall) have a phone call with the provider to provide technical assistance related to the criteria needed to create an acceptable CAP.

We submit that disagreement in how the provider has constructed their CAP should not prompt the 3rd citation. The provider may have submitted and implemented a CAP that effectively addresses the issue and the licensing specialist may not have agreed with the process even though it adequately mitigates the issue from reoccurring. 

Instead, we proposed the following:

1. The licensing specialist shall meet with the provider and their team. Discuss their concerns and develop a viable solution.
2. If the licensing specialist refuses to honor the CAP developed by the provider and their team an appeal process needs to be included. The case should be reviewed by a neutral party ( arbitrator, mediator, hearing officer) providers should be permitted to request a formal change to an official decision as appeals function both as a process for error correction as well as a process of clarifying and interpreting the law.