|Action||Provision of provider statement to any other provider|
|Comment Period||Ended on 10/14/2020|
We appreciate the various concerns expressed about this regulatory change, and want to acknowledge that VNPP had a pivotal role in the initial legislation upon which this regulation is based. For a number of years the General Assembly has grappled with how to prevent “bad actors” from simply moving around from one provider to another. JCHC looked at the issue as have others. Each proposed solution was not a solution:
The protections for employers who provide references is already in the Code of Virginia at §8.01-46.1, but most providers are unaware and are generally cautioned by their attorney to say as little as possible. The concept of placing the “permission” in regulations is to address that issue.
This is certainly not the perfect fix and may be replaced in the future with something better, but it seemed at the time to be the best alternative that would not impose greater cost, or be a barrier to recruitment. It is, of course, still true that it is a challenge to know if a prospective employee lists all of their current or previous positions. Unlike some careers, DSPs often have multiple positions and therefore a “gap” is not detectable. And, yes, some do not want their current employer to know they are looking for another position; given that regulation already requires reference checks, this should not pose a greater barrier. This will not solve all of the issues, but we hope you have a better grasp of the intent.