12VAC35-108-50. Secondary Screening
Comment: Please provide clarity regarding waitlist. Does this refer to the individual being informed that they have been placed on a waitlist or is it a period of time between intake and starting services? If it is a period of time, what would that timeframe be?
12VAC 35-105-80. ISP requirements
A.1 This includes documentation that the individual’s needs require a provider operated home and non-center based setting.
Comment: Not everyone wants or needs a provider operated home and non-center based setting. Perhaps and/or could be used.
E.2 After each training, providers shall test the employee’s or contractor’s knowledge, competency, or both, and retain documentation of the test of the employee’s or contractor’s knowledge, competency, or both within the employee or contractor’s personnel file.
Comment: This is an undue administrative burden for providers requiring that a test be created for each ISP and opening an issue with the possibility of individuals’ PHI being in personnel records. Staff competency is being observed and documented as required by DMAS and as part of routine supervision. One commenter suggested that a staff attestation stating that they were trained on the ISP and they understand and are familiar with it as a less onerous option.
E.3 When changes occur to an individual’s ISP, employees or contractors who are responsible for implementing the ISP shall be made aware of the changes, and shall be competent to implement the revised ISP.
Comment: Please clarify what is expected to demonstrate competency to implement the revised ISP. Another test is, as stated above in E.2, is an undue administrative burden.
12VAC35-108.130. Staffing.
Comment: Please make this as flexible as possible! The DSP workforce crisis may make provision of community-based services extremely difficult, if not impossible, if providers are expected to always have high staff ratios regardless of the individuals and activities involved.