Action | Compliance with Virginia’s Settlement Agreement with US DOJ |
Stage | Emergency/NOIRA |
Comment Period | Ended on 9/5/2018 |
HHF Public Comment
Rules and Regulations For Licensing Providers by the Department of Behavioral Health and Developmental Services [12 VAC 35 ? 105]
Section
|
Comment |
Action |
12VAC-35-105-20 Definitions |
The proposed definition of “serious incident’ does not sufficiently identify serious incidents and could result in significant over-interpretation. |
Remove ‘or could cause harm…” |
|
Level II Serious Incident – Guidance Doc |
Requiring a licensed residential provider to report on an incident that occurs within the confines of another licensed program/setting will cause the data regarding serious incidents to be inaccurate due to duplicate reporting of the same incident. It is also inefficient for staff in both settings.
Remove the example at the top of page two related to this requirement and remove the language regarding residential providers being required to report all incidents as it goes beyond what the regulations require. |
|
Ingestion of any hazardous material |
The example is to broad and makes this reporting requirement unmanageable. Add the clarification that if medical treatment is necessary after consulting Poison Control then the incident is reportable. |
|
Unplanned Medical Hospitalization |
The provider cannot control when a hospital might admit someone for observation vs. treatment and it would seem that if someone is admitted for observation only, the incident does not meet the requirement to report.
|
12VAC35-105-320 Fire inspections |
If a provider is scheduled only to provide services on certain days of the week and is not present during a fire, the provider cannot staff to evacuate during a fire. |
Distinguish between types of providers as previously done in regulation. “Does not apply to non-center based providers.” |
12VAC35-105-520 Risk Management |
Section A. |
Clarify what DBHDS will accept to support expertise or DBHDS should provide a training available to providers that meets criteria. |
12VAC35-105-590 Provider Staffing Plan |
Adequate number of staff required to safely evacuate all individuals during an emergency |
Distinguish between types of providers as previously done in regulation. “Does not apply to non-center based providers.” |
12VAC35-105-660 Individualized Services plan (ISP) |
Section D. |
Clarify that this is the role of the case manager not each provider. |