8/27/2019 9:44 am Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
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Initial Agency Notice
Agency Decision
Promulgating Board: | State Board of Behavioral Health and Developmental Services |
Regulatory Coordinator: | Ruth Anne Walker (804)225-2252 ruthanne.walker@dbhds.virginia.gov,susan.puglisi@dbhds.virginia.gov |
Agency Contact: | Ruth Anne Walker Director of Regulatory Affairs (804)225-2252 ruthanne.walker@dbhds.virginia.gov |
Contact Address: | Department of Behavioral Health and Developmental Services Jefferson Bldg. 1220 Bank St., 11th Floor Richmond, VA 23219 |
Chapter Affected: | |
12 vac 35 - 105: | Rules and Regulations For Licensing Providers by the Department of Behavioral Health and Developmental Services |
Statutory Authority: |
State: Virginia Code Sections 37.2-100 and §§ 37.2-400 - 37.2-432. Federal: |
Date Petition Received | 08/27/2019 |
Petitioner | R.C. Carter |
Initial Agency Notice
Date Received: August 13, 2019.
Title of Regulation: 12VAC35-105. Rules and Regulations for Licensing Providers by
the Department of Behavioral Health and Developmental Services.
Statutory Authority: § 37.2-520 of the Code of Virginia.
To amend 12VAC35-105-520. Risk Management., in accordance with the Virginia Court
of Appeals in Gregory Allen Moyer v. Commonwealth of Virginia (2000), \"when interpreting
the law one must consider other sections of law in determining legislative intent,\"
in order that the new Office of Licensing Associate Director of State Operations develop
and coordinate the oversight of the interpretation and implementation of the additional
42 policies and procedures that providers are required to have in writing in accordance
with the HIPAA Act under Risk Analysis and Risk Management which can be found under
the following sections 45 CFR §164.306, 45 CFR §164.308, 45 CFR §164.310, 45 CFR §164.312,
45 CFR §164.314, and 45 CFR §164.316.
Agency Plan
The State Board of Behavioral Health and Developmental Services will consider this
petition at the next scheduled meeting after the close of the public comment period,
on October 9, 2019, at Western State Hospital, Staunton, Virginia.
Publication Date | 09/16/2019 (comment period will also begin on this date) |
Comment End Date | 10/06/2019 |