1.  Human rights complaint process & provider requirements for reporting
1. 12VAC35-115-175 E. 5. The program director shall ensure that the investigation begins as soon as possible but within 24 hours.
2. 12VAC35-115-230 A.2. 2. The director of a service licensed or funded by the department shall report complaints that do not involve abuse, neglect, or exploitation via the department's web-based reporting application by the end of the next business day after receipt of the complaint in accordance with 12VAC35-115-175.

It is recommended that the timeframes for beginning to investigate (as soon as possible but within 24 hours) and reporting of a complaint (by the end of the next business day) be extended to provide programs the opportunity to remain within the regulation even if/when staff may be out of the office or have other emergent/high priority needs. It is recommended that these regulations should allow for 72 hours/three business days.

2. Access to and amendment of services records
1. 12VAC35-115-90 C. 2. b. (1) (1) If the individual requests a review of denial of access, the provider shall designate a physician, or clinical psychologist, licensed clinical social worker, or licensed professional counselor who was not directly involved in the denial to review the decision to deny access. The physician, or clinical psychologist, licensed clinical social worker, or licensed professional counselor shall determine within a reasonable period of time, not to exceed 10 calendar days, whether or not to deny the access requested in accordance with the standard in subdivision 2 a of this subsection. The provider shall promptly provide notify the individual notice of the physician's, or psychologist's, licensed clinical social worker’s, or counselor’s determination and provide or deny access in accordance with that determination.

The addition of "not to exceed 10 calendar days" is more stringent than what HIPPA requires. The HIPPA regulation is as follows, §164.524 (4)(d)(4) Review of denial requested. If the individual has requested a review of a denial under paragraph (a)(4) of this section, the covered entity must designate a licensed health care professional, who was not directly involved in the denial to review the decision to deny access. The covered entity must promptly refer a request for review to such designated reviewing official. The designated reviewing official must determine, within a reasonable period of time, whether or not to deny the access requested based on the standards in paragraph (a)(3) of this section. The covered entity must promptly provide written notice to the individual of the determination of the designated reviewing official and take other action as required by this section to carry out the designated reviewing official's determination

It is recommended that the timeframe in the regulation align with HIPPA, which indicates "reasonable period of time" and that the verbiage of "not to exceed 10 calendar days" be removed.