Thank you for the opportunity to comment on the draft revision to Chapter 115.  The below is respectfully submitted for your consideration. 

Page 9 - 12VAC35-115-50 Dignity, Section D Provider Duties, item 2.

Reference - Providers shall develop, carry out, and regularly monitor policies and procedures that assure the protection of each individual's rights and promote diversity, equity, and inclusivity in the provision of services.

Comment -The addition of the phrase “diversity, equity, and inclusivity in the provision of services” is only used once in the draft Human Rights regulations. By not providing regulatory reference or definitions, the amendment does not give additional rights or protections to the individual.  It infers additional expectations for the provider but fails to specify any standards.  Without clear definition and standards, the expectation of the amendment remains open to interpretation. This type of generality can result in administrative and programmatic inefficiencies and misinterpretation by the individual receiving services.  Recently this phrase has become politized and can no longer be labeled as noncontroversial.    

Request - It is requested that the addition be removed.

Page 46 12VAC35-115-260 Provider and department responsibilities – Section B.

Item 9. Require competency-based training of employees responsible for conducting investigations of complaints of alleged violations of this chapter upon designation, and at least annually thereafter, and maintain documentation of such training in each employee's personnel file;

Comment – Requiring designated staff that have a history of competently conducting investigations and that routinely do so, to repeat the training each year, is not efficient.

Request – Consider only requiring annual training for those who did not conduct an investigation in the previous calendar year, or as required by CAP.