Thank you for the opportunity to comment on the proposed changes to regulations related to the Department of Behavioral Health and Developmental Services’ Office of Human Rights, as outlined in Chapter 115 – Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services.

As a clinician working in a behavioral health program, I have concerns regarding the proposed change in 12VAC35-115-150 and 12VAC35-115-175, which would allow individuals to file complaints up to one year after being discharged from services. While I recognize the intent behind extending the timeframe for complaints, this provision could present challenges, such as difficulties in gathering accurate information or evidence after a significant period and potential delays in resolving concerns.

Additionally, the increased risk of prolonged complaint windows could lead to higher legal and liability insurance costs for providers, potentially impacting the availability of services. Many behavioral health programs are already experiencing difficulty maintaining affordable liability coverage, as insurers are limiting policies for behavioral health services due to increased risks.

To support both individuals receiving services and the sustainability of behavioral health programs, I respectfully recommend shortening the timeframe for filing complaints to one month after discharge. This would promote timely investigations, maintain the integrity of the complaint process, and ensure fair and efficient resolution for all parties involved.