12VAC35-105-20 Definitions: An amendment was made to the Level II serious incident definition that removed "urgent care facility visit" from the list of serious incidents that should be reported. The previous regulation stated the following under Level II serious incidents, "An emergency room visit; or urgent care facility visit when not used in lieu of a primary care physician visit". With the amendment, the statement is now "an emergency room visit". There are injuries that an individual can sustain that can be treated at an urgent care and may not necessitate an emergency room visit. Removing urgent care visit from the list makes it unclear as to whether providers should report incidents that necessitate such a visit.

12VAC35-105-160.D.2: The requirement is for providers to report "the consequences or risk of harm" for Level II and III incidents. Requiring providers to report the 'risk of harm' is putting the undue burden upon them to speculate on what could have occurred or may have occurred. Information provided will be subjective and can be incorrect if the person providing the information does not have a medical background.