PUBLIC NOTICE: Request for Comment on Draft Guidance Documents related to the emergency amendments to the DBHDS Licensing Regulations (12VAC35-105) to Comply with Requirements of the U.S. Department of Justice’s Settlement Agreement with Virginia.

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On July 11, 2018, the State Board of Behavioral Health and Developmental Services approved an emergency regulatory action, which will take effect on September 1, 2018.  As part of that action, a Notice of Intended Regulatory Action (NOIRA) was also approved for permanent adoption of the amendments (and access to the public comment forum for the NOIRA is available at that link).

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Guidance documents are under development related to these emergency changes. Therefore, pursuant to Chapter 599 of the 2017 Acts of Assembly, notice is given of:

• Two draft guidance documents related to these regulatory changes are  posted for comment. It is anticipated that the change shall have an impact on staffing matters. In making comments, providers please include specific comments regarding an appropriate time frame for the implementation of such changes.  View the two draft guidance documents.

Individuals interested in making comments on these draft guidance documents may do so here on the Town Hall website through 12 p.m. on Wednesday, September 5, 2018. You must first be registered as a public user to make comments on Town Hall. 

Comments may also be made by email emily.bowles@dbhds.virginia.gov, fax (804) 692-0066, or hard copy mail (Attn: Emily Bowles, Office of Licensing, DBHDS, Post Office Box 1797, Richmond, Virginia 23218-1797.)

All comments must be received by 12 p.m. on Wednesday, September 5, 2018.

Additional Background

The purpose of the emergency action is to comply with the quality and risk management system requirements of the U.S. Department of Justice's Settlement Agreement with Virginia (United States of America v. Commonwealth of Virginia, Civil Action No. 3:12cv059-JAG) and develop and implement a system to ensure that individuals in the Settlement Agreement population who are receiving services in Virginia's public system of services receive a level of care that is good quality, meets individuals' needs, and helps individuals achieve positive outcomes. Quality improvement measures are required of community services boards for services they provide, but those services are not currently in the Department of Behavioral Health and Developmental Services (DBHDS) licensing regulations for providers. The amendments will clarify and expand the requirements for the quality practices for the health, safety, care, and treatment for adults who receive services from DBHDS service providers.