TITLE 12. HEALTH
REGISTRAR'S NOTICE: Pursuant to § 2.2-4012.1 of the Code of Virginia, the State Board of Behavioral Health and Developmental Services has filed a notice of objection to the fast-track rulemaking action published in 35:12 VA.R. 1569-1571 February 4, 2019. The board intends to proceed with the normal promulgation process set out in Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia, with the initial publication of the fast-track regulation serving as the Notice of Intended Regulatory Action.
Title of Regulation: 12VAC35-105. Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (amending 12VAC35-105-675).
Statutory Authority: § 37.2-203 of the Code of Virginia.
The State Board of Behavioral Health and Developmental Services is hereby filing a notice of objection to the fast-track rulemaking action for 12VAC35-105, Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services. The fast-track regulation was published in Volume 35, Issue 12, pages 1569-1571 of the Virginia Register of Regulations, dated February 4, 2019. A 30-day public comment period was provided, and public comment was received through March 6, 2019.
The fast-track regulation was intended to respond to community services board (CSB) concern over timeframes for documentation of individualized service plans. However, 10 CSBs stated in the public comments that the draft language would interfere with the ability of case managers (support coordinators) to meet the expectations for oversight of services as indicated in the Settlement Agreement between the U.S. Department of Justice and Virginia (United States of America v. Commonwealth of Virginia, Civil Action No. 3:12cv059-JAG) because the language would prevent the case managers (support coordinators) from having the opportunity to review the provider quarterly reports and synthesize the information as needed. Therefore, further discussion of the language is necessary to resolve the concerns.
In accordance with § 2.2-4012.1 of the Code of Virginia, the board is proceeding with the standard promulgation process, using publication of the fast-track regulation as its Notice of Intended Regulatory Action.
Agency Contact: Emily Bowles, Legal Coordinator, Office of Licensing, Department of Behavioral Health and Developmental Services, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218, telephone (804) 225-3281, FAX (804) 692-0066, TTY (804) 371-8977, or email emily.bowles@dbhds.virginia.gov.
VA.R. Doc. No. R19-5541; Filed March 14, 2019, 11:44 a.m.