Vol. 36 Iss. 4 - October 14, 2019

Chapter 381
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending 12VAC5-381, Regulation for the Licensure of Home Care Organizations. The purpose of the proposed action is to assess all current regulation content, including the informed consent contract, the qualifications and supervision of licensed and nonlicensed personnel, the complaint procedure for consumers, the provision and coordination of treatment and services provided by the organization, the clinical records kept by the organization, the utilization and quality control review procedures, and the arrangements for the continuing evaluation of the quality of care provided. This action may address comments received during the public comment period for this notice and subsequent stages of this action.

In addition, pursuant to Executive Order 14 (as amended, July 16, 2018) and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 32.1-12 and 32.1-162.12 of the Code of Virginia.

Public Comment Deadline: November 13, 2019.

Agency Contact: Robert Payne, Director, Office of Licensure and Certification, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23230-4920, telephone (804) 367-2109, FAX (804) 527-4502, or email

VA.R. Doc. No. R20-6178; Filed September 23, 2019, 3:45 p.m.