reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part VI - Special Programs › Section 12VAC35-46-1180 - Clinically managed, medium-intensity residential services Level of care 3.5 admission criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. A clinically
				  managed, medium-intensity residential services program provides treatment for
				  children who have impaired functioning across a broad range of psychosocial
				  domains, including disruptive behaviors, delinquency and juvenile justice
				  involvement, educational difficulties, family conflicts and chaotic home
				  situations, developmental immaturity, and psychological problems.
B. Before a clinically managed,
				  medium-intensity residential service program may admit a child or adolescent,
				  the child or adolescent shall meet the criteria for admission as defined by the
				  provider's policies. The provider's policy regarding admission shall at a
				  minimum require the child or adolescent to:
1. Meet diagnostic criteria for a substance
				  use disorder or addictive disorder of moderate to high severity as defined by
				  the DSM; and
2. Meet the admission
				  criteria of Level 3.5 of ASAM, including the specific criteria for adolescent
				  populations.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part VI - Special Programs › Section 12VAC35-46-1190 - Clinically managed, medium-intensity residential services Level of care 3.5 discharge criteria

Current through Register Vol. 40, No. 24, July 15, 2024
Before a clinically managed, medium-intensity residential
					 services program may discharge or transfer a child or adolescent, the child or
					 adolescent shall meet the criteria for discharge or transfer as defined by the
					 provider's policies, which shall include provisions for the discharge or
					 transfer of children or adolescents who have:
1. Achieved the goals of the treatment
				  services and no longer require ASAM 3.5 level of care;
2. Been unable to achieve the goals of the
				  child's or adolescent's treatment but could achieve the child's or adolescent's
				  goals with a different type of treatment; or
3. Achieved the child's or adolescent's
				  original treatment goals but have developed new treatment challenges that can
				  only be adequately addressed in a different type of treatment.
Statutory Authority: §§ 37.2-302 and 37.2-408
						of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part VI - Special Programs › Section 12VAC35-46-1200 - Clinically managed, medium-intensity residential services Level of care 3.5 co-occurring enhanced programs

Current through Register Vol. 40, No. 24, July 15, 2024
A. Clinically
				  managed, medium-intensity residential services co-occurring enhanced programs
				  shall offer psychiatric services, medication evaluation, and laboratory
				  services. Such services shall be available by telephone within eight hours and
				  onsite or closely coordinated offsite within 24 hours.
B. Clinically managed, medium-intensity
				  residential services co-occurring enhanced programs shall be staffed by
				  appropriately credentialed mental health professionals, including addiction
				  psychiatrists, who are able to assess and treat co-occurring mental disorders
				  and who have specialized training in behavior management techniques. All
				  clinical staff shall be qualified by training and experience and appropriately
				  licensed, certified, or registered by the appropriate health regulatory board
				  to serve individuals admitted to the service.
C. Clinically managed, medium-intensity
				  residential services co-occurring enhanced programs shall offer planned
				  clinical activities designed to stabilize the child's or adolescent's mental
				  health problems and psychiatric symptoms and to maintain such stabilization,
				  including medication education and management and motivational and engagement
				  strategies. Goals of therapy shall apply to both the substance use disorder and
				  any co-occurring mental disorder.
Statutory Authority: §§ 37.2-302 and 37.2-408
						of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part VI - Special Programs › Section 12VAC35-46-1210 - Clinically managed, low-intensity residential services Level of care 3.1 staff criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A clinically managed, low-intensity residential services
					 program shall meet the following staff requirements. The program shall:
1. Offer telephone or in-person consultation
				  with a physician and emergency services, available 24 hours a day, seven days a
				  week by the clinically managed, low-intensity residential services provider.
				  The program shall also provide allied health professional staff present onsite
				  24 hours a day;
2. Have clinical
				  staff, with the credentials described in subdivision 3 of this section, who are
				  knowledgeable about the biological and psychosocial dimensions of substance use
				  disorder and their treatment and are able to identify the signs and symptoms of
				  acute psychiatric conditions;
3.
				  Have a team comprised of appropriately trained and credentialed medical,
				  addiction, and mental health professionals;
4. Have staff that shall be knowledgeable
				  about child or adolescent development and experienced in engaging and working
				  with children or adolescents; and
5. Ensure all clinical staff are qualified by
				  training and experience and appropriately licensed, certified, or registered by
				  the appropriate health regulatory board to serve individuals admitted to the
				  service.
Statutory Authority: §§ 37.2-302 and 37.2-408
						of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part VI - Special Programs › Section 12VAC35-46-1220 - Clinically managed, low-intensity residential services Level of care 3.1 program criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A clinically managed, low-intensity residential services
					 program shall meet the following programmatic requirements. The program
					 shall:
1. Offer a minimum of five
				  hours a week of planned clinical program activities that are professionally
				  directed, in addition to other treatment services offered to children or
				  adolescents. Services shall be designed to stabilize the child's or
				  adolescent's substance use disorder, improve the child's or adolescent's
				  ability to structure, and organize the tasks of daily living and
				  recovery;
2. Collaborate with care
				  providers to develop an individual treatment plan for each child or adolescent
				  with time-specific goals and objectives;
3. Provide counseling and clinical monitoring
				  to support successful initial involvement in regular, productive daily
				  activity;
4. Provide case
				  management services;
5. Provide
				  motivational interventions appropriate to the child's or adolescent's stage of
				  readiness to change and level of comprehension;
6. Maintain direct affiliations with other
				  easily accessible levels of care or coordinate through referral to more or less
				  intensive levels of care and other services. Include the ability to arrange for
				  needed procedures as appropriate to the severity and urgency of the child's or
				  adolescent's condition;
7. Provide
				  family and caregiver treatment and peer recovery support services as deemed
				  appropriate by a licensed professional and included in an assessment and
				  treatment plan;
8. Provide
				  addiction pharmacotherapy and the ability to arrange for pharmacotherapy for
				  psychiatric medications;
9. Utilize
				  random drug screening to monitor progress and reinforce treatment
				  gains;
10. Ensure that all children
				  and adolescents served by the residential service have access to the substance
				  use treatment program; and
11. Make
				  MAT available for all children or adolescents with opioid use disorder or
				  alcohol use disorder. MAT may be provided by facility staff or coordinated
				  through alternative resources.
Statutory Authority: §§ 37.2-302 and 37.2-408
						of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part VI - Special Programs › Section 12VAC35-46-1230 - Clinically managed, low-intensity residential services Level of care 3.1 admission criteria

Current through Register Vol. 40, No. 24, July 15, 2024
Before a clinically managed, low-intensity residential
					 services program may admit a child or adolescent, the child or adolescent shall
					 meet the criteria for admission as defined by the provider's policies. The
					 provider's policy regarding admission shall at a minimum require the child or
					 adolescent to:
1. Meet diagnostic
				  criteria for a substance use disorder or addictive disorder of moderate to high
				  severity as defined by the DSM; and
2. Meet the admission criteria of Level 3.1
				  of ASAM, including the specific criteria of adolescent populations.
Statutory Authority: §§ 37.2-302 and 37.2-408
						of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part VI - Special Programs › Section 12VAC35-46-1240 - Clinically managed, low-intensity residential services Level of care 3.1 discharge criteria

Current through Register Vol. 40, No. 24, July 15, 2024
Before a clinically managed, low-intensity residential
					 services program may discharge or transfer a child or adolescent, the child or
					 adolescent shall meet the criteria for discharge or transfer as defined by the
					 provider's policies, which shall include provisions for the discharge or
					 transfer of children or adolescents who have:
1. Achieved the goals of the treatment
				  services and no longer require ASAM 3.1 level of care;
2. Been unable to achieve the goals of the
				  child's or adolescent's treatment but could achieve the child's or adolescent's
				  goals with a different type of treatment; or
3. Achieved the child's or adolescent's
				  original treatment goals but have developed new treatment challenges that can
				  only be adequately addressed in a different type of treatment.
Statutory Authority: §§ 37.2-302 and 37.2-408
						of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part VI - Special Programs › Section 12VAC35-46-1250 - Clinically managed, low-intensity residential services Level of care 3.1 co-occurring enhanced programs

Current through Register Vol. 40, No. 24, July 15, 2024
A. Clinically
				  managed, low-intensity residential services co-occurring enhanced programs
				  shall offer appropriate psychiatric services, including medication evaluation
				  and laboratory services. Such services shall be provided onsite or closely
				  coordinated offsite, as appropriate to the severity and urgency of the child's
				  or adolescent's mental condition.
B. Clinically managed, low-intensity
				  residential services co-occurring enhanced programs shall be staffed by
				  appropriately credentialed mental health professionals who are able to assess
				  and treat co-occurring disorders with the capacity to involve addiction-trained
				  psychiatrists.
C. Clinically
				  managed, low-intensity residential services co-occurring enhanced programs
				  shall offer planned clinical activities that are designed to stabilize the
				  child's or adolescent's mental health problems and psychiatric symptoms and to
				  maintain such stabilization, including medication education and management and
				  motivational and engagement strategies. Goals of therapy shall apply to both
				  the substance use disorder and any co-occurring mental disorder.
DOCUMENTS INCORPORATED BY REFERENCE (12VAC35-46)
Report of Tuberculosis Screening, Virginia Department of
					 Health,
					 http://www.vdh.virginia.gov/epidemiology/DiseasePrevention/Programs/Tuberculosis/Forms/documents/Form2.pdf.
U.S. Department of Health and Human Services and U.S.
					 Department of Agriculture Dietary Guidelines for Americans, 6th Edition,
					 January 2005, U.S. Government Printing Office, Washington, D.C.
The ASAM: Treatment for Addictive, Substance-Related and
					 Co-Occurring Conditions, Third Edition, American Society of Addiction Medicine,
					 11400 Rockville Pike, Suite 200, Rockville, MD 20852, asam.org.
Diagnostic and Statistical Manual of Mental Disorders, 5th
					 Edition. DSM-5, American Psychiatric Association, 800 Maine Avenue, SW, Suite
					 900 Washington, DC 20024, psychiatry.org
Statutory Authority: §§ 37.2-302 and 37.2-408
						of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part VI - Special Programs › Section 12VAC35-46-1260 - Qualified residential treatment programs

Current through Register Vol. 40, No. 24, July 15, 2024
A. A qualified
				  residential treatment program (QRTP) shall have a trauma-informed treatment
				  model that is designed to address the needs, including clinical needs as
				  appropriate, of children with serious emotional or behavioral disorders or
				  disturbances and, with respect to a child, is able to implement the treatment
				  identified for the child.
B. In
				  addition to the staffing requirements within Part II (12VAC35-46-170 et seq.) through
				  Part VI (12VAC35-46-1120 et seq.) of this
				  chapter, a QRTP shall have registered or licensed nursing staff and other
				  licensed clinical staff who:
1. Provide care
				  within the scope of their practice as defined by state law;
2. Are on-site according to the treatment
				  model referred to in subsection A of this section; and
3. Are available 24 hours a day and seven
				  days a week.
The QRTP is not required to acquire nursing or other
					 clinical staff solely through means of a direct employer to employee
					 relationship.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part VI - Special Programs › Section 12VAC35-46-1270 - Additional requirements for QRTP placements for children within the custody of local social service boards

Current through Register Vol. 40, No. 24, July 15, 2024
A. The qualified
				  residential treatment program (QRTP) shall coordinate with the local
				  departments of social services, the child's biological family members, relative
				  and fictive kin of the child, and, as appropriate, professionals who are a
				  resource to the family of the child, such as teachers, clergy, or medical or
				  mental health providers who have treated the child.
B. All documents related to a child's need
				  for placement shall be placed within the child's record at the qualified
				  residential treatment program, including the assessment determination of the
				  qualified individual, as defined in
				  42 USC §
											675a(c)(1)(D)(i), and the
				  written documentation of the approval or disapproval of the placement in a
				  qualified residential treatment program by a court or administrative
				  body.
C. This section shall not
				  apply to direct parental placements of children into the QRTP that are made
				  outside of the social services system.
Statutory Authority: §§
												37.2-203 and
						37.2-408 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 46 - REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES › Part VI - Special Programs › Section - Documents Incorporated by Reference (12VAC35-46)

Current through Register Vol. 40, No. 24, July 15, 2024
Report of Tuberculosis Screening, Virginia Department of
					 Health,
http://www.vdh.virginia.gov/epidemiology/DiseasePrevention/Programs/Tuberculosis/Forms/documents/Form2.pdf
.
U.S. Department of Health and Human Services and U.S.
					 Department of Agriculture Dietary Guidelines for Americans, 6th Edition,
					 January 2005, U.S. Government Printing Office, Washington, D.C.
The ASAM: Treatment for Addictive, Substance-Related and
					 Co-Occurring Conditions, Third Edition, American Society of Addiction Medicine,
					 11400 Rockville Pike, Suite 200, Rockville, MD 20852, asam.org.
Diagnostic and Statistical Manual of Mental Disorders, 5th
					 Edition. DSM-5, American Psychiatric Association, 800 Maine Avenue, SW, Suite
					 900 Washington, DC 20024, psychiatry.org
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 50 - RULES AND REGULATIONS FOR THE LICENSURE OF PRIVATE PSYCHIATRIC HOSPITALS [REPEALED] › Section 12VAC35-50-10 to 12VAC35-50-2260

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 60 - RULES AND REGULATIONS FOR THE LICENSURE OF CORRECTIONAL PSYCHIATRIC FACILITIES [REPEALED] › Section 12VAC35-60-10 to 12VAC35-60-1980

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 70 - RULES AND REGULATIONS FOR THE LICENSURE OF SUPPORTED RESIDENTIAL PROGRAMS AND RESIDENTIAL RESPITE CARE/EMERGENCY SERVICES FACILITIES [REPEALED] › Section 12VAC35-70-10 to 12VAC35-70-3090

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 80 - RULES AND REGULATIONS FOR THE LICENSURE OF OUTPATIENT FACILITIES [REPEALED] › Section 12VAC35-80-10 to 12VAC35-80-2640

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 90 - RULES AND REGULATIONS FOR THE LICENSURE OF DAY SUPPORT PROGRAMS [REPEALED] › Section 12VAC35-90-10 to 12VAC35-90-2950

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 102 - RULES AND REGULATIONS FOR THE LICENSURE OF FACILITIES AND PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE [REPEALED] › Section 12VAC35-102-10 to 12VAC35-102-1760 - [Repealed]

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part I - General Provisions › Article 1 - Authority and Applicability › Section 12VAC35-105-10 - Authority and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Section 37.2-404 of the Code of Virginia authorizes the commissioner to license
					 providers subject to rules and regulations adopted by the State Board of
					 Behavioral Health and Developmental Services.
B. No provider shall establish, maintain,
					 conduct, or operate any service without first receiving a license from the
					 commissioner.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part II - Licensing Process › Section 12VAC35-105-30 - Licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. Licenses are
				  issued to providers who offer services to individuals who have mental illness,
				  a developmental disability, or substance abuse (substance use disorders) or
				  have brain injury and are receiving residential services.
B. Providers shall be licensed to provide
				  specific services as defined in this chapter or as determined by the
				  commissioner. These services include:
1.
				  Assertive community treatment (ACT);
2. Case management;
3. Clinically managed high-intensity
				  residential care or Level of care 3.5;
4. Clinically managed low-intensity
				  residential care or Level of care 3.1;
5. Clinically managed population specific
				  high-intensity residential or Level of care 3.3;
6. Community gero-psychiatric
				  residential;
7. Community-based
				  crisis stabilization;
8. Crisis
				  receiving center;
9. Crisis
				  stabilization unit;
10. Day
				  support;
11. Day treatment,
				  including therapeutic day treatment for children and adolescents;
12. Group home and community
				  residential;
13. ICF/IID;
14. Inpatient psychiatric;
15. Intensive in-home;
16. Medically managed intensive inpatient
				  service or Level of care 4.0;
17.
				  Medically monitored intensive inpatient treatment or Level of care
				  3.7;
18. Medication assisted opioid
				  treatment;
19. Mental health
				  community support;
20. Mental
				  health intensive outpatient;
21.
				  Mental health outpatient;
22.
				  Mental health partial hospitalization;
23. Psychosocial rehabilitation;
24. REACH CTH;
25. REACH mobile crisis response;
26. Residential treatment;
27. Respite care;
28. Sponsored residential home;
29. Substance abuse intensive
				  outpatient;
30. Substance abuse
				  outpatient;
31. Substance abuse
				  partial hospitalization;
32.
				  Supervised living residential; and
33. Supportive in-home.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part II - Licensing Process › Section 12VAC35-105-40 - Application requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				  providers that are not currently licensed shall be required to apply for a
				  license using the application designated by the commissioner. Providers
				  applying for a license shall submit:
1. A
				  working budget showing projected revenue and expenses for the first year of
				  operation, including a revenue plan.
2. Documentation of working capital to
				  include:
a. Funds or a line of credit
				  sufficient to cover at least 90 days of operating expenses if the provider is a
				  corporation, unincorporated organization or association, a sole proprietor, or
				  a partnership.
b. Appropriated
				  revenue if the provider is a state or local government agency, board or
				  commission.
3.
				  Documentation of authority to conduct business in the Commonwealth of
				  Virginia.
4. A disclosure statement
				  identifying the legal names and dates of any services licensed in Virginia or
				  other states that the applicant holds or has held, previous sanctions or
				  negative actions against any license to provide services that the applicant
				  holds or has held in any other state or in Virginia, and the names and dates of
				  any disciplinary actions involving the applicant's current or past licensed
				  services.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part II - Licensing Process › Section 12VAC35-105-50 - Issuance of licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  commissioner may issue the following types of licenses:
1. A conditional license may be issued to a
				  new provider for services that demonstrates compliance with administrative and
				  policy regulations but has not demonstrated compliance with all the
				  regulations.
a. A conditional license shall
				  not exceed six months.
b. A
				  conditional license may be renewed if the provider is not able to demonstrate
				  compliance with all the regulations at the end of the license period. A
				  conditional license and any renewals shall not exceed 12 successive months for
				  all conditional licenses and renewals combined.
c. A provider holding a conditional license
				  for a service shall demonstrate progress toward compliance.
d. A provider holding a conditional license
				  shall not add services or locations during the conditional period.
e. A group home or community residential
				  service provider shall be limited to providing services in a single location,
				  serving no more than four individuals during the conditional period.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part II - Licensing Process › Section 12VAC35-105-60 - Modification

Current through Register Vol. 40, No. 24, July 15, 2024
A. A provider shall
				  submit a written service modification application at least 45 days in advance
				  of a proposed modification to its license. The modification may address the
				  characteristics of individuals served (disability, age, or gender), the
				  services offered, the locations where services are provided, existing
				  stipulations, or the maximum number of individuals served under the provider
				  license.
B. Upon receipt of the
				  completed service modification application, the commissioner may revise the
				  provider license. Approval of such request shall be at the sole discretion of
				  the commissioner.
C. A change
				  requiring a modification of the license shall not be implemented prior to
				  approval by the commissioner. The department may send the provider a letter
				  approving implementation of the modification pending the issuance of the
				  modified license.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part II - Licensing Process › Section 12VAC35-105-70 - Onsite reviews

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department shall conduct an announced or unannounced onsite review of all new
				  providers and services to determine compliance with this chapter.
B. The department shall conduct unannounced
				  onsite reviews of licensed providers and each service at any time and at least
				  annually to determine compliance with these regulations. The annual unannounced
				  onsite reviews shall be focused on preventing specific risks to individuals,
				  including an evaluation of the physical facilities in which the services are
				  provided.
C. The department may
				  conduct announced and unannounced onsite reviews at any time as part of the
				  investigations of complaints or incidents to determine if there is a violation
				  of this chapter.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part II - Licensing Process › Section 12VAC35-105-80 - Complaint investigations

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall investigate all complaints regarding
					 potential violations of licensing regulations. Complaint investigations may be
					 based on onsite reviews, a review of records, a review of provider reports or
					 telephone interviews.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part II - Licensing Process › Section 12VAC35-105-90 - Compliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				  shall determine the level of compliance with each regulation as follows:
1. "Compliance" (C) means the provider
				  clearly meets the requirements of a regulation.
2. "Noncompliance" (NC) means the provider
				  violates or fails to meet part or all of a regulation.
3. "Not Determined" (ND) means that the
				  provider must provide additional information to determine compliance with a
				  regulation.
4. "Not Applicable"
				  (NA) means the provider is specifically exempted from or not required to
				  demonstrate compliance with the provisions of a regulation.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part II - Licensing Process › Section 12VAC35-105-100 - Sanctions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner
				  may invoke the sanctions enumerated in § 37.2-419 of the Code of Virginia
				  upon receipt of information that a licensed provider is:
1. In violation of the provisions of
				  §§ 37.2-400 through 37.2-422 of the Code of Virginia, these
				  regulations, or the provisions of the Rules and Regulations to Assure the
				  Rights of Individuals Receiving Services from Providers Licensed, Funded, or
				  Operated by the Department of Behavioral Health and Developmental Services
				  (12VAC35-115); and
2. Such
				  violation adversely affects the human rights of individuals, or poses an
				  imminent and substantial threat to the health, safety or welfare of
				  individuals.
The commissioner shall notify the provider in writing of
					 the specific violations found and of his intention to convene an informal
					 conference pursuant to § 2.2-4019 of the Code of Virginia at which the
					 presiding officer will be asked to recommend issuance of a special
					 order.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part II - Licensing Process › Section 12VAC35-105-110 - Denial, revocation, or suspension of a license

Current through Register Vol. 40, No. 24, July 15, 2024
A. An application for a license or license
				  renewal may be denied and a full, conditional, or provisional license may be
				  revoked or suspended for one or more of the following reasons:
1. The provider or applicant has violated any
				  provisions of Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2 of
				  the Code of Virginia or these licensing regulations;
2. The provider's or applicant's conduct or
				  practices are detrimental to the welfare of any individual receiving services
				  or in violation of human rights identified in § 37.2-400 of the Code of
				  Virginia or the human rights regulations (12VAC35-115);
3. The provider or applicant permits, aids,
				  or abets the commission of an illegal act;
4. The provider or applicant fails or refuses
				  to submit reports or to make records available as requested by the
				  department;
5. The provider or
				  applicant refuses to admit a representative of the department who displays a
				  state-issued photo identification to the premises;
6. The provider or applicant fails to submit
				  or implement an adequate corrective action plan; or
7. The provider or applicant submits any
				  misleading or false information to the department.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part II - Licensing Process › Section 12VAC35-105-115 - Summary suspension

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  conjunction with any proceeding for revocation, denial , or other action, when
				  conditions or practices exist that pose an immediate and substantial threat to
				  the health, safety, and welfare of the individuals living there, the
				  commissioner may issue an order of summary suspension of the license to operate
				  any group home or residential service for adults when he believes the operation
				  of the home or residential service should be suspended during the pendency of
				  such proceeding.
B. Prior to the
				  issuance of an order of summary suspension, the department shall contact the
				  Executive Secretary of the Supreme Court of Virginia to obtain the name of a
				  hearing officer. The department shall schedule the time, date, and location of
				  the administrative hearing with the hearing officer.
C. The order of summary suspension shall take
				  effect upon its issuance. It shall be delivered by personal service and
				  certified mail, return receipt requested, to the address of record of the
				  licensee as soon as practicable. The order shall set forth:
1. The time, date, and location of the
				  hearing;
2. The procedures for the
				  hearing;
3. The hearing and appeal
				  rights; and
4. Facts and evidence
				  that formed the basis for the order of summary suspension.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part II - Licensing Process › Section 12VAC35-105-120 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner may grant a variance to a specific
					 regulation if he determines that such a variance will not jeopardize the
					 health, safety, or welfare of individuals. A provider shall submit a request
					 for such variance in writing to the commissioner. The request shall demonstrate
					 that complying with the regulation would be a hardship unique to the provider
					 and that the variance will not jeopardize the health, safety, or welfare of
					 individuals. The department may limit the length of time a variance will be
					 effective. The provider shall not implement a variance until it has been
					 approved in writing by the commissioner.
Statutory Authority: §§
												37.2-302
						and
						37.2-400
						of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part II - Licensing Process › Section 12VAC35-105-130 - Confidentiality of records

Current through Register Vol. 40, No. 24, July 15, 2024
Records that are confidential under federal or state law
					 shall be maintained as confidential by the department and shall not be further
					 disclosed except as required or permitted by law.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 1 - Management and Administration › Section 12VAC35-105-140 - License availability

Current through Register Vol. 40, No. 24, July 15, 2024
The current license or a copy shall be prominently
						displayed for public inspection in all service locations.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 1 - Management and Administration › Section 12VAC35-105-150 - Compliance with applicable laws, regulations and policies

Current through Register Vol. 40, No. 24, July 15, 2024
The provider including its employees, contractors,
						students, and volunteers shall comply with:
1. This chapter;
2. The terms and stipulations of the
					 license;
3. All applicable federal,
					 state, or local laws and regulations including:
a. Laws regarding employment practices
					 including the Equal Employment Opportunity Act;
b. The Americans with Disabilities Act and
					 the Virginians with Disabilities Act;
c. For home and community-based services
					 waiver settings subject to this chapter,
					 42 CFR
					 441.301(c)(1) through
					 (4);
d. Occupational Safety and Health
					 Administration regulations;
e.
					 Virginia Department of Health regulations;
f. Virginia Department of Health Professions
					 regulations;
g. Virginia Department
					 of Medical Assistance Services regulations;
h. Uniform Statewide Building Code;
					 and
i. Uniform Statewide Fire
					 Prevention Code.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 1 - Management and Administration › Section 12VAC35-105-155 - Preadmission screening, discharge planning, involuntary commitment, and mandatory outpatient treatment orders

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Providers responsible for complying with §§
											37.2-505
					 and
					 37.2-606
					 of the Code of Virginia regarding community services board and behavioral
					 health authority preadmission screening and discharge planning shall implement
					 policies and procedures that include:
1.
					 Identification, qualification, training, and responsibilities of employees
					 responsible for preadmission screening and discharge planning.
2. Completion of a discharge plan prior to an
					 individual's discharge in consultation with the state facility that:
a. Involves the individual or his authorized
					 representative and reflects the individual's preferences to the greatest extent
					 possible consistent with the individual's needs.
b. Involves mental health, developmental
					 disability, substance abuse, social, educational, medical, employment, housing,
					 legal, advocacy, transportation, and other services that the individual will
					 need upon discharge into the community and identifies the public or private
					 agencies or persons that have agreed to provide them.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 1 - Management and Administration › Section 12VAC35-105-160 - Reviews by the department; requests for information; required reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
					 shall permit representatives from the department to conduct reviews to:
1. Verify application information;
2. Assure compliance with this chapter;
					 and
3. Investigate
					 complaints.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 1 - Management and Administration › Section 12VAC35-105-170 - Corrective action plan

Current through Register Vol. 40, No. 24, July 15, 2024
A. If there
					 is noncompliance with any applicable regulation during an initial or ongoing
					 review, inspection, or investigation, the department shall issue a licensing
					 report describing the noncompliance and requesting the provider to submit a
					 corrective action plan for each violation cited.
B. The provider shall submit to the
					 department a written corrective action plan for each violation cited.
C. The corrective action plan shall include
					 a:
1. Detailed description of the corrective
					 actions to be taken that will minimize the possibility that the violation will
					 occur again and correct any systemic deficiencies;
2. Date of completion for each corrective
					 action; and
3. Signature of the
					 person responsible for oversight of the implementation of the pledged
					 corrective action.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 1 - Management and Administration › Section 12VAC35-105-180 - Notification of changes

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 provider shall notify the department in writing prior to implementing changes
					 that affect:
1. Organizational or
					 administrative structure, including the name of the provider;
2. Geographic location of the provider or its
					 services;
3. Service description as
					 defined in these regulations;
4.
					 Significant changes to the staffing plan, position descriptions, or employee or
					 contractor qualifications; or
5.
					 Bed capacity for services providing residential or inpatient
					 services.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 1 - Management and Administration › Section 12VAC35-105-190 - Operating authority, governing body and organizational structure

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
					 shall provide the following evidence of its operating authority:
1. Public organizations shall provide
					 documents describing the administrative framework of the governmental
					 department of which it is a component or describing the legal and
					 administrative framework under which it was established and operates.
2. All private organizations except sole
					 proprietorships shall provide a certificate from the State Corporation
					 Commission.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 1 - Management and Administration › Section 12VAC35-105-200 - Appointment of administrator

Current through Register Vol. 40, No. 24, July 15, 2024
The provider shall appoint qualified persons to whom it
						delegates, in writing, the authority and responsibility for the administrative
						direction and day-to-day operation of the provider and its
						services.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 1 - Management and Administration › Section 12VAC35-105-210 - Fiscal accountability

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 provider shall document financial arrangements or a line of credit that are
					 adequate to ensure maintenance of ongoing operations for at least 90 days on an
					 ongoing basis. The amount needed shall be based on a working budget showing
					 projected revenue and expenses.
B.
					 At the end of each fiscal year, the provider shall prepare, according to
					 generally accepted accounting principles (GAAP) or those standards promulgated
					 by the Governmental Accounting Standards Board (GASB) and the State Auditor of
					 Public Accounts:
1. An operating statement
					 showing revenue and expenses for the fiscal year just ended.
2. A balance sheet showing assets and
					 liabilities for the fiscal year just ended. The department may require an audit
					 of all financial records by an independent Certified Public Accountant (CPA) or
					 as otherwise provided by law or regulation.
3. Providers operating as a part of a local
					 government agency are not required to provide a balance sheet; however, they
					 shall provide a financial statement.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 1 - Management and Administration › Section 12VAC35-105-220 - Indemnity coverage

Current through Register Vol. 40, No. 24, July 15, 2024
To protect the interests of individuals, employees, and
						the provider from risks of liability, there shall be indemnity coverage to
						include:
1. General
					 liability;
2. Professional
					 liability;
3. Commercial vehicular
					 liability; and
4. Property
					 damage.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 1 - Management and Administration › Section 12VAC35-105-230 - Written fee schedule

Current through Register Vol. 40, No. 24, July 15, 2024
If the provider charges for services, the written
						schedule of rates and charges shall be available to the individual or
						authorized representative upon request.
Statutory Authority
§ 37.2-203 of the Code of Virginia.