Coping with DOJ in the Midst of a Global Pandemic

May 17, 2020

Late Friday you should have received a notice from the Office of Licensing which outlined the current and immediate expectations for Licensing inspections of DD providers focused on those specific issues which are the subject of the current interest of DOJ.  To put this clearly into perspective, the Commonwealth intends to push ahead to exit the Settlement agreement on time (July 2021) which means compliance by June 30, 2020.   To that end the Office of Licensing expects each Specialist to complete, on average, four reviews each week; the results are to be summarized with data reflecting that Virginia providers are working toward compliance (note in Attachment A to the Memo the expectation that 86% of the providers are found to be compliant on the specified performance measures) in a report to DOJ due this summer.   We have had several very productive conversations with Jae Benz, Director of the Office of Licensing; while we can not be sure that the “Administration” writ large understands the challenges that we face as providers while trying, on a minute-by-minute basis, to keep our staff and the individuals we support safe and healthy, we are sure that Jae and her staff are doing as much as they can to make this as reasonable as possible.   We know that remote inspections place a much greater burden of time on the provider.  Here are a couple of tips and tricks which may be helpful:
  • Assess the reality of how long it will take to copy, scan and send the requested documents; ask for an extension of time if you genuinely do not think you have sufficient time.
  • For all requested documents, copy from the original and scan from the copy (don’t forget the back of two sided documents!) and name/number the scanned documents before you attach to an email.  Keeping the copies organized in the same way they are sent will help you identify which document “gets lost” in transmission.
  • Sending the documents by email will take multiple emails; organize and name/number the emails so you can identify the attachments.
  • Ask for an exit conference! While the time is limited, an exit conference will offer an opportunity to answer questions and clarify anything the Specialist does not understand, prior to the CAP.
Oh, and keep in mind that DMAS is conducting QMR reviews and the new contractor for the QSR reviews is poised to begin reviews in the near future.