September 07, 2020

In compliance with HB2652 in the 2019 General Assembly Session, regulations are finally ready for comment and enactment.  Let me give you a bit of background:

  • In the two years before the 2019 Session there had been several attempts by the Joint Commission on Health Care to create legislation to establish a “registry” for individuals who would work directly with individuals in DD Waiver programs.
  • Each attempt promised to either be similar to the QMHP registry with DHP or to be “free standing” and managed by DBHDS.  In either case, we faced the prospect of either additional cost, additional requirements or both.  And it appeared that it would certainly prove to be a barrier to recruitment in an environment that was already very challenging!
  • The compromise we worked out is reflected in the Regulations to be available for comment on 14 September – see the Provider Quicklinks in the sidebar.
  • Each licensed provider will ask any prospective staff (who is in the category requiring a criminal background check) to sign a consent to disclosure to be provided with a request for the release of information to any other DBHDS Licensed provider who would serve as a reference.  That provider has the authority of the regulation to release information including performance, discipline and the reason for separation if applicable.
  • It is far more information than most feel comfortable releasing now, and simply the process of obtaining the release for disclosure is likely to “weed out” some of the bad actors who try to move from one provider to another.