Heads Up!

June 07, 2020

DBHDS is frantic in its attempt to meet the requirements of DOJ and providers need to pay attention as new “rules” are added without opportunity for review or consideration of the implications!  The three new Guidance Documents which you may have received in the 29 page set of memos on Friday are to be posted for comment on 22 June (the same day that the “Final” regulations are posted), but the “Incident Reporting Requirements Memo” describes progressive action for repeat citations for failure to report a Level 2 or Level 3 incident within 24 hours of discovery will begin 15 June. That particular document includes the same very troublesome language about developing corrective action which will prevent recurrence that is found in the Final Regulations which we described in the post of 2 June.  It also includes other issues of concern that might warrant comment when that opportunity is available.  In the meantime, it appears that they intend to begin implementation! There is no argument that the standard in 12VAC35-105-160 D. 2. is that reporting be done within 24 hours of discovery of a Level 2 or Level 3 incident; if you are non-compliant with that requirement, you should become compliant – right now!   No excuses, no mistakes, no power failures that eliminate the only two allowable methods of reporting, no updates at 49 hours after the initial report because the physician was waiting for test results, no authorized reporter being unable to access the CHRIS system because they are symptomatic and self-isolating — no errors allowed! The fourth citation of failure to report a Level 2 or 3 serious incident or an allegation of abuse, neglect or exploitation within 24 hours within a two year period may result in the denial of an application or license renewal (the easiest course of action because it can not be appealed), the issuance of a Provisional License or the revocation of a full, conditional or provisional license due to the provider’s failure to submit or implement an adequate CAP.