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 Virginia Administrative Code (Last Updated: January 10, 2017)
 Title 12. Health
 Agency 35. Department of Behavioral Health and Developmental Services
 Chapter 105. Rules and Regulations for Licensing Providers Bythe Department of Behavioral Health and Developmental Services

  Section 160. Reviews by the department; requests for information  

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  • 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.

    B. The provider shall cooperate fully with inspections and provide all information requested to assist representatives from the department who conduct inspections.

    C. The provider shall collect, maintain, and report or make available to the department the following information:

    1. Each allegation of abuse or neglect shall be reported to the assigned human rights advocate and the individual's authorized representative within 24 hours from the receipt of the initial allegation. Reported information shall include the type of abuse, neglect, or exploitation that is alleged and whether there is physical or psychological injury to the individual.

    2. Each instance of death or serious injury shall be reported in writing to the department's assigned licensing specialist within 24 hours of discovery and by phone to the individual's authorized representative within 24 hours. Reported information shall include the following: the date and place of the individual's death or serious injury; the nature of the individual's injuries and the treatment received; and the circumstances of the death or serious injury. Deaths that occur in a hospital as a result of illness or injury occurring when the individual was in a licensed service shall be reported.

    3. Each instance of seclusion or restraint that does not comply with the human rights regulations or approved variances or that results in injury to an individual shall be reported to the individual's authorized representative and the assigned human rights advocate within 24 hours.

    D. The provider shall submit, or make available, reports and information that the department requires to establish compliance with these regulations and applicable statutes.

    E. 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; however, there shall be no right of access to communications that are privileged pursuant to § 8.01-581.17 of the Code of Virginia.

    F. Additional information requested by the department if compliance with a regulation cannot be determined shall be submitted within 10 business days of the issuance of the licensing report requesting additional information. Extensions may be granted by the department when requested prior to the due date, but extensions shall not exceed an additional 10 business days.

    G. Applicants and providers shall not submit any misleading or false information to the department.

Historical Notes

Derived from Volume 18, Issue 18, eff. September 19, 2002; amended, Virginia Register Volume 28, Issue 05, eff. December 7, 2011.

Statutory Authority

§ 37.2-203 of the Code of Virginia.