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Licensing Procedures
Policy Review Process
Prior to receiving a visit from a Human Rights Advocate, your Complaint Resolution Policy must be approved. Additionally, the Human Rights Compliance Verification Checklist (HRCVC) must be completed and submitted. Please submit the required documentation via email to OHRPolicy@dbhds.virginia.gov. Within 30 working days of receipt of the required information, you will be notified of the status of your complaint resolution policy. If approved, you will receive the OHR Welcome Letter, the current statewide provider training schedule, and a copy of the HRCVC. If not approved, guidance for compliance will be provided to assist you in becoming compliant.
Providers of group home, sponsored residential, supported living, group day and group supported employment services available in a Developmental Disabilities (DD) waiver are required to demonstrate full compliance with Home and community-based services (HCBS) settings requirement in all settings (42 CFR Part 430, 431). Approval by the Office of Human Rights of your Complaint Resolution Policy is separate and different from the review and determination by DMAS to approve your HCBS-specific policies. Compliance with the Human Rights Regulations is required and begins with approval of your Complaint Resolution Policy. For more information, go to the HCBS Toolkit on the DMAS website linked here: Home and Community Based Services Toolkit (virginia.gov)
Existing Provider Information
Please submit the Human Rights Compliance Verification Checklist (HRCVC) for Existing Providers to OHRPolicy@dbhds.virginia.gov and notify the Human Rights Advocate when the service modification request has been submitted to the Office of Licensing. If you will be providing services in a different region, the Advocate will connect you with the appropriate Regional Advocate in the new region. You will be advised about the LHRC’s in your new region and other relevant or pertinent information.
If you are a provider that currently holds a license with DBHDS and are seeking information regarding the changes to Crisis Services and Crisis Licenses effective 7-17-2024 including the new crisis regulations, how to transfer from the 07-006 license to the Crisis Receiving Center (23 hour service) license, or how to be approved for seclusion in your services, please access the Office of Licensing webpage and review the Power Point training presentation and materials that were reviewed during the provider training held on 7-10-2024. Requirements for the Office of Human Rights related to the use of seclusion in CRCs and CSUs along with the approval process are included and this information can be accessed directly from the Office of Licensing or Human Rights website. The Office of Licensing website can be found here: Office of Licensing Webpage
Please visit the Office of Licensing webpage as referenced above to view the recording of the full Crisis Regulatory Training facilitated by the Office of Licensing on 7-10-24, where FAQs may also be found. The Office of Human Rights specific slides presented during the training, as well as the Office of Human Rights specific FAQs are found in the “Training” section below.
For questions related to the implementation of the new regulations, please submit your questions to the Office of Licensing using the link listed below, who will be reviewing questions daily and will be posting/updating our Q/A document two times per week.
Crisis Services Regulatory Training Q & A Submission form for Licensed Providers.
Training
Frequently Asked Questions
Slide Decks and Supplemental Materials
Crisis Regulatory Training (*Office of Human Rights Portion only) – Slides of the full training are available for review on the Office of Licensing webpage: Office of Licensing Webpage)
Reporting in CHRIS: Abuse, Neglect, Exploitation, & Human Rights Complaints
- Slide Deck
- Reporting in CHRIS – Handout (Regulation Guidance and Technical Assistance)
- CHRIS Enhancement Aid – 7.6.23
Restrictions, Behavioral Treatment Plans, & Restraints
The Human Rights Regulations: An Overview
Investigating Abuse & Neglect: An Overview for Community Providers
- Slide Deck
- Investigations Training Manual
- Optional Investigation Form
- Investigation Review Sheet
- Abuse and Neglect – Investigative Review Process (Supplemental Training Video):
- Please note that reviewing this training video does not constitute meeting the regulatory or policy requirement of being a trained investigator in totality; nor replaces the need to attend the live web-based Investigating Abuse and Neglect training to obtain the certificate to be considered a trained investigator. This training video is a supplemental resource only, and is an informational review of the process regarding investigation of abuse and neglect. Providers may use the video as a supplemental resource after an employee has received the full training, or as an interim solution when the provider staff has registered for the next available live web-based training AND the training session is more than 30 days away.
Memorandums, Technical Assistance, & Other Important Information
- Mobile Crisis Response Memo_11.1.24
- About Dignity of Risk – Fact Sheet_10.29.24
- Clarification: DBHDS Risk Management Requirements – Conducting Investigations and the Required OHR Investigator Training 10.21.24
- Office of Human Rights CAP Dispute Process Memo 9.27.24
- Notice of DRAFT Noncontroversial Streamlining, Clarifying, and Regulatory Reductions to Chapter 115 and Public Comment Period dated 9.23.2024
- OHR Guidance on Monitoring Devices 9.16.24
- CSU TDO Memo_7.24.24
- Seclusion and Restraint Data Summary (Reporting Year 2023)_5.30.24
- Use of Seclusion in Crisis Settings Memo_4.22.24
- P2P Tracking Tool (*OPTIONAL)_2.7.24
- New Guidance OHR Reporting P2P Aggression_2.1.24
- Seclusion and Restraint Reporting Form PowerPoint -1.13.24
- OHR Seclusion and Restraint Form Guide CY2023 -12.27.23
- Community Annual Restraint and Seclusion Reporting Memo 2023 -12.20.23
- Annual Seclusion/Restraint Reporting Quality Improvement Initiative_11.20.23
- CHRIS Enhancement Aid_7.6.23
- Human Rights Regulations (HRR)
- Annual Seclusion and Restraint Reporting Memo_12.20.22
- CONNECT Helpdesk update_4.1.22
- Provider Memo re: Use of Isolation, Quarantine and Seclusion_1.25.22
- Guidance on COVID-19 Vaccine for Providers_2.10.21
- Guidance to Providers on DBHDS’s Legal Authority to Require Names of Certain Employees 8.19.2020
- OHR COVID-19 Update Memo_3.14.20
Rights Posters
LHRC Review Forms and Procedural Expectations for Providers
- LHRC Review Forms Overview for Providers_10.18.22
- Behavioral Treatment Plan (BTP) with Restraint or Time-Out_8.13.24
- Consent and Authorization_8.13.24
- Formal Variance Application_8.13.24
- Human Research Notification_8.13.24
- Next Friend_8.13.24
- Restrictions to Dignity and/or Freedoms_8.13.24
Variance Requests
The State Human Rights Committee considers requests for variances to The Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services at its meetings. Please contact your Regional Advocate for assistance with this process.