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HOUSE BILL NO. 1423
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Health and Human Services
on ________________)
(Patron Prior to Substitute--Delegate McGuire)
A BILL to direct the Joint Commission on Health Care to conduct a study of the statutory and regulatory framework governing oversight, accountability, and investigation of providers licensed or overseen by the Department of Behavioral Health and Developmental Services; report.
Be it enacted by the General Assembly of Virginia:
1.
§ 1.
The Joint Commission on Health Care
(
the Commission
)
shall conduct a comprehensive study of the statutory and regulatory framework governing oversight, accountability, and investigative processes for all settings licensed or overseen by
the Department of Behavioral Health and Developmental Services (
DBHDS
)
, including providers participating in the
Medicaid
developmental disabilities
w
aiver programs.
Such
study shall include a review of the roles and investigative authority of the Department of Aging and Rehabilitative Services (DARS) and the Department of Social Services (DSS) and the coordination of investigative responsibilities among
DBHDS
, DARS, and DSS where oversight or investigative authority overlaps.
In conducting
th
e
study
,
the Commission
shall solicit input and feedback from family members or guardians of individuals receiving services, advocacy organizations, direct
care professionals, and any
additional stakeholders as determined necessary by
the Commission
.
Such
study shall include
(i)
an evaluation of
current practices permitting licensed providers to investigate allegations
of abuse or neglect involving their own staff, and assess whether such practices ensure
independence, impartiality, transparency, accountability, and due process;
(ii)
review of
available data and processes related to complaints, investigations,
findings, appeals, corrective actions, and access to investigative information by
beneficiaries and guardians, including data maintained by DBHDS, DARS, and DSS;
(iii)
examination of
best practices and oversight models used in other states, including
models that employ independent or third-party investigative mechanisms, and consider
ation of
whether alternative or Virginia-specific approaches could better address the
Commonwealth's service structure, population needs, and regulatory environment
;
and
(iv)
a
ssessing alignment with applicable Medicaid and
Home and Community-Based Services
requirements.
The Commission shall review whether allowing licensed providers to investigate allegations
involving their own staff satisfies
the
principles of independence, impartiality, and due process, and
shall identify circumstances in which such practices may undermine accountability or public confidence.
The Commission shall
report
on its
findings and recommendations
, includi
ng identification of
any statutory or regulatory changes necessary to implement recommended oversight or investigative models
, to the Chairs of the House Committee on Health and Human Services and the Senate Committee on Education and Health by November 1, 2026.