12 Va. Admin. Code § 30-60-61
A. Definitions. The following words and terms when used in this section shall have the following meanings unless the context indicates otherwise:
"At risk" means one or more of the following: (i) within the two weeks before the, comprehensive needs assessment, the individual shall be screened by a licensed mental health professional (LMHP), licensed mental health professional-resident (LMHP-R), licensed mental health professional--resident in psychology LMHP-RP, or licensed mental health professional-supervisee (LMHP-S) for escalating behaviors that have put either the individual or others at immediate risk of physical injury; (ii) the parent or guardian is unable to manage the individual's mental, behavioral, or emotional problems in the home and is actively, within the past two to four weeks, seeking an out-of-home placement; (iii) a representative of either a juvenile justice agency, a department of social services (either the state agency or local agency), a community services board/behavioral health authority, the Department of Education, or an LMHP, LMHP-R, LMHP-RP, or LMHP-S, and who is neither an employee of nor consultant to the intensive in-home (IIH) services or therapeutic day treatment (TDT) provider, has recommended an out-of-home placement absent an immediate change of behaviors and when unsuccessful mental health services are evident; (iv) the individual has a history of unsuccessful services (either crisis intervention, crisis stabilization, outpatient psychotherapy, outpatient substance abuse services, or mental health skill-building) within the past 30 calendar days; or (v) the treatment team or family assessment planning team (FAPT) recommends IIH services or TDT for an individual currently who is either: (a) transitioning out of psychiatric residential treatment facility (PRTF) services, (b) transitioning out of a therapeutic group home, (c) transitioning out of acute psychiatric hospitalization, or (d) transitioning between foster homes, mental health case management, crisis intervention, crisis stabilization, outpatient psychotherapy, or outpatient substance abuse services.
"Comprehensive needs assessment" means the same as defined in 12VAC30-50-130.
"Licensed assistant behavior analyst" means a person who has met the licensing requirements of 18VAC85-150 and holds a valid license issued by the Department of Health Professions.
"Licensed behavior analyst" means a person who has met the licensing requirements of 18VAC85-150 and holds a valid license issued by the Department of Health Professions.
"Out-of-home placement" means placement in one or more of the following: (i) therapeutic group home; (ii) regular foster home if the individual is currently residing with the individual's biological family and, due to his behavior problems, is at risk of being placed in the custody of the local department of social services; (iii) treatment foster care if the individual is currently residing with the individual's biological family or a regular foster care family and, due to the individual's behavioral problems, is at risk of removal to a higher level of care; (iv) psychiatric residential treatment facility; (v) emergency shelter for the individual only due either to his mental health or behavior or both; (vi) psychiatric hospitalization; or (vii) juvenile justice system or incarceration.
"Progress notes" means individual-specific documentation that contains the unique differences particular to the individual's circumstances, treatment, and progress that is also signed and contemporaneously dated by the provider's professional staff who have prepared the notes. Individualized progress notes are part of the minimum documentation requirements and shall convey the individual's status, staff interventions, and, as appropriate, the individual's progress or lack of progress toward goals and objectives in the plan of care.
"Qualified paraprofessional in mental health" or "QPPMH" means the same as the term is defined in 12VAC35-105-20.
"Unsuccessful services" means, as measured by ongoing behavioral, mental, or physical distress, that the services did not treat or resolve the individual's mental health or behavioral issues.
"Youth" means an individual younger than 21 years of age who is receiving community mental health or behavioral therapy services.
B. Utilization review requirements for all services in this section.
C. Utilization review of intensive in-home (IIH) services for youth.
2. Youth qualifying for this service shall demonstrate a clinical necessity for the service arising from mental, behavioral or emotional illness that results in significant functional impairments in major life activities. Youth must meet at least two of the following criteria on a continuing or intermittent basis to be authorized for these services:
7. These services shall be provided when the clinical needs of the youth put youth at risk for out-of-home placement, as these terms are defined in this section:
b. When the youth's residence as the setting for services is more likely to be successful than a clinic.
The comprehensive needs assessment shall describe how the youth meets either subdivision 7 a or 7 b of this subsection.
D. Utilization review of therapeutic day treatment for youth.
2. Therapeutic day treatment is appropriate for youth who meet one of the following criteria:
b. Youth whose behavior and emotional problems are so severe they cannot be handled in self-contained or resource emotionally disturbed (ED) classrooms without:
7. The youth qualifying for this service shall demonstrate a clinical necessity for the service arising from a condition due to mental, behavioral, or emotional illness that results in significant functional impairments in major life activities. The youth shall meet at least two of the following criteria on a continuing or intermittent basis:
E. Utilization review of therapeutic group home services.
F. Utilization review of behavioral therapy services for youth.
9. The following shall not be covered under this service:
12. Other standards to ensure quality of services:
§ 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.
Derived from Virginia Register Volume 14, Issue 7, eff. January 22, 1998; amended, Virginia Register Volume 20, Issue 7, eff. February 1, 2004; Volume 22, Issue 8, eff. January 25, 2006; Volume 31, Issue 9, eff. January 30, 2015; Volume 35, Issue 6, eff. December 12, 2018; Volume 35, Issue 24, eff. August 22, 2019; Volume 38, Issue 12, eff. March 17, 2022.