Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Social Services
Board
State Board of Social Services
chapter
Standards for Licensed Assisted Living Facilities [22 VAC 40 ‑ 73]
This action is exempt from the executive branch review process.
Action:
Amend ALF Standards to Comply with Code Requirements
 
General Information
Action Summary This regulatory action will amend the Standards for Licensed Assisted Living Facilities, 22VAC40-73, to implement the provisions of multiple bills from the 2019 General Assembly session. Pursuant to Chapter 602 of the Virginia Acts of Assembly 2019, § 63.2-1805 of the Code of Virginia (Code), the regulation will be amended to add information to the assisted living facility (facility) disclosure statement, which is provided to prospective residents and legal representatives, regarding emergency electrical power sources for the provision of electricity during an interruption of the normal electric power supply. Pursuant to Chapter 448 of the Virginia Acts of Assembly 2019, § 63.2-1803 of the Code, the regulation will be amended to require a facility to notify the Board of Long-Term Care Administrators and the Department of Social Services’ regional licensing office when the licensed administrator dies, resigns, is discharged or becomes unable to perform his duties. The regulation will be amended to increase from one to two the number of times a facility may operate under the supervision of an acting administrator during a two-year period, unless authorized by the Department of Social Services. Pursuant to Chapters 97 and 294 of the Virginia Acts of Assembly 2019, the regulation will be amended to require fewer staff at night in special care units. The ratios are amended to reflect that with 22 or fewer residents, at least two staff; with 23 to 32 residents, at least three staff; and with 33 to 40 residents, at least four staff. Pursuant to Chapter 91 of the Virginia Acts of Assembly 2019, the regulation will be amended to require that assisted that facilities either have an on-site emergency generator or an agreement with a primary vendor and a secondary vendor to provide the facility with an emergency generator for the provision of electricity during an interruption of the normal electric power supply. When a facility has an on-site generator, the facility must include in its emergency preparedness and response plan a description of the generator’s capacity to provide sufficient power for the operation of lighting, ventilation, temperature control, supplied oxygen, and refrigeration. The regulation will be amended to require testing of the generators and connections. Facilities will be granted one year to comply with generator requirements promulgated pursuant to this act. In addition to the above, technical changes will be made to 22VAC40-73-150 to (i) place the content of exceptions into the standard to eliminate the exception structure and (ii) for clarity, add to the standard a current Code requirement that limits the length of time a facility can be operated by an acting administrator.
Chapters Affected Only affects this chapter.
Exempt from APA Yes, this action is exempt from Article II of the APA and executive branch review.
Exempt Citation: 2.2-4006 A.4.a.
RIS Project Yes  [006006]
Associated Mandates
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
8659 Final Submitted to the Registrar and awaiting publication (9/16/2019).
 
Contact Information
Name / Title: Judith McGreal  / Program Consultant
Address: 801 E. Main Street
Richmond, VA 23219
Email Address: judith.mcgreal@dss.virginia.gov
Phone: (804)663-5535    FAX: (804)819-7093    TDD: ()-

This person is the primary contact for this chapter.