Agencies | Governor
Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
Standards for Licensed Assisted Living Facilities [22 VAC 40 ‑ 73]
This action is exempt from the executive branch review process.
Assisted Living Facility Mixed Population Staffing Requirement
General Information
Action Summary This proposed regulatory action is necessary to implement the requirement of Senate Bill 875 and House Bill 1439 (identical bills) of the 2018 General Assembly to allow an exception to the staffing requirement for assisted living facilities that provide care for adults with serious cognitive impairments who cannot recognize danger or protect their own safety and welfare that at least two direct care staff members be awake, on duty, and responsible for the care and supervision of residents in each building at all times when residents are present. This regulatory action amends 22VAC40-73-1020.A, Standards for Licensed Assisted Living Facilities, to add an exception to the staffing requirement for assisted living facilities that are licensed for 10 or fewer residents if no more than three of the residents have serious cognitive impairments. For assisted living facilities that meet the exception, the current staffing requirements of 22VAC40-73-280.D, Standards for Licensed Assisted Living Facilities, would apply.
Chapters Affected Only affects this chapter.
Exempt from APA Yes, this action is exempt from Article 2 of the Administrative Process Act.
Exempt Citation: 2.2-4006.A.4.a
RIS Project Yes  [005536]
Is Federal action a driving factor in this regulatory change? If so, please provide a specific reference to the law, regulation or court case.
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
8311 Final Stage complete. This regulation became effective on 08/23/2018.
Contact Information
Name / Title: Judith McGreal  / Program Consultant
Address: 801 E. Main Street
Richmond, VA 23219
Email Address:
Phone: (804)663-5535    FAX: (804)819-7093    TDD: ()-

This person is the primary contact for this chapter.