Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
Standards for Licensed Assisted Living Facilities [22 VAC 40 ‑ 73]
Action Update Standards to Add Appeal Process for Discharges
Stage Fast-Track
Comment Period Ended on 9/27/2023
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9/20/23  7:39 pm
Commenter: Mark Klyczek, The Huntington Assisted Living

Objection to Fast Track Process for Involuntary Discharge

Hello, I am opposed to using the fast track process rather than the normal regulatory promulgation process for the Involuntary Discharge regulations because ALFs need more information about the new appeals process and the role of the Division of Appeals and Fair Hearings. 

The proposed regulations do not provide enough detail for ALFs to know what the newly created “Division of Appeals and Fair Hearing” process for appeals will require, such as when a resident may have filed an appeal, the documentation required to be submitted to the Division and the timeframe for response to such requests, as well as the timelines DSS will use for conducting an appeal hearing and providing the notice of findings to the resident and facility.

Thank you

CommentID: 220362