We welcome the review of the regulations for potential amendments for clarity, improved definitions, and technical edits for ease of understanding. The Virginia Assisted Living Association (VALA) has consulted with licensed assisted living providers to review the General Procedures and Information for Licensure for assisted living facilities. Listed below are preliminary recommendations to improve the regulations.

22VAC40-80-10. Definitions

“Applicant” means the person, corporation, partnership, association, limited liability company, or public agency that has applied for a license to operate or maintain an assisted living facility.

• Does the listing need to be as specific or could it be “Applicant means the person or entity, corporation, partnership, association, limited liability company, or public agency that has applied for a license to operate or maintain an assisted living facility,…”

22VAC40-80-10. Definitions

“Licensee” means the person, corporation, partnership, association, limited liability company, or public agency to whom a license is issued and who is legally responsible for compliance with the regulations and statutory requirements related to the operation of the assisted living facility,…”

• Does the listing need to be as specific or could it be “Licensee means the person or entity, corporation, partnership, association, limited liability company, or public agency to whom a license is issued and who is legally responsible for compliance with the regulations and statutory requirements related to the operation of the assisted living facility,…”

22VAC40-80-10. Definitions

“Provisional license”  

• Recommend providing clarification on whether a provisional license is an adverse action, since it is not a regular license

22VAC40-80-60. General

A license to operate a facility or agency is issued to a specific person or organization to provide out-of-home care to children or adults.”  

• “Out-of-home care” is not an accepted term as an assisted living community is a resident’s home. Other terminology could be used such as “provide congregational care.”

22VAC40-80-120-E. Terms of the license

• Recommend making the language more concise and less redundant. Below is potential rewriting of the subsection:

E. Certain documents related to the terms of the license that are listed below are required to be posted on the premises of each facility in a prominent location.

1. The most recently issued license.
2. The findings of the most recent inspection of the facility.
3. Any other document required by the commissioner.
4. The below documents are to be posted at each public entrance of the facility in addition to a prominent location.
   1. Any provisional license along with a notice that shall be prominently displayed next to the license with a description of the specific violations of licensing standards to be corrected and the deadline for completion of such corrections is available for inspection at the facility or on the facility’s website, if applicable.
   2. Notice of the commissioner’s intent to revoke or deny renewal of the license of an assisted living facility to advise consumers of serious or persistent violations.
   3. A copy of any final order of summary of suspension of all or part of a license for an assisted living facility, a child welfare agency, an assisted living facility operated by an agency of the Commonwealth, or child welfare agency operated by an agency of the Commonwealth. A provider may display a written statement summarizing the terms of the order, printed in clear and legible size and typeface, in a prominent location and identifying the location within the facility where the final order of summary suspension may be reviewed.
   4. Notice of the commissioner’s intent to take any of the actions enumerated in subdivisions B 1 through B 7 of § 63.2-1709.2 of the Code of Virginia to advise consumers of serious or persistent violations.
   5. A copy of any special order issued by the department to advise consumers of serious or persistent violations.

22VAC40-80-130. Provider support services.

A. The programmatic regulations require both general and specific training in various subject areas. The department provides preapplication consultation, ongoing technical assistance and consultation, and formal training sessions.

• The verbiage “programmatic regulations” is not common terminology. Recommend removing the word programmatic.
• Technical assistance used to be published and readily available to all licensees, but that is no longer available.

22VAC40-80-140. The initial application.

A. Upon request, the department will provide an application form for a license to operate a facility or agency. There are a number of licensing offices located throughout the state.

• The recommended deletion is logistical information and is not relevant to the compliance of an actual regulation.

22VAC40-80-150. Approval of buildings and functional design features.

• Recommend removing the note or combining the information with 22VAC40-80-20, as much of the Note is duplicative of 22VAC40-80-20. Could put a reference to 22VAC40-80-20, but do not recommend the duplication.

Thank you for considering these opportunities for additional improvements to the General Procedures and Information for Licensure for Assisted Living Facilities. Please let us know if you have any questions about these suggestions.