The Virginia Health Care Association-Virginia Center for Assisted Living (VHCA-VCAL) submits this comment on behalf of its members.

22VAC40-73-430 Discharge of Residents

1. Recommended edits for clarity and practicality:

(I) 2. Providing access to a listing of licensed facilities that may be able to meet the resident's needs or arranging an appointment with the resident and the resident's legal representative or designated contact person, if any, and, if requested, the contact information for the local DSS agency to request a case manager who can provide such information;

2. Existing law or policy does not require facilities to pay for or handle packing and moving individuals. Adding such requirements could strain resources and create operational challenges and undue negative implications. The following language should be removed:

(I) 3. If needed, providing assistance with packing the resident's possessions or paying for a third party to do so, less any insurance, government, or other comparable assistance that the resident is entitled to receive; and

(I) 4. If needed, providing assistance with moving and transportation to the resident's new location or paying for a third party to provide such moving and transportation, less any insurance, government, or other comparable assistance that the resident is entitled to receive.

J. No facility shall be required to pay more for relocation assistance as described in subsection I of this section than the monthly charges for accommodations, services, and care as described in the resident agreement (22VAC40-73-390 A), and no facility shall be required to move and transport a resident's belongings outside the state unless such assistance is for a location outside the state within 50 miles of the facility.

K. If the facility employs a third party to pack, move, or transport the resident's belongings as described in subdivisions I 3 and I 4 of this section, no costs shall be billed to the resident.

22VAC40-73-435 Involuntary and emergency discharge appeals

1. Under the proposal, a person may stay at the facility for up to 80 days following an involuntary discharge notice. Given that a 30-day advance notice is required prior to discharge, it is recommended that the Division of Appeals and Fair Hearings adopt expedited timelines compared to those outlined in the proposed regulations. 

(E) 2. The Division of Appeals and Fair Hearings will provide written confirmation of receipt of the discharge appeal hearing request form to the resident and the resident's legal representative or designated contact person, if any, and the facility within 10 7 days of receipt of the discharge appeal hearing request form.

(E) 3. The hearing officer will conduct an appeal hearing within 30  15 days following the date of confirmation, unless a different timeframe is agreed upon by the parties and the hearing officer.

(E) 5. A final written department case decision, as defined in § 2.2-4001 of the Code of Virginia, will be sent by mail and electronic mail to the resident and the resident's legal representative or designated contact person, if any, and the facility within 20  7 days of the hearing, unless the case record is held open by the hearing officer to receive additional evidence.

Thank you for your consideration.