|Action||Regulatory Reduction 2023|
|Comment Period||Ended on 9/13/2023|
1. 22VAC40-73-140. Administrator qualifications - A - The administrator shall be at least 21 years of age.
• To increase the workforce potential, I recommend to change the age to 18.
2. 22VAC40-73-140. Administrator qualifications
• Recommend to collaborate with Virginia Board of Long-Term Care Administrators to reduce barriers to licensure as an Administrator. The current requirements are cumbersome, costly, and time consuming. Suggest studying other nearby states and to lessen preceptor hours, time, and testing.
3. 22VAC40-73-150. Administrator provisions and responsibilities - B.2
• Recommend to collaborate with Virginia Board of Long-Term Care Administrators to reduce barriers to licensure as an Administrator, Suggest studying other nearby states and to lessen preceptor hours, time, and testing. The current testing does not apply to license assisted living in the state of Virginia. It is not necessary to have an assisted living administrator pass a national test for nursing homes; this requirement create a barrier for the business and most especially for the health of seniors in VA.
4. 22VAC40-73-150. Administrator provisions and responsibilities - B.3-4 –
• Improve clarity and allow for qualification by experience as is currently an eligible qualification for the AIT program.
5. 22VAC40-73-150. Administrator provisions and responsibilities - B.5-6
• This timeline can be difficult to meet with an AIT needing 640 hours = (at no more than 40 hrs/wk) = 16 weeks = 112 days. This does not include the timeframe of mail systems and state processing, nor availability of testing dates.
6. 22VAC40-73-150. Administrator provisions and responsibilities - B.9
• With the current workforce shortages, this Standard significantly hinders an industry that has a high rate of retirement and turnover. Recommend eliminating this restriction from the Standards and the Code.
The Virginia Assisted Living Association (VALA) represents licensed assisted living communities from throughout Virginia of varying organizational structures and resident capacities. We thank the Board of Long-Term Care Administrators (Board) for considering areas of improvement to the current regulations that will eliminate some of the barriers in the recruitment, licensure, and retention of licensed assisted living facility administrators.
In consultation with many assisted living providers throughout the Commonwealth, Virginia’s regulations for licensure as an Assisted Living Facility Administrator are amongst the strictest in the nation and present a significant barrier to entry. According to the Virginia Health Care Workforce Data Center report Virginia’s Assisted Living Facility Administrator Workforce: 2022, it is expected that half of the currently licensed workforce will be retired within 20 years. This is alarming and does not include the licensed administrators that have left the industry within the last few years due to burn-out. With an industry that provides for the care and support of Virginia’s aging population that will exponentially increase in the next 20 years, it is imperative that Virginia streamline the licensure process for administrators.
The two biggest barriers to licensure as an assisted living facility administrator in Virginia are the significant number of hours required for an AIT program and the requirement of applicants to pass a national test that sometimes conflicts with Virginia’s regulations. We welcome the review to reduce these burdensome regulations pursuant to Executive Order 19.
Listed below are some recommendations for improvements and regulations of concern:
1. Submit the renewal notice or request renewal
by mail to the board;
The documents required in subsection A of this section shall be received in the board office within one year of the initial expiration date. Postmarks shall not be considered.
If the program is interrupted because the registered preceptor is unable to serve, the trainee shall notify the board within 10 working days
and shall obtain a new preceptor who is registered with the board within 60 days.
Being able to welcome staff members from a variety of backgrounds, professions, and industries helps to provide continuity of care for Virginia’s seniors. Improving Virginia’s administrator-in-training program by reducing barriers to entry will eliminate the unintentional discrimination of AIT candidates based on income status, employment at small businesses, or employment in rural areas.
Virginia’s long-term care communities need more opportunities to recruit, to train, and to license administrators. With these considerations in mind, we thank the Board of Long-Term Care Administrators for considering these recommendations and concerns of the Regulations Governing the Practice of Assisted Living Facility Administrators. Please let us know if you have any questions regarding these comments.
Please help us get qualified individuals the chance to give great care with a good licensing process.