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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9/22/23  4:40 pm
Commenter: Chloe Burke

Opposed to Fast Track process.

I object to the utilization of the fast-track process, as opposed to the customary regulatory promulgation process, for the implementation of the Involuntary Discharge regulations. It is my firm belief that Assisted Living Facilities (ALFs) require more comprehensive information regarding the new appeals process and the role of the newly established Division of Appeals and Fair Hearings.

The proposed regulations, unfortunately, lack the requisite level of detail necessary for ALFs to fully comprehend the intricacies of the appeals process. Specifically, there is a notable absence of information regarding when a resident may initiate an appeal, the precise documentation that must be submitted to the Division, the expected timeframe for response to such requests, as well as the timelines that the Department of Social Services (DSS) will adhere to when conducting an appeal hearing and disseminating the notice of findings to both the resident and the facility.

Given the significance of these matters, it is imperative that ALFs are provided with clear guidelines and instructions, enabling them to navigate the appeals process with confidence and precision. The current lack of specificity within the proposed regulations not only hampers ALFs' ability to comply effectively but also raises concerns about the potential for procedural ambiguities and inconsistencies.

I respectfully urge you to reconsider the use of the fast-track process and instead opt for the customary regulatory promulgation process. By doing so, we can ensure that ALFs are equipped with the necessary information and guidance to effectively administer the appeals process in accordance with the established protocols.


Thank you, 

Chloe Burke

CommentID: 220382