Current through Register Vol. 41, No. 3, September 23, 2024
A. The licensee
shall ensure compliance with all regulations for licensed assisted living
facilities and terms of the license issued by the department; with relevant
federal, state, and local laws; with other relevant regulations; and with the
facility's own policies and procedures.
B. The licensee shall:
1. Give evidence of financial responsibility
and solvency.
2. Be of good
character and reputation in accordance with §
63.2-1702 of the Code of
Virginia. Character and reputation investigation includes background checks as
required by §
63.2-1721 of the Code of
Virginia.
3. Meet the requirements
specified in the Regulation for Background Checks for Assisted Living
Facilities and Adult Day Centers (22VAC40-90).
4. Act in accordance with General Procedures
and Information for Licensure (22VAC40-80).
5. Protect the physical and mental well-being
of residents.
6. Exercise general
supervision over the affairs of the licensed facility and establish policies
and procedures concerning its operation in conformance with applicable law,
this chapter, and the welfare of the residents.
7. Ensure that the licensee, the licensee's
agents, the facility administrator, or facility staff or the relatives of any
of these persons shall not act as, seek to become, or become the conservator or
guardian of any resident unless specifically so appointed by a court of
competent jurisdiction pursuant to Article 1 (§
64.2-2000 et seq.) of Chapter 20
of Title 64.2 of the Code of Virginia.
8. Ensure that the current license is posted
in the facility in a place conspicuous to the residents and the
public.
9. Ensure that the facility
keeps and maintains at the facility records, reports, plans, schedules, and
other information as required by this chapter for licensed assisted living
facilities.
10. Ensure that any
document required by this chapter to be posted shall be in at least 12-point
type or equivalent size, unless otherwise specified.
11. Make certain that when it is time to
discard records, they are disposed of in a manner that ensures
confidentiality.
12. Ensure that at
all times the department's representative is afforded reasonable opportunity to
inspect all of the facility's buildings, books, and records and to interview
agents, employees, residents, and any person under its custody, control,
direction, or supervision as specified in §
63.2-1706 of the Code of
Virginia.
C. Upon
initial application for an assisted living facility license, any person
applying to operate such a facility who has not previously owned or managed or
does not currently own or manage a licensed assisted living facility shall be
required to undergo training by the commissioner. Training for such owners and
currently employed administrators shall be required at the time of initial
application for licensure. In all cases, such training shall be completed prior
to the granting of any initial license.
1. The
commissioner may also approve training programs provided by other entities and
allow owners or administrators to attend such approved training programs in
lieu of training by the commissioner.
2. The commissioner may, at the
commissioner's discretion, also approve for licensure applicants who meet
requisite experience criteria as established by the board.
3. The training programs shall focus on the
health and safety regulations and resident rights as they pertain to assisted
living facilities and shall be completed by the owner or administrator prior to
the granting of an initial license.
4. The commissioner may, at the
commissioner's discretion, issue a license conditioned upon the completion by
the owner or administrator of the required training.
D. The licensee shall notify in writing the
regional licensing office of intent to sell or voluntarily close the facility.
The following shall apply:
1. No less than 60
days prior to the planned sale date or closure, the licensee shall notify the
regional licensing office, residents, and as relevant, legal representatives,
case managers, assessors, eligibility workers, and designated contact persons
of the intended sale or closure of the facility and the date for such.
Exception: If plans are made at such time that 60-day
notice is not possible, the licensee shall notify the regional licensing
office, the residents, legal representatives, case managers, assessors,
eligibility workers, and designated contact persons as soon as the intent to
sell or close the facility is known.
2. If the facility is to be sold, at the time
of notification specified in subdivision 1 of this subsection, the licensee
shall explain to each resident, the resident's legal representative, case
manager, assessor, and at least one designated contact person that the resident
can choose whether to stay or relocate, unless the new licensee specifies
relocation. If a resident chooses to stay, there must be a new resident
agreement between the resident and the new licensee that meets the
specifications of
22VAC40-73-390.
3. The licensee shall provide updates
regarding the closure or sale of the facility to the regional licensing office,
as requested.
Statutory Authority: §§
63.2-217 and 63.2-1733 of the Code of
Virginia.
