Virginia Administrative Code
Title 22 - SOCIAL SERVICES
Agency 40 - DEPARTMENT OF SOCIAL SERVICES
Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES
Part II - Administration and Administrative Services
Section 22VAC40-73-50 - Disclosure
Universal Citation: 2 VA Admin Code 40-73-50
Current through Register Vol. 41, No. 3, September 23, 2024
A. The assisted living facility shall prepare and provide a statement to the prospective resident and his legal representative, if any, that discloses information about the facility. The statement shall be on a form developed by the department and shall:
1. Disclose
information fully and accurately in plain language;
2. Be provided in advance of admission and
prior to signing an admission agreement or contract;
3. Be provided upon request; and
4. Disclose the following information, which
shall be kept current:
a. Name of the
facility;
b. Name of the
licensee;
c. Ownership structure of
the facility (e.g., individual, partnership, corporation, limited liability
company, unincorporated association, or public agency);
d. Description of all accommodations,
services, and care that the facility offers;
e. Fees charged for accommodations, services,
and care, including clear information about what is included in the base fee
and all fees for additional accommodations, services, and care;
f. Criteria for admission to the facility and
restrictions on admission;
g.
Criteria for transfer to a different living area within the same facility,
including transfer to another level or type of care within the same facility or
complex;
h. Criteria for
discharge;
i. Categories,
frequency, and number of activities provided for residents;
j. General number, position types, and
qualifications of staff on each shift;
k. Whether or not the facility maintains
liability insurance that provides at least the minimum amount of coverage
established by the board for disclosure purposes set forth in 22VAC40-73-45 to
compensate residents or other individuals for injuries and losses from
negligent acts of the facility. The facility shall state in the disclosure
statement the minimum amount of coverage established by the board in
22VAC40-73-45;
l. Whether or not the
facility has an onsite emergency electrical power source for the provision of
electricity during an interruption of the normal electric power supply. If the
facility does have an onsite emergency electrical power source, the statement
must include (i) the items for which the source will supply power and (ii)
whether or not staff of the facility have been trained to maintain and operate
the power source. For the purposes of this subdivision, an onsite emergency
electrical power supply shall include both permanent emergency electrical power
sources and portable emergency electrical power sources, provided that such
temporary electrical power supply source remains on the premises of the
facility at all times. Written acknowledgment of the disclosure shall be
evidenced by the signature or initials of the resident or his legal
representative immediately following the onsite emergency electrical power
source disclosure statement;
m.
Notation that additional information about the facility that is included in the
resident agreement is available upon request; and
n. The department's website address, with a
note that additional information about the facility may be obtained from the
website.
B. Written acknowledgment of the receipt of the disclosure by the resident or his legal representative shall be retained in the resident's record.
C. The disclosure statement shall also be available to the general public, upon request.
Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805 , and 63.2-1808 of the Code of Virginia.
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