Current through Register Vol. 41, No. 3, September 23, 2024
A. Each facility shall have an administrator
of record.
B. If an administrator
dies, resigns, is discharged, or becomes unable to perform his duties, the
facility shall immediately employ a new administrator or appoint a qualified
acting administrator so that no lapse in administrator coverage occurs.
1. The facility shall notify the department's
regional licensing office in writing within 14 days of a change in a facility's
administrator, including the resignation of an administrator, appointment of an
acting administrator, and appointment of a new administrator, except that the
time period for notification may differ as specified in subdivision 2 of this
subsection.
2. For a facility
licensed for both residential and assisted living care, the facility shall
immediately notify the Virginia Board of Long-Term Care Administrators and the
department's regional licensing office that a new licensed administrator has
been employed or that the facility is operating without an administrator
licensed by the Virginia Board of Long-Term Administrators, whichever is the
case, and provide the last date of employment of the previous licensed
administrator.
3. For a facility
licensed for both residential and assisted living care, when an acting
administrator is named, he shall notify the department's regional licensing
office of his employment, and if he is intending to assume the position
permanently, submit a completed application for an approved
administrator-in-training program to the Virginia Board of Long-Term Care
Administrators within 10 days of employment.
4. For a facility licensed for both
residential and assisted living care, the acting administrator shall be
qualified by education for an approved administrator-in-training program and
have a minimum of one year of administrative or supervisory experience in a
health care or long-term care facility or have completed such a program and be
awaiting licensure.
5. A facility
licensed only for residential living care may be operated by an acting
administrator for no more than 90 days from the last date of employment of the
administrator.
6. A facility
licensed for both residential and assisted living care may be operated by an
acting administrator for no more than 150 days, or not more than 90 days if the
acting administrator has not applied for licensure, from the last date of
employment of the licensed administrator.
7. An acting administrator may be granted one
extension of up to 30 days in addition to the 150 days, as specified in
subdivision 6 of this subsection, upon written request to the department's
regional licensing office. An extension may only be granted if the acting
administrator (i) has applied for licensure as a long-term care administrator
pursuant to Chapter 31 (§
54.1-3100 et seq.) of
Title 54.1 of the Code of Virginia, (ii) has completed the
administrator-in-training program, and (iii) is awaiting the results of the
national examination. If a 30-day extension is granted, the acting
administrator shall immediately submit written notice of such to the Virginia
Board of Long-Term Care Administrators.
8. A person may not become an acting
administrator at any assisted living facility if the Virginia Board of
Long-Term Care Administrators has refused to issue or renew, suspended, or
revoked his assisted living facility or nursing home administrator license.
9. No assisted living facility
shall operate under the supervision of an acting administrator pursuant to
§§
54.1-3103.1
and
63.2-1803
of the Code of Virginia more than two times during any two-year period unless
authorized to do so by the department.
C. The administrator shall be responsible for
the general administration and management of the facility and shall oversee the
day-to-day operation of the facility. This shall include responsibility for:
1. Ensuring that care is provided to
residents in a manner that protects their health, safety, and
well-being;
2. Maintaining
compliance with applicable laws and regulations;
3. Developing and implementing all policies,
procedures, and services as required by this chapter;
4. Ensuring staff and volunteers comply with
residents' rights;
5. Maintaining
buildings and grounds;
6.
Recruiting, hiring, training, and supervising staff; and
7. Ensuring the development, implementation,
and monitoring of an individualized service plan for each resident, except that
a plan is not required for a resident with independent living
status.
D. The
administrator shall report to the Director of the Department of Health
Professions information required by and in accordance with §
54.1-2400.6
of the Code of Virginia regarding any person (i) licensed, certified, or
registered by a health regulatory board or (ii) holding a multistate licensure
privilege to practice nursing or an applicant for licensure, certification, or
registration. Information required to be reported, under specified
circumstances includes substance abuse and unethical or fraudulent
conduct.
E. For a facility licensed
only for residential living care, either the administrator or a designated
assistant who meets the qualifications of the administrator shall be awake and
on duty on the premises at least 40 hours per week with no fewer than 24 of
those hours being during the day shift on weekdays, unless at least one of the
following applies:
1.
22VAC40-73-170 allows a shared
administrator for smaller facilities.
2. If the administrator is licensed as an
assisted living facility administrator or nursing home administrator by the
Virginia Board of Long-Term Care Administrators, the provisions regarding the
administrator in subsection F of this section apply. When such is the case,
there is no requirement for a designated assistant.
F. For a facility licensed for both
residential and assisted living care, the administrator shall serve on a
full-time basis as the on-site agent of the licensee and shall be responsible
for the day-to-day administration and management of the facility, except as
provided in 22VAC40-73-170.
G. The
administrator, acting administrator, or as allowed in subsection E of this
section, designated assistant administrator, shall not be a resident of the
facility.
Statutory Authority: §§
63.2-217, 63.2-1732, 63.2-1802, 63.2-1805 , and 63.2-1808
of the Code of Virginia.
