Virginia Administrative Code
Title 22 - SOCIAL SERVICES
Agency 40 - DEPARTMENT OF SOCIAL SERVICES
Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES
Part III - Personnel
Section 22VAC40-73-170 - Shared administrator for smaller facilities
Universal Citation: 2 VA Admin Code 40-73-170
Current through Register Vol. 41, No. 3, September 23, 2024
A. An administrator of a facility licensed only for residential living care, who is not licensed as an assisted living facility administrator or nursing home administrator by the Virginia Board of Long-Term Care Administrators, is allowed to be present at a facility for fewer than the required minimum 40 hours per week in order to serve multiple facilities, without a designated assistant, under the following conditions:
1. The administrator shall serve no more than
four facilities.
2. The combined
total licensed capacity of the facilities served by the administrator shall be
40 or fewer residents.
3. The
administrator shall be awake and on duty on the premises of each facility
served for at least 10 hours a week, six of which must be during the day
shift.
4. The administrator shall
serve as a full-time administrator (i.e., shall be awake and on duty on the
premises of all facilities served for a combined total of at least 40 hours a
week).
5. Each of the facilities
served shall be within a 30-minute average one-way travel time of the other
facilities.
6. When not present at
a facility, the administrator shall be on call to that facility during the
hours he is working as an administrator and shall maintain such accessibility
through suitable communication devices.
7. A designated assistant may act in place of
the administrator during the required minimum of 40 hours only if the
administrator is ill or on vacation and for a period of time that shall not
exceed four consecutive weeks. The designated assistant shall meet the
qualifications of the administrator.
8. Each of the facilities served shall have a
manager, designated and supervised by the administrator. The manager shall be
awake and on duty on the premises of the facility for the remaining part of the
40 required hours per week when the administrator or designated assistant is
not present at the facility. The manager shall meet the following
qualifications and requirements:
a. The
manager shall be at least 21 years of age.
b. The manager shall be able to read and
write, and understand this chapter.
c. The manager shall be able to perform the
duties and to carry out the responsibilities of his position.
d. The manager shall:
(1) Be a high school graduate or have a
General Education Development (GED) Certificate;
(2)
(i)
Have successfully completed at least 30 credit hours of postsecondary education
from a college or university accredited by an association recognized by the
U.S. Secretary of Education and at least 15 of the 30 credit hours shall be in
business or human services or a combination thereof;
(ii) have successfully completed a course of
study of 40 or more hours approved by the department that is specific to the
management of an assisted living facility;
(iii) have a bachelor's degree from a college
or university accredited by an association recognized by the U.S. Secretary of
Education; or
(iv) be a licensed
nurse; and
(3) Have at
least one year of administrative or supervisory experience in caring for adults
in a residential group care facility.
e. Subdivision 8 d of this subsection does
not apply to a manager of an assisted living facility employed prior to
February 1, 2018, who met the requirements in effect when employed and who has
been continuously employed as an assisted living facility manager.
f. The manager shall not be a resident of the
facility.
g. The manager shall
complete the training specified in
22VAC40-73-40 C within two months
of employment as manager. The training may be counted toward the annual
training requirement for the first year.
Exception: A manager employed prior to December 28, 2006, who met the requirements in effect when employed and who has been continuously employed as a manager.
h. The
manager shall attend at least 20 hours of training related to management or
operation of a residential facility for adults or relevant to the population in
care within each 12-month period. When adults with mental impairments reside in
the facility, at least six of the required 20 hours of training shall focus on
topics related to residents' mental impairments and at least two of the
required 20 hours on infection control and prevention. Documentation of
attendance shall be retained at the facility and shall include title of course,
name of the entity that provided the training, and date and number of hours of
training.
9. There shall
be a written management plan for each facility that describes how the
administrator will oversee the care and supervision of the residents and the
day-to-day operation of the facility.
10. The minimum of 40 hours per week required
for the administrator or manager to be awake and on duty on the premises of a
facility shall include at least 24 hours during the day shift on
weekdays.
B. An administrator, who is licensed as an assisted living facility administrator or nursing home administrator by the Virginia Board of Long-Term Care Administrators, may be responsible for the day-to-day administration and management of multiple facilities under the following conditions:
1. The administrator shall serve no more than
four facilities.
2. The combined
total licensed capacity of the facilities served by the administrator shall be
40 or fewer residents.
3. The
administrator shall serve on a full-time basis as the on-site agent of the
licensee or licensees, proportioning his time among all the facilities served
in order to ensure that he provides sufficient administrative and management
functions to each facility.
4. Each
of the facilities served shall be within a 30-minute average one-way travel
time of the other facilities.
5.
When not present at a facility, the administrator shall be on call to that
facility during the hours he is working as an administrator and shall maintain
such accessibility through suitable communication devices.
6. Each of the facilities served shall have a
manager, designated and supervised by the administrator, to assist the
administrator in overseeing the care and supervision of the residents and the
day-to-day operation of the facility. The majority of the time, the
administrator and the manager shall be present at a facility at different times
to ensure appropriate oversight of the facility. The manager shall meet the
qualifications and requirements specified in subdivision A 8 of this section.
Exception: In regard to subdivision A 8 of this section, the reference to 40 hours is not relevant to a facility to which this subsection applies (i.e., a facility with a licensed administrator).
7. There shall be a written
management plan for each facility that includes written policies and procedures
that describe how the administrator shall oversee the care and supervision of
the residents and the day-to-day operation of the facility.
C. This section shall not apply to an administrator who serves both an assisted living facility and a nursing home as provided for in 22VAC40-73-180.
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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