Virginia Administrative Code
Title 22 - SOCIAL SERVICES
Agency 40 - DEPARTMENT OF SOCIAL SERVICES
Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES
Part V - Admission, Retention, and Discharge of Residents
Section 22VAC40-73-435 - Appeal of an emergency or involuntary discharge
Current through Register Vol. 41, No. 3, September 23, 2024
A. A resident may appeal any involuntary or emergency discharge other than discharges resulting from the assisted living facility closing in accordance with this chapter.
B. The facility shall provide the resident with the department's discharge notice form describing the resident's right to appeal and the appeal process pursuant to § 63.2-1805 of the Code of Virginia. The form shall state that the appeal notice shall be sent to the department's Division of Appeals and Fair Hearings.
C. The facility shall assist the resident and resident's legal representative, if any, when the resident is filing an appeal.
D. The facility shall provide a postage prepaid envelope addressed to the department to use if the appeal is mailed, if requested by the resident.
E. The facility shall inform the resident of the resident's rights to continue to reside in the facility, free from retaliation, until the appeal has a final department case decision unless the discharge is an emergency discharge or the resident has developed a condition or care need that is prohibited by 22VAC40-73-310 H in accordance with § 63.2-1805 D of the Code of Virginia.
F. Any appeal of an involuntary discharge must be filed within the 30-day discharge notice period.
G. A resident removed under an emergency discharge and who no longer resides in the facility retains the right to file an appeal pursuant to § 63.2-1805 of the Code of Virginia and 22VAC40-73-430 D.
H. An appeal is considered filed upon receipt by the department's Division of Appeals and Fair Hearings.
Statutory Authority: §§ 63.2-217, 63.2-1732, 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
