TITLE 22. SOCIAL SERVICES
        
 
 
 
 REGISTRAR'S NOTICE: The
 State Board of Social Services is claiming an exemption from Article 2 of the
 Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code
 of Virginia, which excludes regulations that are necessary to conform to
 changes in Virginia statutory law or the appropriation act where no agency discretion
 is involved. The State Board of Social Services will receive, consider, and
 respond to petitions by any interested person at any time with respect to
 reconsideration or revision.
 
  
 
 Title of Regulation: 22VAC40-73. Standards for
 Licensed Assisted Living Facilities (amending 22VAC40-73-1020, 22VAC40-73-1130). 
 
 Statutory Authority: §§ 63.2-217, 63.2-1732,
 63.2-1802, 63.2-1805, and 63.2-1808 of the Code of Virginia.
 
 Effective Date: August 23, 2018. 
 
 Agency Contact: Judith McGreal, Program Consultant,
 Department of Social Services, 801 East Main Street, Richmond, VA 23219,
 telephone (804) 663-5535, FAX (804) 819-7093, or email
 judith.mcgreal@dss.virginia.gov.
 
 Summary: 
 
 Pursuant to Chapters 248 and 686 of the 2018 Acts of
 Assembly, the amendment adds an exception to a staffing requirement for
 assisted living facilities that are licensed for 10 or fewer residents if no
 more than three of the residents have serious cognitive impairments. 
 
 22VAC40-73-1020. Staffing.
 
 A. When residents are present, there shall be at least two
 direct care staff members awake and on duty at all times in each building who
 shall be responsible for the care and supervision of the residents.
 
 B. The requirements of subsection A of this section do not
 apply to assisted living facilities that are licensed for 10 or fewer residents
 if not more than three of the residents have serious cognitive impairments. The
 staffing provisions of 22VAC40-73-280 D apply.
 
 C. During trips away from the facility, there shall be
 sufficient direct care staff to provide sight and sound supervision to all
 residents who cannot recognize danger or protect their own safety and welfare.
 
 22VAC40-73-1130. Staffing.
 
 A. When 20 or fewer residents are present, at least two
 direct care staff members shall be awake and on duty at all times in each
 special care unit who shall be responsible for the care and supervision of the
 residents, except as noted in subsection B of this section. For every
 additional 10 residents, or portion thereof, at least one more direct care
 staff member shall be awake and on duty in the unit. 
 
 B. Only one direct care staff member has to be awake and on
 duty in the unit if sufficient to meet the needs of the residents, if (i) there
 are no more than five residents present in the unit and (ii) there are at least
 two other direct care staff members in the building, one of whom is readily
 available to assist with emergencies in the special care unit, provided that supervision
 necessary to ensure the health, safety, and welfare of residents throughout the
 building is not compromised.
 
 The requirements in subsections A and B of this section are
 independent of 22VAC40-73-280 D and 22VAC40-73-1020 A and B. 
 
 C. During trips away from the facility, there shall be
 sufficient direct care staff to provide sight and sound supervision to
 residents.
 
 
        VA.R. Doc. No. R18-5536; Filed June 21, 2018, 9:32 a.m.