Title of Regulation: 22VAC40-60. Standards and Regulations for Licensed Adult Day Care Centers (amending 22VAC40-60-90, 22VAC40-60-120; repealing 22VAC40-60-130).

Statutory Authority: §§ 63.2-217 and 63.2-1733 of the Code of Virginia.

Effective Date: July 17, 2013.

Agency Contact: Annette Kelley, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7632, FAX (804) 726-7132, or email annette.kelley@dss.virginia.gov.

Summary:

The regulatory action brings 22VAC40-60, Standards and Regulations for Licensed Adult Day Care Centers, into conformity with changes made to §§ 63.2-1702 and 63.2-1707 of the Code of Virginia by Chapters 182 and 545 of the 2013 Acts of Assembly. Changes include removing requirements that (i) the licensee give evidence of financial responsibility; (ii) the licensee ensure sound financial management of the center; and (iii) the initial applicant provide to the department evidence of financial responsibility, including a projected budget for the first year of operation, complete balance sheet, and documentation of funds or credit available for the first 90 days of operation.

22VAC40-60-90. Requirements for licensee.

A. The licensee shall ensure compliance with all regulations for licensed adult day care centers and terms of the license issued by the department; with other relevant federal, state or local laws and regulations; and with the center's own policies.

B. The licensee shall meet the following requirements:

1. The licensee shall give evidence of financial responsibility.

2. 1. The licensee shall be of good character and reputation.

3. 2. The licensee shall protect the physical and mental well-being of the participants.

4. 3. The licensee shall keep such records and make such reports as required by this chapter for licensed adult day care centers. Such records and reports may be inspected at any reasonable time in order to determine compliance with this chapter.

5. 4. The licensee shall meet the qualifications of the administrator if he assumes those duties.

22VAC40-60-120. Operational responsibilities.

The licensee shall be responsible for the overall planning of the program and services to be provided by the center. The operational responsibilities of the licensee shall include, but not be limited to, the following:

1. To develop a written statement of the purpose and scope of the services to be provided by the center, a description of adults who may be accepted into the program as well as those whom the program cannot serve, and written policies under which the center will operate;

NOTE: This requirement applies only to initial application for licensure unless there is a significant change.

2. To ensure that the center's activities, services, and facilities are maintained in compliance with this chapter, with the terms of the current license issued by the department and with other relevant federal, state, or local laws and regulations;

3. To appoint and identify in writing a director to be responsible for the day-to-day operation and management of the center, except when the sponsor is an individual who serves as the director or a partnership in which a partner serves as the director;

4. To provide for an adequate number of qualified staff capable of carrying out the operation of the program;

5. To develop a written organizational chart indicating lines of authority and a staffing plan which includes a staffing schedule; and

6. To establish sound policies under which the center shall operate; and.

7. To ensure sound financial management of the center.

22VAC40-60-130. Financial responsibilities. (Repealed.)

With an initial application for licensure, the applicant shall provide the department with the following evidence of financial responsibility:

1. A projected budget detailing income and expenses of the proposed center for the first year of operation;

2. A complete balance sheet showing separately the current assets committed to and current liabilities charged against the proposed center; and

3. Documentation of funds or credit available for the first 90 days of operation.

NOTE: Financial records may be requested pursuant to § 63.2-1706 of the Code of Virginia.