Vol. 34 Iss. 7 - November 27, 2017

Chapter 110
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department for Aging and Rehabilitative Services intends to consider amending 22VAC30-110, Assessment in Assisted Living Facilities. The purpose of the proposed action is to review the regulation, which establishes standards regarding initial assessments, annual reassessments, post-assessment actions, and relocation procedures. The department will evaluate all current regulation content and clarify content that may be unclear or inconsistent with a goal of streamlining the public pay assessment process as much as possible while still ensuring that individuals undergo an appropriate review of their level of care. The department intends to include language permitting the use of video conferencing for assessments in specific circumstances, clarify language that addresses the portions of the uniform assessment instrument that are completed for public pay individuals, and add content regarding the timing of annual reassessments. Other revisions to the regulation content may also be proposed based on public comment or during the workgroup that will meet to discuss proposed changes.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 51.5-131 of the Code of Virginia.

Public Comment Deadline: December 27, 2017.

Announcement of Periodic Review and Small Business Impact Review: This regulation will undergo a periodic review pursuant to Executive Order 17 (2014) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

Agency Contact: Paige McCleary, Adult Services Program Consultant, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7605, or email

VA.R. Doc. No. R18-5335; Filed October 27, 2017, 3:45 p.m.