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.