Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part III - Personnel › Section 22VAC40-73-170 - Shared administrator for smaller facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. An administrator of a facility licensed
				  only for residential living care, who is not licensed as an assisted living
				  facility administrator or nursing home administrator by the Virginia Board of
				  Long-Term Care Administrators, is allowed to be present at a facility for fewer
				  than the required minimum 40 hours per week in order to serve multiple
				  facilities, without a designated assistant, under the following conditions:
1. The administrator shall serve no more than
				  four facilities.
2. The combined
				  total licensed capacity of the facilities served by the administrator shall be
				  40 or fewer residents.
3. The
				  administrator shall be awake and on duty on the premises of each facility
				  served for at least 10 hours a week, six of which must be during the day
				  shift.
4. The administrator shall
				  serve as a full-time administrator (i.e., shall be awake and on duty on the
				  premises of all facilities served for a combined total of at least 40 hours a
				  week).
5. Each of the facilities
				  served shall be within a 30-minute average one-way travel time of the other
				  facilities.
6. When not present at
				  a facility, the administrator shall be on call to that facility during the
				  hours he is working as an administrator and shall maintain such accessibility
				  through suitable communication devices.
7. A designated assistant may act in place of
				  the administrator during the required minimum of 40 hours only if the
				  administrator is ill or on vacation and for a period of time that shall not
				  exceed four consecutive weeks. The designated assistant shall meet the
				  qualifications of the administrator.
8. Each of the facilities served shall have a
				  manager, designated and supervised by the administrator. The manager shall be
				  awake and on duty on the premises of the facility for the remaining part of the
				  40 required hours per week when the administrator or designated assistant is
				  not present at the facility. The manager shall meet the following
				  qualifications and requirements:
a. The
				  manager shall be at least 21 years of age.
b. The manager shall be able to read and
				  write, and understand this chapter.
c. The manager shall be able to perform the
				  duties and to carry out the responsibilities of his position.
d. The manager shall:
(1) Be a high school graduate or have a
				  General Education Development (GED) Certificate;
(2)
(i)
				  Have successfully completed at least 30 credit hours of postsecondary education
				  from a college or university accredited by an association recognized by the
				  U.S. Secretary of Education and at least 15 of the 30 credit hours shall be in
				  business or human services or a combination thereof;
(ii) have successfully completed a course of
				  study of 40 or more hours approved by the department that is specific to the
				  management of an assisted living facility;
(iii) have a bachelor's degree from a college
				  or university accredited by an association recognized by the U.S. Secretary of
				  Education; or
(iv) be a licensed
				  nurse; and
(3) Have at
				  least one year of administrative or supervisory experience in caring for adults
				  in a residential group care facility.
e. Subdivision 8 d of this subsection does
				  not apply to a manager of an assisted living facility employed prior to
				  February 1, 2018, who met the requirements in effect when employed and who has
				  been continuously employed as an assisted living facility manager.
f. The manager shall not be a resident of the
				  facility.
g. The manager shall
				  complete the training specified in
				  22VAC40-73-40 C within two months
				  of employment as manager. The training may be counted toward the annual
				  training requirement for the first year.
Exception: A manager employed prior to December 28, 2006,
					 who met the requirements in effect when employed and who has been continuously
					 employed as a manager.
h. The
				  manager shall attend at least 20 hours of training related to management or
				  operation of a residential facility for adults or relevant to the population in
				  care within each 12-month period. When adults with mental impairments reside in
				  the facility, at least six of the required 20 hours of training shall focus on
				  topics related to residents' mental impairments and at least two of the
				  required 20 hours on infection control and prevention. Documentation of
				  attendance shall be retained at the facility and shall include title of course,
				  name of the entity that provided the training, and date and number of hours of
				  training.
9. There shall
				  be a written management plan for each facility that describes how the
				  administrator will oversee the care and supervision of the residents and the
				  day-to-day operation of the facility.
10. The minimum of 40 hours per week required
				  for the administrator or manager to be awake and on duty on the premises of a
				  facility shall include at least 24 hours during the day shift on
				  weekdays.