reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part IV - Staffing and Supervision › Section 22VAC40-73-280 - Staffing

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  assisted living facility shall have staff adequate in knowledge, skills, and
				  abilities and sufficient in numbers to provide services to attain and maintain
				  the physical, mental, and psychosocial well-being of each resident as
				  determined by resident assessments and individualized service plans, and to
				  ensure compliance with this chapter.
B. The assisted living facility shall
				  maintain a written plan that specifies the number and type of direct care staff
				  required to meet the day-to-day, routine direct care needs and any identified
				  special needs for the residents in care. This plan shall be directly related to
				  actual resident acuity levels and individualized care needs.
C. An adequate number of staff persons shall
				  be on the premises at all times to implement the approved fire and emergency
				  evacuation plan.
D. At least one
				  direct care staff member shall be awake and on duty at all times in each
				  building when at least one resident is present.
Exception: For a facility licensed for residential living
					 care only, in buildings that house 19 or fewer residents, the staff member on
					 duty does not have to be awake during the night if (i) none of the residents
					 have care needs that require a staff member awake at night and (ii) the
					 facility ensures compliance with the requirements of
					 22VAC40-73-930 C.
E. No employee shall be permitted to work in
				  a position that involves direct contact with a resident until a background
				  check has been received as required in the Regulation for Background Checks for
				  Assisted Living Facilities and Adult Day Centers (22VAC40-90), unless such
				  person works under the direct supervision of another employee for whom a
				  background check has been completed in accordance with the requirements of the
				  background check regulation (22VAC40-90).
Statutory Authority: §§
												63.2-217 and
						63.2-1733 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part IV - Staffing and Supervision › Section 22VAC40-73-290 - Work schedule and posting

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The facility shall maintain a written work schedule that includes the names and
				  job classifications of all staff working each shift, with an indication of
				  whomever is in charge at any given time.
1.
				  Any absences, substitutions, or other changes shall be noted on the
				  schedule.
2. The facility shall
				  maintain a copy of the schedule for two years.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part IV - Staffing and Supervision › Section 22VAC40-73-300 - Communication among staff

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Procedures shall be established and reviewed with staff for communication among
				  administrators, designated assistant administrators, managers, and designated
				  staff persons in charge, as applicable to a facility, to ensure stable
				  operations and sound transitions.
B.
				  A method of written communication shall be utilized as a means of keeping
				  direct care staff on all shifts informed of significant happenings or problems
				  experienced by residents, including complaints and incidents or injuries
				  related to physical or mental conditions.
1. A
				  record shall be kept of the written communication for at least the past two
				  years.
2. The information shall be
				  included in the records of the involved
				  residents.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part V - Admission, Retention, and Discharge of Residents › Section 22VAC40-73-310 - Admission and retention of residents

Current through Register Vol. 40, No. 24, July 15, 2024
A. No resident shall be admitted or retained:
1. For whom the facility cannot provide or
				  secure appropriate care;
2. Who
				  requires a level of care or service or type of service for which the facility
				  is not licensed or which the facility does not provide; or
3. If the facility does not have staff
				  appropriate in numbers and with appropriate skill to provide the care and
				  services needed by the resident.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part V - Admission, Retention, and Discharge of Residents › Section 22VAC40-73-320 - Physical examination and report

Current through Register Vol. 40, No. 24, July 15, 2024
A. Within the 30 days preceding admission, a
				  person shall have a physical examination by an independent physician. The
				  report of such examination shall be on file at the assisted living facility and
				  shall contain the following:
1. The person's
				  name, address, and telephone number;
2. The date of the physical
				  examination;
3. Height, weight, and
				  blood pressure;
4. Significant
				  medical history;
5. General physical
				  condition, including a systems review as is medically indicated;
6. Any diagnosis or significant
				  problems;
7. Any known allergies and
				  description of the person's reactions;
8. Any recommendations for care including
				  medication, diet, and therapy;
9.
				  Results of a risk assessment documenting the absence of tuberculosis in a
				  communicable form as evidenced by the completion of the current screening form
				  published by the Virginia Department of Health or a form consistent with
				  it;
10. A statement that the
				  individual does not have any of the conditions or care needs prohibited by
				  22VAC40-73-310 H;
11. A statement that specifies whether the
				  individual is considered to be ambulatory or nonambulatory as defined in this
				  chapter;
12. A statement that
				  specifies whether the individual is or is not capable of self-administering
				  medication; and
13. The signature
				  of the examining physician or his designee.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part V - Admission, Retention, and Discharge of Residents › Section 22VAC40-73-325 - Fall risk rating

Current through Register Vol. 40, No. 24, July 15, 2024
A. For
				  residents who meet the criteria for assisted living care, by the time the
				  comprehensive ISP is completed, a written fall risk rating shall be
				  completed.
B. The fall risk rating
				  shall be reviewed and updated under each of the following circumstances:
1. At least annually;
2. When the condition of the resident
				  changes; and
3. After a
				  fall.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part V - Admission, Retention, and Discharge of Residents › Section 22VAC40-73-330 - Mental health screening

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  mental health screening shall be conducted prior to admission if behaviors or
				  patterns of behavior occurred within the previous six months that were
				  indicative of mental illness, intellectual disability, substance abuse, or
				  behavioral disorders and that caused, or continue to cause, concern for the
				  health, safety, or welfare either of that individual or others who could be
				  placed at risk of harm by that individual.
Exceptions:
1. If
				  it is not possible for the screening to be conducted prior to admission, the
				  individual may be admitted if all other admission requirements are met. The
				  reason for the delay shall be documented and the screening shall be conducted
				  as soon as possible, but no later than 30 days after admission.
2. The screening shall not be required for
				  individuals under the care of a qualified mental health professional
				  immediately prior to admission, as long as there is documentation of the
				  person's psychosocial and behavioral functioning as specified in
				  22VAC40-73-340 A
				  1.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part V - Admission, Retention, and Discharge of Residents › Section 22VAC40-73-340 - Psychosocial and behavioral history

Current through Register Vol. 40, No. 24, July 15, 2024
A. When determining appropriateness of
				  admission for an individual with mental illness, intellectual disability,
				  substance abuse, or behavioral disorders, the following information shall be
				  obtained by the facility:
1. If the
				  prospective resident is referred by a state or private hospital, community
				  services board, behavioral health authority, or long-term care facility,
				  documentation of the individual's psychosocial and behavioral functioning shall
				  be acquired prior to admission.
2.
				  If the prospective resident is coming from a private residence, information
				  about the individual's psychosocial and behavioral functioning shall be
				  gathered from primary sources, such as family members, friends, or physician.
				  Although there is no requirement for written information from primary sources,
				  the facility must document the source and content of the information that was
				  obtained.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part V - Admission, Retention, and Discharge of Residents › Section 22VAC40-73-350 - Sex offender information

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The assisted living facility shall register with the Department of State Police
				  to receive notice of the registration or reregistration of any sex offender
				  within the same or a contiguous zip code area in which the facility is located,
				  pursuant to §
										9.1-914
				  of the Code of Virginia.
B. The
				  assisted living facility shall ascertain, prior to admission, whether a
				  potential resident is a registered sex offender if the facility anticipates the
				  potential resident will have a length of stay greater than three days or in
				  fact stays longer than three days and shall document in the resident's record
				  that this was ascertained and the date the information was obtained.
C. The assisted living facility shall ensure
				  that each resident or his legal representative is fully informed, prior to or
				  at the time of admission and annually, that he should exercise whatever due
				  diligence he deems necessary with respect to information on any sex offenders
				  registered pursuant to Chapter 9 (§
										9.1-900
				  et. seq.) of Title 9.1 of the Code of Virginia, including how to obtain such
				  information. Written acknowledgment of having been so informed shall be
				  provided by the resident or his legal representative and shall be maintained in
				  the resident's record.
D. At the
				  same time that the person is informed as required in subsection C of this
				  section, the assisted living facility shall provide notification that, upon
				  request, the facility shall:
1. Assist the
				  resident, prospective resident, or his legal representative in accessing the
				  information on registered sex offenders; and
2. Provide the resident, prospective
				  resident, or his legal representative with printed copies of the information on
				  registered sex offenders.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part V - Admission, Retention, and Discharge of Residents › Section 22VAC40-73-360 - Emergency placement

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				  emergency placement shall occur only when the emergency is documented and
				  approved by (i) an adult protective services worker for public pay individuals
				  or (ii) an independent physician or an adult protective services worker for
				  private pay individuals.
B. When an
				  emergency placement occurs, the person shall remain in the assisted living
				  facility no longer than seven days unless all the requirements for admission
				  have been met and the person has been admitted.
C. The facility shall obtain sufficient
				  information on the person to protect the health, safety, and welfare of the
				  person while he remains at the facility as allowed by subsection B of this
				  section.
Statutory Authority: §§
												63.2-217,
						63.2-1732,
						63.2-1802,
						63.2-1805,
						and
						63.2-1808
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part V - Admission, Retention, and Discharge of Residents › Section 22VAC40-73-370 - Respite care

Current through Register Vol. 40, No. 24, July 15, 2024
If an assisted living facility provides respite care as
					 defined in
					 22VAC40-73-10, the requirements of
					 this chapter apply to the respite care, except as follows:
1. For individuals in respite care, the ISP
				  shall be completed prior to the person participating in respite care and need
				  not include expected outcome.
2. At
				  the time an individual returns for respite care, the facility shall reevaluate
				  the person's condition and care needs, and as needed, ensure that the uniform
				  assessment instrument, the individualized service plan, and medication orders
				  are updated. The reevaluation shall include observation of the person;
				  interviews with the individual and his legal representative, if any; and
				  consultation with others knowledgeable about the person, as appropriate. The
				  reevaluation shall indicate in writing whether or not the person's condition or
				  care needs have changed and specify any changes. The reevaluation shall be
				  signed and dated by the staff person completing the reevaluation and by the
				  individual in respite care or his legal representative and shall be retained in
				  the individual's record.
3. If the
				  period of time between respite care stays is six months or longer, a new
				  physical examination report shall be required prior to the individual returning
				  for respite care, except that a new tuberculosis screening would only be
				  required one time per year. The examination shall take place within 30 days
				  prior to the person's return for respite care.
4. The record for the individual in respite
				  care shall include the dates of respite care.
5. The medication review required by
				  22VAC40-73-690 does not apply to
				  individuals in respite care.
Statutory Authority: §§
												63.2-217,
						63.2-1732,
						63.2-1802,
						63.2-1805,
						and
						63.2-1808
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part V - Admission, Retention, and Discharge of Residents › Section 22VAC40-73-380 - Resident personal and social information

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to or at the time of admission to an
				  assisted living facility, the following personal and social information on a
				  person shall be obtained:
1. Name;
2. Last home address, and address from which
				  resident was received, if different;
3. Date of admission;
4. Birth date or if unknown, estimated
				  age;
5. Birthplace, if
				  known;
6. Marital status, if
				  known;
7. Name, address, and
				  telephone number of all legal representatives, if any;
8. If there is a legal representative, copies
				  of current legal documents that show proof of each legal representative's
				  authority to act on behalf of the resident and that specify the scope of the
				  representative's authority to make decisions and to perform other
				  functions;
9. Name, address, and
				  telephone number of next of kin, if known (two preferred);
10. Name, address, and telephone number of
				  designated contact person authorized by the resident or legal representative,
				  if appropriate, for notification purposes, including emergency notification and
				  notification of the need for mental health, intellectual disability, substance
				  abuse, or behavioral disorder services - if the resident or legal
				  representative is willing to designate an authorized contact person. There may
				  be more than one designated contact person. The designated contact person may
				  also be listed under another category, such as next of kin or legal
				  representative;
11. Name, address,
				  and telephone number of the responsible individual stipulated in
				  22VAC40-73-550 H, if
				  needed;
12. Name, address, and
				  telephone number of personal physician, if known;
13. Name, address, and telephone number of
				  personal dentist, if known;
14.
				  Name, address, and telephone number of clergyman and place of worship, if
				  applicable;
15. Name, address, and
				  telephone number of local department of social services or any other agency, if
				  applicable, and the name of the assigned case manager or caseworker;
16. Service in the armed forces, if
				  applicable;
17. Lifetime vocation,
				  career, or primary role;
18. Special
				  interests and hobbies;
19. Known
				  allergies, if any;
20. Information
				  concerning advance directives, Do Not Resuscitate (DNR) Orders, or organ
				  donation, if applicable;
21.
				  Previous mental health or intellectual disability services history, if any, and
				  if applicable for care or services;
22. Current behavioral and social functioning
				  including strengths and problems; and
23. Any substance abuse history if applicable
				  for care or services.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part V - Admission, Retention, and Discharge of Residents › Section 22VAC40-73-390 - Resident agreement with facility

Current through Register Vol. 40, No. 24, July 15, 2024
A. At or prior to the time of admission,
				  there shall be a written agreement/acknowledgment of notification dated and
				  signed by the resident or applicant for admission or the appropriate legal
				  representative, and by the licensee or administrator. This document shall
				  include the following:
1. Financial
				  arrangement for accommodations, services, and care that specifies:
a. Listing of specific charges for
				  accommodations, services, and care to be made to the individual resident
				  signing the agreement, the frequency of payment, and any rules relating to
				  nonpayment;
b. Description of all
				  accommodations, services, and care that the facility offers and any related
				  charges;
c. For an auxiliary grant
				  recipient, a list of services included under the auxiliary grant
				  rate;
d. The amount and purpose of
				  an advance payment or deposit payment and the refund policy for such payment,
				  except that recipients of auxiliary grants may not be charged an advance
				  payment or deposit payment;
e. The
				  policy with respect to increases in charges and length of time for advance
				  notice of intent to increase charges;
f. If the ownership of any personal property,
				  real estate, money or financial investments is to be transferred to the
				  facility at the time of admission or at some future date, it shall be
				  stipulated in the agreement; and
g.
				  The refund policy to apply when transfer of ownership, closing of facility, or
				  resident transfer or discharge occurs.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part V - Admission, Retention, and Discharge of Residents › Section 22VAC40-73-400 - Monthly statement of charges and payments

Current through Register Vol. 40, No. 24, July 15, 2024
The facility shall provide to each resident or the
					 resident's legal representative, if one has been appointed, a monthly statement
					 that itemizes any charges made by the facility and any payments received from
					 the resident or on behalf of the resident during the previous calendar month
					 and shall show the balance due or any credits for overpayment. The facility
					 shall also place a copy of the monthly statement in the resident's
					 record.
Statutory Authority: §§
												63.2-217,
						63.2-1732,
						63.2-1802,
						63.2-1805,
						and
						63.2-1808
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part V - Admission, Retention, and Discharge of Residents › Section 22VAC40-73-410 - Orientation and related information for residents

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon admission, the assisted living
				  facility shall provide an orientation for new residents and their legal
				  representatives, including emergency response procedures, mealtimes, and use of
				  the call system. If needed, the orientation shall be modified as appropriate
				  for residents with cognitive impairments. Acknowledgment of having received the
				  orientation shall be signed and dated by the resident and, as appropriate, his
				  legal representative, and such documentation shall be kept in the resident's
				  record.
B. Upon admission and upon
				  request, the assisted living facility shall provide to the resident and, if
				  appropriate, his legal representative, a written description of the types of
				  staff persons working in the facility and the services provided, including the
				  hours such services are available.
Statutory Authority: §§
												63.2-217,
						63.2-1732,
						63.2-1802,
						63.2-1805,
						and
						63.2-1808
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part V - Admission, Retention, and Discharge of Residents › Section 22VAC40-73-420 - Acceptance back in facility

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				  assisted living facility shall establish procedures to ensure that any resident
				  detained by a temporary detention order pursuant to §§
										37.2-809
				  through
				  37.2-813
				  of the Code of Virginia is accepted back in the assisted living facility if the
				  resident is not involuntarily committed pursuant to §§
										37.2-814
				  through
				  37.2-819
				  of the Code of Virginia. The procedures shall include:
1. Obtaining written recommendations from a
				  qualified mental health professional regarding supportive services necessary to
				  address the mental health needs of the resident returning to the
				  facility;
2. Documenting whether
				  the recommendations specified in subdivision 1 of this subsection can be
				  implemented based on facility or community resources and whether the resident
				  can be retained at the facility or would need to be discharged;
3. Updating the resident's individualized
				  service plan, as needed; and
4.
				  Ensuring that direct care staff involved in the care and supervision of the
				  resident receive clear and timely communication regarding their
				  responsibilities in respect to the mental health needs of the resident and
				  behavioral or emotional indicators of possible crisis
				  situations.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part V - Admission, Retention, and Discharge of Residents › Section 22VAC40-73-430 - Discharge of residents

Current through Register Vol. 40, No. 24, July 15, 2024
A. The facility
				  shall adopt and conform to a written policy regarding the number of days'
				  notice that is required when a resident wishes to move from the facility. The
				  policy shall not require more than 30 days' notice for a resident-initiated
				  discharge.
B. When actions,
				  circumstances, conditions, care needs, or resident's preferences occur that
				  will result in the discharge of a resident, discharge planning shall begin
				  immediately. The date that discharge planning began shall be documented.
1. The facility shall assist the resident and
				  resident's legal representative, if any, in the discharge or transfer process.
				  The facility shall help the resident prepare for relocation, including
				  discussing the resident's destination.
2. The facility shall notify the resident,
				  the resident's legal representative, and designated contact person, if any, of
				  the reason of the discharge and the plan for the discharge to take
				  place.
3. The facility shall
				  provide written discharge notice to the resident, the resident's legal
				  representative, and contact person, if any, at least 30 days preceding the
				  actual discharge date.
4. The
				  discharge notice shall be dated and include the following:
a. Facility's decision to discharge the
				  resident;
b. Reasons for
				  discharge;
c. Date on which the
				  discharge will occur; and
d. Place
				  the resident will be discharged to.
5. If the discharge timeframe is not met,
				  although persistent efforts have been made, the facility shall document the
				  reason.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part V - Admission, Retention, and Discharge of Residents › Section 22VAC40-73-435 - Appeal of an emergency or involuntary discharge

Current through Register Vol. 40, No. 24, July 15, 2024
A. A resident
				  may appeal any involuntary or emergency discharge other than discharges
				  resulting from the assisted living facility closing in accordance with this
				  chapter.
B. The facility shall
				  provide the resident with the department's discharge notice form describing the
				  resident's right to appeal and the appeal process pursuant to § 63.2-1805
				  of the Code of Virginia. The form shall state that the appeal notice shall be
				  sent to the department's Division of Appeals and Fair Hearings.
1. In the event of an emergency discharge,
				  the facility shall provide the department's discharge notice form as soon as
				  possible, but no later than five days after the emergency discharge.
2. In the event of an involuntary discharge,
				  the facility shall provide the department's discharge notice form at least 30
				  days prior to an involuntary discharge.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part VI - Resident Care and Related Services › Section 22VAC40-73-440 - Uniform assessment instrument (UAI)

Current through Register Vol. 40, No. 24, July 15, 2024
A. All residents of and applicants to
				  assisted living facilities shall be assessed face to face using the uniform
				  assessment instrument in accordance with Assessment in Assisted Living
				  Facilities (22VAC30-110). The UAI shall be completed prior to admission, at
				  least annually, and whenever there is a significant change in the resident's
				  condition.
B. For private pay
				  individuals, the UAI shall be completed by one of the following qualified
				  assessors:
1. An assisted living facility
				  staff person who has successfully completed state-approved training on the
				  uniform assessment instrument and level of care criteria for either public or
				  private pay assessments, provided the administrator or the administrator's
				  designated representative has successfully completed such training and approves
				  and then signs the completed UAI, and the facility maintains documentation of
				  completed training;
2. An
				  independent physician; or
3. A
				  qualified public human services agency assessor.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part VI - Resident Care and Related Services › Section 22VAC40-73-450 - Individualized service plans

Current through Register Vol. 40, No. 24, July 15, 2024
A. On
				  or within seven days prior to the day of admission, a preliminary plan of care
				  shall be developed to address the basic needs of the resident that adequately
				  protects his health, safety, and welfare. The preliminary plan shall be
				  developed by a staff person with the qualifications specified in subsection B
				  of this section and in conjunction with the resident, and, as appropriate,
				  other individuals noted in subdivision B 1 of this section. The preliminary
				  plan shall be identified as such and be signed and dated by the licensee,
				  administrator, or his designee (i.e., the person who has developed the plan),
				  and by the resident or his legal representative.
Exception: A preliminary plan of care is not necessary if a
					 comprehensive individualized service plan is developed, in conformance with
					 this section, on the day of admission.
B. The licensee, administrator, or his
				  designee who has successfully completed the department-approved individualized
				  service plan (ISP) training, provided by a licensed health care professional
				  practicing within the scope of his profession, shall develop a comprehensive
				  ISP to meet the resident's service needs. State approved private pay UAI
				  training must be completed as a prerequisite to ISP training. An individualized
				  service plan is not required for those residents who are assessed as capable of
				  maintaining themselves in an independent living status.
1. The licensee, administrator, or designee
				  shall develop the ISP in conjunction with the resident and, as appropriate,
				  with the resident's family, legal representative, direct care staff members,
				  case manager, health care providers, qualified mental health professionals, or
				  other persons.
2. The plan shall
				  support the principles of individuality, personal dignity, freedom of choice,
				  and home-like environment and shall include other formal and informal supports
				  in addition to those included in subdivision C 2 of this section that may
				  participate in the delivery of services. Whenever possible, residents shall be
				  given a choice of options regarding the type and delivery of
				  services.
3. The plan shall be
				  designed to maximize the resident's level of functional ability.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part VI - Resident Care and Related Services › Section 22VAC40-73-460 - Personal care services and general supervision and care

Current through Register Vol. 40, No. 24, July 15, 2024
A. The facility shall assume general
				  responsibility for the health, safety, and well-being of the
				  residents.
B. Care provision and
				  service delivery shall be resident-centered to the maximum extent possible and
				  include:
1. Resident participation in
				  decisions regarding the care and services provided to him;
2. Personalization of care and services
				  tailored to the resident's circumstances and preferences; and
3. Prompt response by staff to resident needs
				  as reasonable to the circumstances.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part VI - Resident Care and Related Services › Section 22VAC40-73-470 - Health care services

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  facility shall ensure, either directly or indirectly, that the health care
				  service needs of residents are met. The ways in which the needs may be met
				  include:
1. Staff of the facility providing
				  health care services;
2. Persons
				  employed by a resident providing health care services; or
3. The facility assisting residents in making
				  appropriate arrangements for health care services.
a. When a resident is unable to participate
				  in making appropriate arrangements, the resident's family, legal
				  representative, designated contact person, cooperating social agency, or
				  personal physician shall be notified of the need.
b. When mental health care is needed or
				  desired by a resident, this assistance shall include securing the services of
				  the local community services board, behavioral health authority, state or
				  federal mental health clinic, or similar facility or agent in the private
				  sector.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part VI - Resident Care and Related Services › Section 22VAC40-73-480 - Restorative, habilitative, and rehabilitative services

Current through Register Vol. 40, No. 24, July 15, 2024
A. Facilities shall ensure that all
				  restorative care and habilitative service needs of the residents are met.
				  Facilities shall coordinate with appropriate professional service providers and
				  ensure that any facility staff who assist with support for these service needs
				  are trained by and receive direction from qualified professionals. Restorative
				  and habilitative care includes range of motion, assistance with ambulation,
				  positioning, assistance and instruction in the activities of daily living,
				  psychosocial skills training, and reorientation and reality
				  orientation.
B. In the provision of
				  restorative and habilitative care, staff shall emphasize services such as the
				  following:
1. Making every effort to keep
				  residents active, within the limitations set by physicians' or other
				  prescribers' orders;
2. Encouraging
				  residents to achieve independence in the activities of daily living;
3. Assisting residents to adjust to their
				  disabilities, to use their prosthetic devices, and to redirect their interests
				  if they are no longer able to maintain past involvement in particular
				  activities;
4. Assisting residents
				  to carry out prescribed physical therapy exercises between appointments with
				  the physical therapist; and
5.
				  Maintaining a bowel and bladder training program.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part VI - Resident Care and Related Services › Section 22VAC40-73-490 - Health care oversight

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each assisted living facility shall retain
				  a licensed health care professional who has at least two years of experience as
				  a health care professional in an adult residential facility, adult day care
				  center, acute care facility, nursing home, or licensed home care or hospice
				  organization, either by direct employment or on a contractual basis, to provide
				  on-site health care oversight.
1. For
				  residents who meet the criteria for residential living care:
a. The licensed health care professional,
				  practicing within the scope of his profession, shall provide health care
				  oversight at least every six months, or more often if indicated, based on his
				  professional judgment of the seriousness of a resident's needs or the stability
				  of a resident's condition; or
b. If
				  the facility employs a licensed health care professional who is on site on a
				  full-time basis, a licensed health care professional, practicing within the
				  scope of his profession, shall provide health care oversight at least annually,
				  or more often if indicated, based on his professional judgment of the
				  seriousness of a resident's needs or stability of a resident's
				  condition.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part VI - Resident Care and Related Services › Section 22VAC40-73-490 - Health care oversight

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Each assisted living facility shall retain a licensed health care professional
				  who has at least two years of experience as a health care professional in an
				  adult residential facility, adult day center, acute care facility, nursing
				  home, or licensed home care or hospice organization, either by direct
				  employment or on a contractual basis, to provide on-site health care oversight.
1. For residents who meet the criteria for
				  residential living care:
a. The licensed
				  health care professional, practicing within the scope of the health care
				  professional's profession, shall provide health care oversight at least every
				  six months, or more often if indicated, based on the health care professional's
				  professional judgment of the seriousness of a resident's needs or the stability
				  of a resident's condition; or
b. If
				  the facility employs a licensed health care professional who is on site on a
				  full-time basis, a licensed health care professional, practicing within the
				  scope of the health care professional's profession, shall provide health care
				  oversight at least annually, or more often if indicated, based on the health
				  care professional's professional judgment of the seriousness of a resident's
				  needs or stability of a resident's condition.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part VI - Resident Care and Related Services › Section 22VAC40-73-500 - Access by community services boards, certain local government departments, and behavioral health authorities

Current through Register Vol. 40, No. 24, July 15, 2024
All assisted living facilities shall provide reasonable
					 access to staff or contractual agents of community services boards, local
					 government departments with policy-advisory community services boards, or
					 behavioral health authorities as defined in §
										37.2-100 of the Code
					 of Virginia for the purposes of:
1.
				  Assessing or evaluating clients residing in the facility;
2. Providing case management or other
				  services or assistance to clients residing in the facility; or
3. Monitoring the care of clients residing in
				  the facility.
Such staff or contractual agents also shall be given
					 reasonable access to other facility residents who have previously requested
					 their services.
Statutory Authority: §§
												63.2-217,
						63.2-1732,
						63.2-1802,
						63.2-1805,
						and
						63.2-1808
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part VI - Resident Care and Related Services › Section 22VAC40-73-510 - Mental health services coordination and support

Current through Register Vol. 40, No. 24, July 15, 2024
A. For each resident requiring mental health
				  services, the services of the local community services board, behavioral health
				  authority, or a public or private mental health clinic, rehabilitative services
				  agency, treatment facility or agent, or qualified health care professional
				  shall be secured as appropriate based on the resident's current evaluation and
				  to the extent possible, the resident's preference for service provider. The
				  assisted living facility shall assist the resident in obtaining the services.
				  If the services are not able to be secured, the facility shall document the
				  reason for such and the efforts made to obtain the services. If the resident
				  has a legal representative, the representative shall be notified of failure to
				  obtain services and the notification shall be documented.
B. Written procedures to ensure communication
				  and coordination between the assisted living facility and the mental health
				  service provider shall be established to ensure that the mental health needs of
				  the resident are addressed.
C.
				  Efforts, which must be documented, shall be made by the assisted living
				  facility to assist in ensuring that prescribed interventions are implemented,
				  monitored, and evaluated for their effectiveness in addressing the resident's
				  mental health needs.
D. If efforts
				  to obtain the recommended services are unsuccessful, the facility must
				  document:
1. Whether it can continue to meet
				  all other needs of the resident.
2.
				  How it plans to ensure that the failure to obtain the recommended services will
				  not compromise the health, safety, or rights of the resident and others who
				  come in contact with the resident.
3. Details of additional steps the facility
				  will take to find alternative providers to meet the resident's
				  needs.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part VI - Resident Care and Related Services › Section 22VAC40-73-520 - Activity and recreational requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Activities for residents shall:
1. Support the skills and abilities of
				  residents in order to promote or maintain their highest level of independence
				  or functioning;
2. Accommodate
				  individual differences by providing a variety of types of activities and levels
				  of involvement; and
3. Offer
				  residents a varied mix of weekly activities including those that are physical;
				  social; cognitive, intellectual, or creative; productive; sensory; reflective
				  or contemplative; involve nature or the natural world; and weather permitting,
				  outdoor activity. Any given activity may involve more than one of these.
				  Community resources as well as facility resources may be used to provide
				  activities.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part VI - Resident Care and Related Services › Section 22VAC40-73-530 - Freedom of movement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				  resident who does not have a serious cognitive impairment shall be allowed to
				  freely leave the facility. A resident who has a serious cognitive impairment
				  shall be subject to the provisions set forth in
				  22VAC40-73-1040 A or
				  22VAC40-73-1150 A.
B. Doors leading to the outside shall not be
				  locked from the inside or secured from the inside in any manner that amounts to
				  a lock, except that doors may be locked or secured in a manner that amounts to
				  a lock in special care units as provided in
				  22VAC40-73-1150 A. Any devices
				  used to lock or secure doors in any manner must be in accordance with
				  applicable building and fire codes.
C. The facility shall provide freedom of
				  movement for the residents to common areas and to their personal spaces. The
				  facility shall not lock residents out of or inside their
				  rooms.
Statutory Authority: §§
												63.2-217,
						63.2-1732,
						63.2-1802,
						63.2-1805,
						and
						63.2-1808
						of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part VI - Resident Care and Related Services › Section 22VAC40-73-540 - Visiting in the facility

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Daily visits to residents in the facility shall be permitted.
B. Visiting hours shall not be restricted,
				  except by a resident when it is the resident's choice.
C. The facility may establish a policy or
				  guidelines so that visiting is not disruptive to other residents and facility
				  security is not compromised. However, daily visits and visiting hours shall not
				  be restricted as provided in subsections A and B of this section.
D. The facility shall encourage regular
				  family involvement with the resident and shall provide ample opportunities for
				  family participation in activities at the facility.
E. During a declared public health emergency
				  related to a communicable disease of public health threat, each assisted living
				  facility shall establish a protocol to allow residents to receive visits from a
				  rabbi, priest, minister, or clergy of any religious denomination or sect
				  consistent with guidance from the Centers for Disease Control and Prevention,
				  the Centers for Medicare and Medicaid Services, and subject to compliance with
				  any executive order, order of public health, department guidance, or any other
				  applicable federal or state guidance having the effect of limiting visitation.
				  The protocol may restrict the frequency and duration of visits, may require
				  visits to be conducted virtually using interactive audio or video technology,
				  and any such protocol may require the person visiting a resident to comply with
				  all reasonable requirements of the assisted living facility adopted to protect
				  the health and safety of the person, residents, and staff of the assisted
				  living facility.
Statutory Authority: §§
												63.2-217,
						63.2-1732,
						63.2-1802,
						63.2-1805,
						and
						63.2-1808
						of the Code of Virginia.