Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 80 - GENERAL PROCEDURES AND INFORMATION FOR LICENSURE › Part VIII - Sanctions › Section 22VAC40-80-340 - Administrative sanctions

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner may impose administrative sanctions or
					 initiate court proceedings, severally or jointly, when appropriate in order to
					 ensure prompt correction of violations involving noncompliance with state law
					 or regulation in assisted living facilities, adult day care centers, and child
					 welfare agencies as discovered through any inspection or investigation
					 conducted by the Department of Social Services, the Virginia Department of
					 Health, the Virginia Department of Behavioral Health and Developmental
					 Services, or by state and local building or fire prevention officials. These
					 administrative sanctions include:
1.
				  Petitioning the court to appoint a receiver for any assisted living facility or
				  adult day care center;
2. Revoking
				  or denying renewal of a license for any assisted living facility or adult day
				  care center that fails to comply with the limitations and standards set forth
				  in its license for violation that adversely affects, or is an immediate and
				  substantial threat to, the health, safety, or welfare of residents, or for
				  permitting, aiding, or abetting the commission of any illegal act in an adult
				  care facility;
3. Revoking or
				  denying renewal of a license for any child welfare agency that fails to comply
				  with the limitations and standards set forth in its license;
4. Requiring an assisted living facility to
				  contract with an individual licensed by the Board of Long-Term Care
				  Administrators to administer, manage, or operate the facility on an interim
				  basis if the commissioner receives information from any source indicating
				  immediate and substantial risk of harm to residents. This action shall be an
				  attempt to bring the facility into compliance with all relevant requirements of
				  law, regulation, or any plan of correction approved by the commissioner. The
				  contract shall be negotiated in accordance with the provisions of §
										63.2-1709
				  of the Code of Virginia;
5. Issuing
				  a notice of summary suspension of the license to operate an assisted living
				  facility pursuant to proceedings set forth in §
										63.2-1709C
				  of the Code of Virginia or pursuant to proceedings set forth in §
										63.2-1710.1
				  of the Code of Virginia for assisted living facilities operated by agencies of
				  the Commonwealth in conjunction with any proceedings for revocation, denial, or
				  other action when conditions or practices exist that pose an immediate and
				  substantial threat to the health, safety, and welfare of residents;
6. Issuing a notice of summary suspension of
				  the license to operate a child welfare agency pursuant to proceedings set forth
				  in §
										63.2-1709.1C
				  of the Code of Virginia or pursuant to proceedings set forth in §
										63.2-1710.1
				  for child welfare agencies operated by an agency of the Commonwealth in
				  conjunction with any proceedings for revocation, denial, or other action, when
				  conditions or practices exist in the child welfare agency that pose an
				  immediate and substantial threat to the health, safety, and welfare of children
				  receiving care; and
7. Imposing
				  administrative sanctions through the issuance of a special order as provided in
				  §
										63.2-1709.2
				  of the Code of Virginia. These include:
a.
				  Placing a licensee on probation upon finding that the licensee is substantially
				  out of compliance with the terms of the license and that the health and safety
				  of residents, participants, or children are at risk;
b. Reducing the licensed capacity or
				  prohibiting new admissions when the commissioner has determined that the
				  licensee cannot make necessary corrections to achieve compliance with the
				  regulations except by a temporary restriction of its scope of
				  service;
c. Mandating training for
				  the licensee or licensee's employees, with any costs to be borne by the
				  licensee, when the commissioner has determined that the lack of such training
				  has led directly to violations of regulations;
d. Assessing civil penalties of not more than
				  $500 per inspection upon finding that the licensee of an adult day care center
				  or child welfare agency is substantially out of compliance with the terms of
				  its license and the health and safety of residents, participants, or children
				  are at risk;
e. Assessing a civil
				  penalty for each day an assisted living facility is or was out of compliance
				  with the terms of its license and the health, safety, and welfare of residents
				  are at risk. The aggregate amount of such civil penalties shall not exceed
				  $10,000 in any 12-month period. Criteria for imposition of civil penalties and
				  amounts, expressed in ranges, are developed by the board and are based upon the
				  severity, pervasiveness, duration, and degree of risk to the health, safety, or
				  welfare of residents. Such civil penalties shall be applied by the commissioner
				  in a consistent manner;
f.
				  Requiring licensees to contact parents, guardians, or other responsible persons
				  in writing regarding health and safety violations; and
g. Preventing licensees who are substantially
				  out of compliance with the licensure terms or in violation of the regulations
				  from receiving public funds.