CODE OF VIRGINIA

ESTABLISHMENT OF TOLL-FREE TELEPHONE LINE FOR COMPLAINTS; INVESTIGATION ON
RECEIPT OF COMPLAINTS (§ 63.2-1728)

With such funds as are appropriated for this purpose, the Commissioner shall
establish a toll-free telephone line to respond to complaints regarding
operations of assisted living facilities, adult day care centers and child
welfare agencies. Upon receipt of a complaint concerning the operation of an
assisted living facility, adult day care center or child welfare agency,
regardless of whether the program is subject to licensure, the Commissioner
shall, for good cause shown, cause an investigation to be made, including
on-site visits as he deems necessary, of the activities, services, records and
facilities. The assisted living facility, adult day care center or child welfare
agency shall afford the Commissioner reasonable opportunity to inspect all of
the operator’s activities, services, records and facilities and to
interview its agents and employees and any child or other person within its
custody or control. Whenever an assisted living facility, adult day care center
or child welfare agency subject to inspection under this section is determined
by the Commissioner to be in noncompliance with the provisions of this subtitle
or with regulations adopted pursuant to this subtitle, the Commissioner shall
give reasonable notice to the assisted living facility, adult day care center or
child welfare agency of the nature of its noncompliance and may thereafter take
appropriate action as provided by law, including a suit to enjoin the operation
of the assisted living facility, adult day care center or child welfare
agency.An incident report filed by an assisted living facility, pursuant to
regulations adopted by the Board, for any major incident that negatively affects
or threatens the life, health, safety, or welfare of any resident of the
facility shall not be considered a complaint for purposes of this section and
shall not be posted by the Department on a website maintained by the Department.
However, upon receipt of an incident report for any major incident that
negatively affects or threatens the life, health, safety, or welfare of any
resident of an assisted living facility, the Commissioner may initiate an
investigation including an on-site visit to the facility if the Commissioner
finds, for good cause shown based upon the seriousness of the incident and the
nature of any response to the incident, including any implementation of a plan
of correction to address the situation giving rise to the incident, that an
investigation is required to protect the life, health, safety, or welfare of a
resident of the assisted living facility.

HISTORY: 1993, cc. 730, 742, § 63.1-198.03; 2002, c. 747; 2010, c. 603.