78561763.2-1805Virginia Decodedhttps://vacode.org2016Welfare (social Services)LicensureFacilities And ProgramsAssisted Living FacilitiesAdmissions and discharge; mandatory minimum liability insurance1993, cc. 957, 993, § 63.1-174.001; 1995, cc. 649, 844; 2000, c. 176; 2002, c. 747; 2004, c. 49; 2005, cc. 610, 716, 724, 924; 2007, c. 539; 2009, cc. 813, 840; 2012, cc. 476, 507; 2013, c. 320.http://law.lis.virginia.gov/vacode/63.2-1805/63.2-1804Uniform assessment instrument/63.2-1804//63.2-1805/63.2/IV/18/1/63.2-180537.2-421.163.2-180663.2-1808.1The Board shall adopt regulations:sectionAA1 Governing admissions to assisted living facilities;sectionA1A12 Requiring that each assisted living facility prepare and provide a statement, in a format prescribed by the Department, to any prospective resident and his legal representative, if any, prior to admission and upon request, that discloses information, fully and accurately in plain language, about the (i) services; (ii) fees, including clear information about what services are included in the base fee and any fees for additional services; (iii) admission, transfer, and discharge criteria, including criteria for transfer to another level of care within the same facility or complex; (iv) general number and qualifications of staff on each shift; (v) range, frequency, and number of activities provided for residents; and (vi) ownership structure of the facility;sectionA2A22 Governing appropriate discharge planning for residents whose care needs can no longer be met by the facility;sectionA4A42 Addressing the involuntary discharge of residents;sectionA5A52 Requiring that residents are informed of their rights pursuant to § 63.2-1808 at the time of admission;sectionA6A62 Establishing a process to ensure that any resident temporarily detained in a facility pursuant to §§ 37.2-809 through 37.2-813 is accepted back in the assisted living facility if the resident is not involuntarily admitted pursuant to §§ 37.2-814 through 37.2-819;sectionA7A72 Requiring that each assisted living facility train all employees who are mandated to report adult abuse, neglect, or exploitation pursuant to § 63.2-1606 on such reporting procedures and the consequences for failing to make a required report;sectionA8A82 Requiring that each assisted living facility prepare and provide a statement, in a format prescribed by the Board, to any resident or prospective resident and his legal representative, if any, and upon request, that discloses whether the assisted living facility maintains liability insurance in force to compensate residents or other individuals for injuries and losses from the negligent acts of the facility, provided that no facility shall state that liability insurance is in place unless such insurance provides a minimum amount of coverage as established by the Board; andsectionA9A92 Establishing the minimum amount of liability insurance coverage to be maintained by an assisted living facility for purposes of disclosure in accordance with subdivision 9.sectionA10A102Notwithstanding the provisions of subsection C, assisted living facilities shall not admit or retain an individual with any of the following conditions or care needs:sectionDD1 Ventilator dependency.sectionD1D12 Dermal ulcers III and IV, except those stage III ulcers that are determined by an independent physician to be healing.sectionD2D22 Intravenous therapy or injections directly into the vein except for intermittent intravenous therapy managed by a health care professional licensed in Virginia or as permitted in subsection E.sectionD3D32 Airborne infectious disease in a communicable state that requires isolation of the individual or requires special precautions by the caretaker to prevent transmission of the disease, including diseases such as tuberculosis and excluding infections such as the common cold.sectionD4D42 Psychotropic medications without appropriate diagnosis and treatment plans.sectionD5D52 Nasogastric tubes.sectionD6D62 Gastric tubes except when the individual is capable of independently feeding himself and caring for the tube or as permitted in subsection E.sectionD7D72 An imminent physical threat or danger to self or others is presented by the individual.sectionD8D82 Continuous licensed nursing care (seven-days-a-week, 24-hours-a-day) is required by the individual.sectionD9D92 Other medical and functional care needs that the Board determines cannot be met properly in an assisted living facility.sectionD13D132In adopting regulations pursuant to subsections A, B, C, D, and E the Board shall consult with the Departments of Health and Behavioral Health and Developmental Services.sectionFF1