What’s happening: DSS has issued the proposed changes to the Standards for Licensed Assisted Living Facilities addressing involuntary discharge of ALF residents.

• The changes have been announced as a fast-track regulation as it is expected to be noncontroversial. However, DSS will accept comments through September 27, 2023.
• The changes become effective November 27, 2023, unless certain objections to the fast-track process are raised.

The details: These changes provide ALFs and residents with the requirements for involuntary discharge situations and create a discharge appeal should one be needed.

• This action is intended to expand protections and offer clarification for facilities and residents.
• The changes would add a definition of involuntary discharge, terms and conditions for an involuntary discharge, and an appeal process for ALF residents to appeal certain discharge decisions should they choose to do so, which is a remedy that did not previously exist.

For context:

• VHCA-VCAL worked with the bill patron on amendments to the bill and has been awaiting the publication of the regulatory text.
• VHCA-VCAL is conducting thorough review of the changes to compare the language with comments the association provided to DSS on a draft of the changes.

Action for facilities: VHCA-VCAL recommends ALFs review the proposed changes and begin planning how to update your policies and procedures, including:

• needed updates to admission documents;
• proper notification and documentation of the discharge process; and
• staff training needs on the new requirements.

If you have questions or comments on the regulations, email April Payne.