The Department of Social Services (DSS) has amended the General Procedures to reflect the increase in the aggregate amount of civil penalties that the Commissioner may assess against an assisted living facility for noncompliance with the terms of its license. This change stems from legislation passed by the General Assembly earlier this year. 

Effective October 19, 2017, the new regulation changes the aggregate amount of civil penalties in ALFs to not exceed $10,000 from a 24-month period to a 12-month period of time:

“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;” (Reference: Code of Virginia § 63.2-1709.2)

ALFs are advised to contact their licensing inspectors with any questions.