From DSS: The Division of Licensing Programs (DOLP) has issued its annual memo on legislation affecting assisted living facilities and the agency’s implementation plans.

• The memo covers the legislation related to electronic monitoring in ALFs, AED requirements, and an exemption to the restaurant regulatory requirements for ALFs and adult day centers when they provide care for 12 or fewer individuals in a home.

Electronic monitoring of resident rooms in ALFs: SB 409 would allow electronic monitoring in resident rooms in ALFs using the same language allowing monitoring in nursing facilities passed in 2025.

What the bill does: Under SB 409, ALFs will be required to allow residents, or their legal representatives, to use electronic monitoring devices in their rooms when specified criteria are met. “Electronic monitoring” is defined as the use of a surveillance device with a fixed position video camera or audio recording device, or a combination thereof, which is installed in a resident’s room and broadcasts or records activities or sounds occurring within the confines of the room.

• This bill outlines requirements for electronic monitoring conducted by the ALF. It establishes requirements for the use of electronic monitoring devices to include informed consent, the use of devices in shared rooms, fees, and custodial ownership of recordings.
• Additionally, the bill requires each ALF to adopt policies and procedures for electronic monitoring 

What else to know: The requirements will take effect when DSS promulgates regulations, which the agency expects could be as early as this fall.

• VHCA-VCAL will be closely monitoring the regulatory development process and provide updates as they become available.

Requirement for automated external defibrillators (AED): HB 1522 requires ALFs and nursing homes to have and maintain an AED and have staff trained to use an AED before an initial or renewal license is issued.

• This requirement takes effect on July 1, 2026

Read the April 21, 2026 memo in full and contact your licensing inspector with any questions.