What’s new: DSS announced amendments to the background check regulations for assisted living facilities and adult day centers, which were effective August 15, 2025. 

• There are no new requirements for ALFs or ADCs in the regulations. These changes were aimed at reducing regulatory burdens and clarifying existing requirements.

Key highlights include:

• Definitions, including “barrier crimes,” have been updated for clarity and alignment with the Code of Virginia.
• Facilities are no longer required to attach sworn statements to criminal history reports but must keep both available for inspection.
• Criminal history reports must be stored securely, and employees may not work directly with residents until their background check is complete—unless supervised.
• New provisions clarify background check responsibilities for temporary staff, transferred employees, and those on leave.
• ADCs serving Medicaid participants may disclose background check status to DMAS, as already required by law.

How it happened: These amendments were adopted through the fast-track regulatory process due to their noncontroversial nature and were published in the Virginia Register of Regulations on June 16, 2025.

For full details, visit the Regulations & Code References section on the ALF and ADC program pages at Virginia DSS. 

• Click the Regulation for Background Checks for Assisted Living Facilities and Adult Day Centers.
• Please contact your licensing inspector with any questions.