This week marks crossover, the midpoint of the 2022 General Assembly session and the deadline by which the House and Senate must act on bills originating in their respective chambers. Legislators have dealt with numerous bills affecting assisted living facilities.

ALF Involuntary Discharge – HB 690 and SB 40, bills that were not identical when they were introduced, were aligned to add matching requirements around the involuntary discharge process for assisted living facilities. HB 690 was reported by the Health, Welfare and Institutions Committee, but tabled by a subcommittee of the House Appropriations Committee. The legislation has a fiscal impact because it would establish an appeal process, which would necessitate the hiring of staff to deal with this new workload. SB 40 has passed the Senate on a 39-1 vote. The legislation provides a description of the reasons for which a resident may be involuntarily discharged, certain notice requirements, a requirement that the facility make reasonable efforts to resolve any issues upon which the discharge is based, and the provision of information regarding the resident’s right to appeal the facility’s decision to discharge the resident. VHCA-VCAL is grateful to the bill patrons Del. Patrick Hope (D-Arlington) and Sen. Lionell Spruill (D-Chesapeake) for considering the association’s input on the bills.

COVID-19 Liability Protections – HB 569, which would have repealed the liability protections for assisted living facilities and other providers established in the 2020 General Assembly special session during Virginia’s COVID-19 state of emergency, was stricken from the docket by the House Courts of Justice Committee at the request of the patron. This motion ended consideration of the bill, which VHCA-VCAL opposed. The association was part of a large coalition that requested that these liability protections be extended as the governor did not have the executive authority to do so. The liability protections are specific to the coronavirus pandemic and do not provide immunity for gross negligence or willful misconduct.

SHHR to Study of Consolidating Oversight/Regulation – HB 234, which as introduced directed the Secretary of Health and Human Resources to study consolidating oversight and regulation of nursing homes, assisted living facilities, and other congregate living settings under a single state agency. The bill was amended to direct the HHR Secretary to study the current oversight and regulation (not consolidate under a single agency). The bill passed the House of Delegates unanimously and awaits consideration by the Senate Education and Health Committee.