One week into the 2022 General Assembly session, VHCA-VCAL is closely monitoring numerous bills affecting assisted living facilities (ALFs). Among them are bills addressing involuntary discharge planning at ALFs and a bill to remove COVID-19 liability protections. Legislators have also introduced various employment-related bills.

VHCA-VCAL is still assessing the impact of the following bills and meeting with bill patrons and key committee members that will consider the proposals. We will provide additional details on these measures as the session continues.

ALF Involuntary Discharge – HB 690 and SB 40 would add requirements around the involuntary discharge process including 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.

COVID-19 Liability Protections – HB 569 would repeal 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. VHCA-VCAL 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. VHCA-VCAL opposes HB 569.

SHHR to Study of Consolidating Oversight/Regulation – HB 234 would direct 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. 

Legislators have also introduced legislation affecting labor and employment issues including:

• paid family and medical leave;
• barrier crimes and background checks;
• overtime wages;
• vaccine requirements; and
• removing future minimum wage rate increases (the Senate Commerce and Labor Committee has already defeated this proposal).