While legislation passed during the 2019 General Assembly is generally set to take effect on July 1, the Department of Social Services (DSS) recently sent a memo to assisted living facilities (ALFs) outlining which bills require the department to adopt new regulations. In those instances, an actual effective date is to be announced.

The provisions of SB 1409 related to the assisted living administer licensing, will take effect on July 1. As of that date, an ALF must immediately notify the Board of Long Term Care Administrators and the DSS regional licensing office when an administrator dies, resigns, is discharged, or becomes unable to perform his duties. Additionally, an ALF may operate under the supervision of an acting administrator twice during any two-year period, when previously it could do so only once.

DSS has provided the following notice on the bills related to disclosure of generators, generator testing and staffing during overnight hours:

Notice, including an effective date, will be sent out once these requirements are updated in the assisted living facility regulation.

The process to adopt new regulations includes the opportunity for public comment. VHCA-VCAL will be closely monitoring these processes and weigh-in as necessary to provide VCAL input into the process. Read the full text of the June 12 memo from DSS.

Additional details about the legislative language is provided below.

Disclosure of Assisted Living Generators – HB 1815 requires assisted living facilities (ALFs) to disclose in writing whether the facility has an on-site emergency electrical power source for the provision of electricity during an interruption of the normal electric power supply.

ALF Temporary Emergency Electrical Power Source – SB 1077 was amended to direct the Department of Social Services (DSS) to issue regulations that would require:

• ALFs with on-site emergency generators must include a description of its capacity as outlined in the emergency response plan.
• ALFs that maintain a connection for mobile generators must have agreements with vendors to provide emergency generators as well as backup agreements should the initial vendors be unable to fulfill their supply agreements during an emergency.
• ALFs must test the connection for any on-site generators at installation and then every two years; and
• ALFs must conduct monthly testing of all on-site generators and maintain records of such testing.

ALF Staffing During Overnight Hours – SB 1410 and HB 2521 direct the State Board of Social Services to amend regulations governing staffing of ALF units with residents who have serious cognitive impairment due to a primary psychiatric diagnosis of dementia or any other diagnosis and are unable to recognize danger or protect their own safety and welfare to create an exception to certain staffing requirements for overnight hours.

DSS must draft regulations to allow for the following number of direct care staff members be awake and on duty and responsible for the care and supervision of the residents at all times during night hours:

1. When 22 or fewer residents are present, at least two direct care staff members;
2. When 23 to 32 residents are present, at least three direct care staff members;
3. When 33 to 40 residents are present, at least four direct care staff members; and
4. When more than 40 residents are present, at least four direct care staff members plus at least one additional direct care staff member for every 10 residents or portion thereof in excess of 40 residents.

Please note that no changes are needed related to your staffing until such time as new regulations are issued.