What to know: A June 5 DSS memo advises assisted living facilities (ALFs) on three legislative measures passed in the 2024 General Assembly session affecting them. The highlighted legislation covers:

• the addition of ALFs to the list of employers allowing properly authorized ALF administrators to temporarily practice for one 90-day period in Virginia if they have an offer of employment in Virginia;
• the renaming of “adult day care centers” to “adult day centers;” and
• the VHCA-VCAL-backed legislation to develop a regulatory pathway for medication aides to administer drugs at certified nursing facilities.

Out-of-state health care practitioners; temporary authorization to practice in ALFs (HB 511): This legislation outlines the requirements an ALF and ALF administrator who is licensed, certified, or registered in another state or the District of Columbia to temporarily practice for one 90-day period, provided that the ALF administrator is contracted by or has received an offer of employment in Virginia and certain other conditions are met.

• In such circumstances, the ALF is required to obtain a report from the National Practitioner Data Bank if the applicant is subject to reporting and that certain notifications are made to the Virginia Board of Long-Term Care Administrators. 
• This legislation is effective on July 1, 2024.

Name changes to adult day centers: (SB 173 and HB 1489) make changes throughout the Code of Virginia to update the term “adult day care center” to simply “adult day center.”

• This legislation is effective on July 1, 2024.

Developing a regulatory pathway for medication aides to administer drugs at certified nursing facilities (HB 349): This legislation directs the Board of Nursing (BON) to create a workgroup to determine the educational requirements and criteria to be used to enable advanced registered medication aides to administer drugs to residents in certified nursing facilities. VHCA-VCAL will be actively engaged in the process to develop the new curriculum and related regulations.

• Under the legislation, the Department of Health would be required to promulgate regulations to authorize such medication aides to administer prescription drugs to residents in certified nursing facilities effective July 1, 2025.
• The new curriculum and registration process would be more stringent than the current registered medication aide (RMA) curriculum used by RMAs in assisted living.
• Medication aides authorized to work in nursing facilities would be able to work in assisted living facilities, but assisted living trained medication aides would not be able to work in nursing facilities.
• The workgroup will help the BON determine distinctions between the two types of medication aides.