With the announcement last month of the October 17, 2019 effective date for a series of changes to the Standards for Licensed Assisted Living Facilities, assisted living communities should be taking steps to ensure compliance in 2020 for the provisions related to their on-site or emergency generators.

DSS has publicized the following summary of the changes related to emergency response planning and generators:

22VAC40-73-950. Emergency preparedness and response plan.

By December 1, 2020:

• An ALF equipped with an on-site emergency generator shall include a description of the emergency generator’s capacity to provide sufficient power for certain functions in its emergency preparedness and response plan.
• An ALF not equipped with an on-site emergency generator must enter into an agreement with a vendor capable of providing an emergency generator, enter into at least one agreement with a backup vendor.

22VAC40-73-980. Emergency equipment and supplies.

By December 1, 2020:

• Facilities equipped with an onsite emergency generator are required to test the generator monthly and maintain records of the tests.
• Facilities not equipped with an onsite emergency generator are required to have a temporary emergency electrical power source connection, which is tested at the time of installation and every two years thereafter by a contracted vender. The facility is required to maintain records of the tests.

An October 17, 2019 memo from DSS announced that the Standards for Licensed Assisted Living Facilities were revised, effective October 17, 2019, to correspond with changes made to the Code of Virginia by the 2019 session of the General Assembly. The changes include staffing during overnight hours in special care units, disclosure of generators, generator testing, and requirements related to death, resignation, or discharge of an administrator, and the frequency with which acting administrators can be used. The agency also issued revisions to the General Procedures and Information for Licensure.

The updated regulation and replacement pages can be found under the Regulations and Code References tab at https://www.dss.virginia.gov/facility/alf.cgi and can be ordered using the DSS Publication Order Form. ALFs are advised to replace the old pages with the new and discard prior versions. 

If you have questions about the changes to the standards, please contact April Payne. 

Additional Resources

• Revisions to Standards for Licensed Assisted Living Facilities Memo (October 17, 2019)
• Revisions to General Procedures and Information for Licensure Memo (October 17, 2019)
• General Procedures and Information for Licensure (Revised Effective October 17, 2019)
• 2019 Legislative Implementation Memo (June 12, 2019)