Virginia Regulatory Town Hall
Agency
Department of Social Services
Board
State Board of Social Services
 
chapter
Standards for Licensed Assisted Living Facilities [22 VAC 40 ‑ 73]
Guidance Documents
Chapter Information
Description Assisted living facilities are any congregate residential settings that provide or coordinate personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care, in one or more locations, of four or more adults who are aged, infirm or disabled. The assisted living facility regulation provides for two levels of licensure, residential living care and assisted living care. The requirements for the residential living care licensure apply to those facilities that care for individuals who require only minimal assistance with the activities of daily living. The assisted living care level of licensure applies to facilities that care for individuals requiring at least a moderate level of assistance with the activities of daily living. Residents must be assessed, using the Uniform Assessment Instrument, to determine correct placement. Persons with certain conditions or care needs may not be admitted or retained in an assisted living facility. Each resident of an assisted living facility has an individualized service plan based on assessed needs. A facility must provide for care, services and activities that meet the needs, interests and abilities of each resident. Every resident has rights and responsibilities as specified in the Code of Virginia and the standards. [Under Development]
State Authority § 63.2-217 requires the State Board of Social Services (Board) to adopt regulations as may be necessary or desirable to carry out the purpose of Title 63.2 of the Code; § 63.2-1721 requires applicants for assisted living facility licensure to undergo a ba
Federal Authority None
Exempt from APA No, changes to this chapter are subject to the Administrative Process Act.
Text of Regulation Link to Virginia Administrative Code
Goals of Regulation None entered
Meetings See all meetings (2) relating to this chapter.

Contact Information
Name / Title: Sharon Lindsay  / Associate Director
Address: 801 E. Main Street
Richmond, VA 23219
Email Address: sharon.lindsay@dss.virginia.gov
Telephone: (804)972-0676    FAX: (804)726-7132    TDD: ()-
Current Actions
Action Title Latest Stage Status
Rename Adult Day Care Centers to Adult Day Centers
Action is Exempt from Article 2 of the Administrative Process Act
Final Governor's office has completed its review - Next step is Submission to the Registrar.
Minimum Liability Insurance for Assisted Living Facilities Emergency/NOIRA Secretary of Health and Human Resources review in progress.
Add Temporary Authorization to Practice for Assisted Living Facilities
Action is Exempt from Article 2 of the Administrative Process Act
-

Past Actions
Action Title Latest Stage Status
Amend Standards for Licensed Assisted Living Facilities NOIRA Stage complete. Comment period ended 08/16/2023.
Update Standards to Add Appeal Process for Discharges Fast-Track Comment period complete, but objections were filed.
Amend ALF Regulation as a Result of 2021 Legislation
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 10/13/2021.
Add Provisions for Individualized Service Plans
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 10/15/2020.
Amend ALF Standards to Comply with Code Requirements
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 10/17/2019.
Assisted Living Facility Mixed Population Staffing Requirement
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 08/23/2018.
Technical Corrections to Licensed Assisted Living Facilities
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 02/01/2018.
Licensed Assisted Living Facilities Regulation Comprehensive Revision Final Stage complete. This regulation became effective on 02/01/2018.

Periodic Reviews
Last Activity Status
6/16/2022 Agency Completed Amend