Our View of the Legislature: Assisted Living Facilities

Home / Legislative Highlights / 2022 Legislative Highlights / Our View of the Legislature: Assisted Living Facilities

Virginia’s General Assembly will be considering some bills that affect the operation of Assisted Living Facilities.  These facilities vary dramatically in Virginia, depending on the funding sources.  Some facilities are quite luxurious and well-staffed.  Others operate with a much more bare-bones approach – three or four residents per room, old and outdated residences, limited staffing, and no programming.  dLCV has heightened concern about the latter type of Assisted Living Facility, as those residences are usually occupied by individuals with serious mental illness, developmental disabilities, or both, and usually occupied by individuals with limited resources and family support.

Some of the bills under consideration this year affecting Assisted Living facilities include:

HB 690 (Hope), SB 40 (Spruill) – establish protections for individuals in assisted living facilities against discharges.  The bills require adequate notice to the individual and create an opportunity to challenge the decision to discharge.   HB 690 will be heard in the House Committee on Health Welfare and Institutions, perhaps next week.  SB 40 will be heard in the Senate Committee on Rehabilitation and Social Services tomorrow morning.   To watch that meeting click here.

HB 569 (Clark) Removes the section of code that said that assisted living facilities and other providers could not be held liable for provision or denial of COVID treatment.  The bill will be considered by the House Committee on Courts of Justice.

SB 100 (Hanger) – authorizes staff in programs licensed by the Department of Behavioral Health and Development Services to honor a valid DNR order.  As assisted living facilities are not licensed by DBHDS, this bill would only impact assisted living facilities to the extent that an individual is also in a program licensed by DBHDS.  This bill was approved by the Senate Committee on Education and Health this morning.

The disAbility Law Center of Virginia’s mission is to advance independence, choice and self-determination; protect legal, human and civil rights; and eliminate abuse, neglect and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation.   We are available to educate policy makers about the potential impact of legislative proposals and budgetary considerations.  Please let us know of any legislative proposals or budget issues that you think we should be following.  Contact us at info@dlcv.org or by calling 1-800-552-3962 or 804-225-2042.