Our View of the Legislature: Assisted Living Facilities

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A significant piece of reform legislation relating to the rights of residents of assisted living facilities was approved by both the House and the Senate. SB 40 (Spruill) requires the Board of Social Services to develop regulations regarding involuntary discharges of residents from assisted living facilities to provide certain safeguards for residents, including:

  • Description of the reasons for which a resident may be involuntarily discharged
  • Certain notice requirements
  • Requirement that the facility make reasonable efforts to resolve any issues upon which the discharge is based
  •  Provision of information regarding the resident’s right to appeal the facility’s decision to discharge the resident

As we have noted before, the term assisted living facilities can describe very different kinds of institutions, depending on the funding sources. Some are well staffed and comfortable. Others are much more basic and crowded. dLCV monitors 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.

SB 40 (Spruill) was been approved by both the Senate and the House, even though it has a slight fiscal impact on the state budget. It now moves to the Governor, who has until April 11th to sign, veto, or amend the bill.

The disAbility Law Center of Virginia’s mission is to advance the rights of people with disabilities to be free from abuse, neglect, and discrimination, including individuals who are in Assisted Living Facilities. If you or a loved one have an issue with an Assisted Living Facility, please call us at 1-800-552-3962 or go to our website at Get Help.