TECHNICAL ASSISTANCE INFORMATION

VCAL eFocus (September 2003)

The Department of Social Services (DSS) recently mailed their Information and Technical Assistance packet to all assisted living providers in the state.  Included in the mailing was a reminder about a change in the law addressing barrier crimes for assisted living facilities (ALFs) made in the 2003 General Assembly.  The change which became effective on July 1 removes extortion by threat set out in Section 18.2-59 and replaces it with threats of death or bodily injury defined in Section 18.2-60 as a barrier crime.  This change now makes barrier crimes for ALFs consistent with barrier crimes for nursing facilities.  As a result, the Regulation for Criminal Record Checks for Assisted Living Facilities and Adult Day Care Centers is being amended to reflect the change and has a planned effective date of September 19, 2003.  According to DSS, providers should receive a copy of the revised regulation prior to the effective date.