UPDATE ON DSS LICENSING REGULATIONS

VCAL (1/17/2006)

In late December the Warner Administration made a decision not to publish the Department of Social Services (DSS) replacement regulations for public comment.  We understand that the action was a result of concerns expressed to the Administration by a number of ALF providers who believe the regulations would be overly burdensome and costly to implement.  According to information presented at the December 14, 2005 State Board of Social Services meeting, this essentially means that DSS will have to start the process over again unless the draft regulations are released in the coming weeks in order to meet the deadline of replacing the Emergency Regulations which went into effect December 28, 2005.  The Emergency Regulations, in effect for a period not to exceed one year, resulted from a compromise piece of legislation enacted by the 2005 General Assembly. 

The 2005 legislation was proposed in response to growing concerns over the care and protection of Virginia's vulnerable adult population residing in assisted living facilities.  A number of stakeholders, including VCAL and organizations representing a wide range of concerns, provided input into the legislation.  As required in the legislation, DSS has prepared a report on the implementation of the law for the Governor, the Chairman of the Joint Commission on Health Care, the House Committee on Health, Welfare and Institutions and the Senate Committee on Rehabilitation.  The law stipulates the following:

• Licensure of assisted living administrators;
• Registration of medication aides;
• Applicants for licensure to have background checks;
• Provisional licenses to be posted;
• Appointment of an interim manager in assisted living facilities;
• Authority to the Commissioner for summary suspension of licenses;
• Creates a provision for partial delicensure in lieu of forcible closure;
• An Increase in the maximum for civil penalties to     $10,000 within a 24-month period;
• Adds a statutory base for allowable variances;
• Regulations for direct care staff qualifications and training;
  A facility medication management plan;
• A limit on the number of facilities an administrator may be responsible for overseeing;
• Public disclosure of information; and
• Referral for MI/MR/SAS populations.

A copy of the entire DSS Executive Summary Report is available on the Virginia General Assembly website.