VCAL Committee Meets With DSS

VCAL (4/5/2007)

On March 6th the VCAL Committee held a meeting to review legislation from the 2007 General Assembly impacting Assisted Living Facilities (ALFs) and to discuss issues related to the ALF Replacement Regulations during the first months of implementation.  Despite major changes made between the proposed and final regulations as a result of public comments, a number of requirements have emerged as problematic for providers.  VCAL members were asked to submit their concerns prior to the meeting so that specific issues could be addressed by the Department of Social Services (DSS).  Lynne Williams and William Spitzer from DSS attended the meeting and indicated their understanding that providers have a desire to be treated “reasonably and uniformly” in the inspection process.  Providers expressed their concerns about the unreasonableness of several of the requirements and the lack of clarity with a number of the standards.  Ms. Williams and her staff have provided written responses to each of the items that were presented to DSS.  Members can find the written responses at http://www.vhca.org/whatsnewApp/files/808574F76.pdf.

A major portion of the discussion focused on concerns with the regulations related to 22 VAC 40-72-960, Emergency equipment and supplies.  The standard requires each facility with six or more residents to be able to connect by July 1, 2007 to a temporary emergency electrical power source for the provision of electricity to provide power to a specific list of identified services, e.g., heating and cooling in an area that provides no less than 40 square feet of floor area per resident, lighting that provides no less than 40 square feel of floor area per resident, refrigeration, and operation of necessary medical equipment.  An analysis of the requirement reveals that the amount of energy required to meet the standard exceeds what many providers currently have capacity for, even with their existing generators.  It is of major concern that the requirement for 40 square feet of floor space per resident is excessive and unreasonable given the number of beds in a facility.  The storage of enough fuel to meet the requirement is also problematic.

In addition,  the standard, 22 VAC 40-72-960, Emergency equipment and supplies, requires that the facility either have an emergency generator available on-site or have a written agreement with a company or other entity that will provide an emergency generator within four hours of notification.  It has come to our attention that several companies will not commit to a four-hour guarantee to meet the requirement for availability of equipment, fuel, transportation and an electrical contractor to provide installation.  This presents a significant challenge for providers in order to comply with the regulations.

Please let us know the status of your emergency equipment and supplies.  We are asking ALF providers to let us know if they have a generator installed in their facility that can satisfy the requirements specified in the standard or if they are having difficulty obtaining a written agreement with a company or other entity to provide an emergency generator within four hours of notification.  Please share that information with Beverley Soble by e-mail at beverley.soble@vhca.org or by phone at 804.212.1697.