2006 Special Session I

Budget Amendments - HB5002 (Conference Report)

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Temporarily Suspend Assisted Living Regulations (language only)

Item 337 #1c

Item 337 #1c

Health And Human Resources
Department Of Social Services

Page 300, after line 39, insert:
"H.  Notwithstanding the emergency regulations set forth in 22 VAC 40-71-10 et seq. Standards and Regulations for Licensed Assisted Living Facilities, the Department of Social Services shall (i) define a department-approved course for managers of licensed facilities with 19 or fewer residents, pursuant to 22 VAC 40-71-60 L.3 e (4), as a course that does not exceed 40 hours and is available and accessible in multiple regions within the Commonwealth; (ii) reinstate an exception to the requirement that at least one staff member be awake and on duty during the night in buildings that house 19 or fewer residents provided that none of the residents require a staff member to be awake and on duty at night, pursuant to 22 VAC 40-71-130; and (iii) eliminate requirements set forth in the emergency regulations, pursuant to 22 VAC 40-71-485, guiding intervention for high risk behavior."

(This amendment directs the Department of Social Services to enforce certain provisions of the emergency regulations in a manner that gives relief to smaller facilities and suspend certain sections of the emergency regulations which may exceed the intent of statutory changes made in Chapter 610 and Chapter 924 of the 2005 Acts of the Assembly. These emergency regulations are in effect until December 27, 2006.)