A view of the Virginia State Capitol Buiding.

What’s happening: VHCA-VCAL has been closely tracking and lobbying on bills that impact assisted living facilities (ALFs) during the General Assembly session.

• Key assisted living bills address minimum liability insurance requirements, the use of supplemental nursing services, and regulation of ALFs caring for fewer than 25 residents.

Minimum liability insurance – The House Health, Welfare and Institutions (HWI) Committee approved an amended version of SB 1221.

• The bill would require the Board of Social Services to adopt regulations requiring each ALF to maintain a minimum amount of liability insurance, as determined by the Board, and provide notice of such insurance, upon request, to any resident or prospective resident. (Under current law, ALFs must provide a statement disclosing whether the facility maintains liability insurance but can only state that it does if it meets a minimum amount of coverage established by the Board.)
• The HWI Committee struck language in the bill that had been approved by the Senate stating that no ALF shall be immune from civil liability on the grounds that it is a charitable institution for damages equal to or less than the greater of (i) the limits of the liability insurance coverage maintained by the assisted living facility or (ii) the minimum amount of liability insurance coverage that the ALF is required to maintain by regulation. After amending the bill, the committee approved the measure on a 21-0 vote.
• The bill is awaiting vote on the floor of the House of Delegates this week. If the bill passes the House in its current form, Senate would have to agree to the House amendment or insist on a conference committee to resolve the differences between the two versions of the bill.

Use of supplemental nursing services agencies in assisted living – As introduced SB 1458 would direct the Department of Health Professions (DHP) to review and adopt regulations regulating the use of supplemental nursing services, defined in the bill, in ALFs.

• Stakeholders including VHCA-VCAL worked with bill patron, Sen. Adam Ebbin (D-Arlington) to explore turning the bill into a study resolution directing the state to take a broader look at staffing agencies and their impact on providers because the introduced version was determined to have a significant fiscal impact.
• The Senate has adopted substitute language in the bill turning it into a study proposal directing the Secretary of Labor, in collaboration with the DHP, to convene a work group to study the use of and potential to regulate temporary staffing agencies providing temporary health care staff in ALFs, adult day care centers, nursing homes, and hospices.
• The amended bill passed the Senate 39-0 and will be heard in the House.

Regulations for ALFs with fewer than 25 residents – SB 1407 would have required DSS to amend the Standards for Licensed Assisted Living Facilities for facilities with fewer than 25 residents to meet adjusted requirements for staff training, administrator licensure, and the minimum age for staff employment.

• During a committee hearing on February 3, VHCA-VCAL spoke in opposition to the bill in favor of maintaining the current DSS regulatory framework for ALFs to ensure the safety of all residents.
• The Senate Rules Committee voted 15-1 to “pass by indefinitely”, which effectively ends consideration of the legislation this session.