What’s happening: A week into the 2023 General Assembly session, legislators have introduced over 1,900 bills and resolutions.

• VHCA-VCAL is closely tracking measures affecting assisted living facilities (ALFs), including bills on minimum liability insurance requirements, the use of supplemental nursing services, and regulation of ALFs caring for fewer than 25 residents.

For context: VHCA-VCAL is still assessing the impact of the following bills and meeting with bill patrons and key committee members that will consider the proposals.

• We will provide additional details on these measures as the session continues and during sessions at the Legislative Conference on January 25-26.

Minimum liability insurance – SB 1221 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 of $500,000 established by the Board.
• The bill is pending a hearing before the Senate Rehabilitation and Social Services Committee.

Use of supplemental nursing services agencies in assisted living – 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.

• The bill would require DHP to certify supplemental nursing services agencies and set conditions for the training, screening, and related recordkeeping for its employees.
• The bill is pending a hearing before the Senate Rules Committee.

Regulations for ALFs with fewer than 25 residents – SB 1407 would require 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.

• The bill is pending a hearing before the Senate Rules Committee.