What to know: A May 11 DSS memo advises ALFs on legislation passed in the 2023 General Assembly session affecting them.

• The memo reviews three bills covering nurse practitioner licensing, minimum liability insurance requirements for ALFs, and provisional licensing of ALFs.

Advance practice registered nurses (SB 975) This bill changes references to certain nurse practitioners in the Code of Virginia to “advanced practice registered nurse” to align the Code with the professional designations in the Consensus Model for Advanced Practice Registered Nurses Regulation established by the National Council of State Boards of Nursing.

• This is effective on July 1, 2023.

Minimum liability insurance (SB 1221) This legislation directs 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.

• Tiers for required amounts of liability insurance will be established, based on the capacity of the ALF.
• These requirements are not effective until the Standards for Licensed Assisted Living Facilities is revised to add these new provisions.
• DSS will issue notice and an effective date for the revised regulations when the regulation changes are approved.

Provisional licensing (SB 1508) This legislation increases the maximum time an applicant may operate an ALF, adult day care center, or child welfare agency under a provisional license from six months to 12 successive months.

• Out of over 800 licensed facilities, only five facilities currently have a provisional license.
• This change effective on July 1, 2023.