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Virginia Health Care Association | Virginia Center for Assisted Living

Involuntary Discharge Regulations Moved to Standard Regulatory Change Process

Involuntary Discharge Regulations Moved to Standard Regulatory Change Process

What’s happening: DSS announced that it has shifted its approach to developing the new involuntary discharge regulations from a fast-track action to a standard three-stage regulatory process.

  • This change is in response to objections from VCAL and other stakeholders to the fast-track process that the proposed changes did not provide ALFs adequate details about the formal appeals process and the establishment of the new Division of Appeals and Fair Hearing.

 

What it means: The action is now in the proposed stage and will not become effective on November 27, 2023 as previously announced.

  • The right for residents to appeal emergency and involuntary discharges will not be available until the final regulation becomes effective following the completion of the regulatory process.

 

Next steps: Progress of this action can be monitored on the Virginia Regulatory Town Hall website. Information regarding Virginia’s Regulatory process can be found here.

  • Please contact your licensing inspector if you have any additional questions.