Regulatory Update: ALF Standards and Background Checks
Although Gov. Terry McAuliffe has approved the comprehensive overhaul of the standards for assisted living facilities (ALFs), the Department of Social Services (DSS) must still open a final comment period on the regulations and then assign an effective date. The final regulations have been submitted to the Virginia Registrar for expected publication on November 13, 2017. VHCA-VCAL staff has been in close contact with DSS officials and will share information on the effective date as soon as it is announced.
In the meantime, on September 18, 2017, the regulation for background checks for assisted living facilities (ALFs) was published to reflect code changes made earlier this year by the General Assembly. The amended background check regulation takes effect on October 19, 2017.
Background Check Regulation Regulatory Update
The amendments to the background check regulations make three changes:
- Expand the list of barrier crimes to include additional crimes and moves the list from § 63.2-1719 to § 19.2-392.02 of the Code of Virginia;
- Allow assisted living facilities and adult day care centers to continue to employ a person convicted of one misdemeanor barrier crime not involving abuse or neglect if five years has elapsed following the conviction; and
- Technical changes made in the definition section and in 22 VAC 40-90-70, the section on issuance of a license in the regulation, as a result of the Code amendments.
In the coming months VCAL will publish an information series highlighting many of the changes to the ALF standards along with reminders of which policies and procedures you will need to update for your facility. If you have questions about the ALF regulations, please contact April Payne.
Additional Resources
Proposed Standards for Licensed Assisted Living Facilities (Comprehensive Revision)
List of Barrier Crimes
Two versions of the list are available: one in alphabetical order and the other in numerical order. Both versions contain the same crimes.