SB 40 — Assisted living facilities; involuntary discharge, safeguards for residents.
Last action — Enacted, Chapter 706 (effective 7/1/21)
-
✓Introduced
-
✓In Committee
-
✓Passed Senate
-
✓Passed House of Delegates
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced December 27, 2021. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 27, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
-
Enacted
Current position in the legislative process.
-
2 sponsors
1 primary, 1 co-sponsors signed on.
-
Cleared a recorded vote
Passed 11 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Assisted living facilities; involuntary discharge. Requires that regulations of the Board of Social Services regarding involuntary discharges of residents from assisted living facilities provide certain safeguards for residents, including a description of the reasons for which a resident may be involuntarily discharged, certain notice requirements, a requirement that the facility make reasonable efforts to resolve any issues upon which the discharge is based, and the provision of information regarding the resident's right to appeal the facility's decision to discharge the resident.
Bill Text
What changed in the latest version
144 added · 151 removedPlain-language change summary
The updated version of SB 40 adds clarity and detail to the requirements for assisted living facilities, particularly regarding what information must be disclosed to prospective residents. Specifically, it emphasizes the need for clear communication about fees for services and criteria for admission, transfer, and discharge. This change matters because it ensures prospective residents and their families have a better understanding of the facilities and services offered, which can help them make informed decisions about care options. Additionally, while the previous version included a focus on discharge planning, the new version does not mention it, potentially impacting how facilities manage transitions for residents whose needs may outgrow the facility.
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY --–– 2022 RECONVENED SESSION CHAPTER 706R An Act to amend and reenact § 63.2-1805 of the Code of Virginia, relating to assisted living facilities;
E N [S 40] Approved AprilR 27,O 20221. Be it enacted by the General Assembly of Virginia:
1.
L A.
L 1.
E 2.
Requiring that each assisted living facility prepare and provide a statement, in a format prescribed by the Department, to any prospective resident and his legal representative, if any, prior to admissionaDmission and upon request, that discloses information, fully and accurately in plain language, about the (i) fees for additional services;
(ii) fees, including clear information about what services are included in the base fee and any fees for additional services;
Establishing a process to ensure that each resident admitted or retained in an assisted living facility receives appropriate services and periodic independent reassessments and reassessmentsreassessmentsSwhen when there is a significant change in the resident's condition in order to determine whether a resident'sresid4nt's needs caninterests continueof to be met by the resident;the facility and whether continued placement in the facility is in thethE best interests4. of the resident;
4.Governing appropriate discharge planning for residents whose care needs can no longer be 2et by the facility;
Governing appropriate discharge planning for residents whose care needs can no longer be met by the facility;
(ii) for nonpayment of contracted charges, provided that the resident has been given at least 30 days to cure the delinquency after notice was provided to the resident and the resident's legal representative or designated contact person of such nonpayment;
Unless an emergency discharge is necessary due to an immediate and serious risk to the health, safety, or welfare of the resident or others, the assisted living facility shall, prior to involuntarily discharging a resident, make reasonable efforts, as appropriate, to resolve any issues with the resident upon which the decision to discharge is based and document such efforts in the resident's file.
resident upon which the decision In addition to providing the written discharge notice to the resident and the resident's legal representative or designated contact person, the assisted living facility shall provide a copy of the notice to the Department and the State Long-Term Care Ombudsman at least 30 days prior to an involuntary discharge unless an emergency discharge is necessary due to an immediate and serious risk to the health, safety, or welfare of the resident or others.
Such notice of discharge shall include the reasons for discharge, the date on which the discharge will occur, and information regarding the resident's right toresident., appeal, within the 30-day notice period, the assisted living facility's decision to discharge the resident.In cases of an emergency discharge, such notice shall be provided as soon as possible, but no later than five days after the emergency discharge.
In cases of an emergency discharge, such notice shall be provided as soon as possible, but no later than five days after the emergency discharge.
The Department shall provide the discharge notice form to be used by assisted living facilities to provide notice to a resident of the resident's right to appeal such facility's decision to discharge the resident, which shall also include information regarding the process for initiating an appeal, the number for a toll-free information line, a hearing request form, the facility's obligation to assist the resident in of 3 filing an appeal and provide, upon request, a postage prepaid envelope addressed to the Department, and a statement of the resident's right to continue to reside in the facility, free from retaliation, until the of 3 appeal has a final Department case decision unless the discharge is an emergency discharge or the resident has developed a condition or care need that is prohibited by subsection D or Board regulations.
Dermal ulcers III and IV, except those stage III ulcers that are determined by an independent of 3 physician to be healing.
Intravenous therapy or injections directly into the vein except for intermittent intravenousintravenRus therapy managed by a health care professional licensed in Virginia or as permitted in subsection E.
Airborne infectious disease in a communicable state that requires isolation of the individual or requires special precautions by the caretaker to prevent transmission of the disease, includingincludingEdiseases diseasessuc5. of 3 such as tuberculosis and excluding infections such as the common cold.
5.
N 6.
8.O 9.
AnContinuous imminentlicensed physicalnursing threatcare or(seven-days-a-week, danger24-hours-a-day) to self or others is presentedrequired by the L individual.
9.
Continuous licensed nursing care (seven-days-a-week, 24-hours-a-day) is required by the individual.
L 11.
Maximum physical assistance is required by the individual as documented by the uniform E assessment instrument and the individual meets Medicaid nursing facility level-of-care criteria as defined in the State Plan for Medical Assistance, unless the individual's independent physician determines otherwise.
Other medical and functional care needs that the Board determines cannot be met properly in an assistedassE. living facility.
E.Except for auxiliary grant recipients, at the request of the resident in an assisted living facility and when his independent physician determines that it is appropriate, (i) care for the conditions oS care needs defined in subdivisions D 3 and D 7 may be provided to the resident by a licensed physician, a 4icensed nurse or a nurse holding a multistate licensure privilege under a physician's treatment plan, oE a home D 7 may also be provided to the resident by facility staff if the care is delivered in accordan2e with then regulations of the Board of Nursing for delegation by a registered nurse Part VIII (18VAC90-20-420 et seq.) of 18VAC90-20.
Except for auxiliary grant recipients, at the request of the resident in an assisted living facility and when his independent physician determines that it is appropriate, (i) care for the conditions or care needs defined in subdivisions D 3 and D 7 may be provided to the resident by a licensed physician, a licensed nurse or a nurse holding a multistate licensure privilege under a physician's treatment plan, or a home care organization licensed in Virginia or (ii) care for the conditions or care needs defined in subdivision D 7 may also be provided to the resident by facility staff if the care is delivered in accordance with the regulations of the Board of Nursing for delegation by a registered nurse Part VIII (18VAC90-20-420 et seq.) of 18VAC90-20.
View plain text versions (6)
- SB40ER2 View text pdf April 27, 2022
- CHAP0706 View text Current pdf April 27, 2022
- SB40ER View text pdf March 10, 2022
- Committee Substitute Committee substitute printed 22106223D-S2 pdf February 08, 2022
- Committee Substitute Committee substitute printed 22105362D-S1 pdf January 28, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22102327D pdf December 27, 2021
Action History
-
Enacted, Chapter 706 (effective 7/1/21)
-
Signed by Speaker as reenrolled
-
Signed by President as reenrolled
-
Reenrolled bill text (SB40ER2)
-
Reenrolled
-
Governor's recommendation adopted
-
VOTE: Adoption (100-Y 0-N)
-
House concurred in Governor's recommendation BLOCK VOTE (100-Y 0-N)
-
Senate concurred in Governor's recommendation (40-Y 0-N)
-
Governor's recommendation received by Senate
-
Governor's Action Deadline 11:59 p.m., April 11, 2022
-
Enrolled Bill Communicated to Governor on March 22, 2022
-
Signed by Speaker
-
Signed by President
-
Impact statement from DPB (SB40ER)
-
Enrolled
-
House amendment agreed to by Senate (39-Y 0-N)
-
VOTE: Passage (97-Y 0-N)
-
Passed House with amendment (97-Y 0-N)
-
Engrossed by House as amended
-
Committee amendment agreed to
-
Read third time
-
Read second time
-
Reported from Appropriations with amendment(s) (21-Y 0-N)
-
Subcommittee recommends reporting with amendments (7-Y 1-N)
-
House subcommittee amendments and substitutes offered
-
Assigned App. sub: Health & Human Resources
-
Referred to Committee on Appropriations
-
Reported from Health, Welfare and Institutions (20-Y 1-N)
-
Referred to Committee on Health, Welfare and Institutions
-
Read first time
-
Placed on Calendar
-
Impact statement from DPB (SB40S2)
-
Read third time and passed Senate (39-Y 1-N)
-
Engrossed by Senate - committee substitute SB40S2
-
Committee substitute agreed to 22106223D-S2
-
Reading of substitute waived
-
Committee substitute rejected 22105362D-S1
-
Read second time
-
Constitutional reading dispensed (38-Y 0-N)
-
Committee substitute printed 22106223D-S2
-
Reported from Finance and Appropriations with substitute (16-Y 0-N)
-
Senate committee, floor amendments and substitutes offered
-
Senate subcommittee amendments and substitutes offered
-
Impact statement from DPB (SB40S1)
-
Rereferred to Finance and Appropriations
-
Committee substitute printed 22105362D-S1
-
Reported from Rehabilitation and Social Services with substitute (12-Y 0-N 2-A)
-
Senate committee, floor amendments and substitutes offered
-
Impact statement from DPB (SB40)
-
Referred to Committee on Rehabilitation and Social Services
-
Prefiled and ordered printed; offered 01/12/22 22102327D
Sponsors
- Sr. Lionell Spruill · Primary
- Ghazala F. Hashmi · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on · 3 voted No
Sponsors (1)
- Lionell Spruill, Sr.
Co-sponsors (1)
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 96 | 0 | 0 | 3 |
| Total | 96 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 1 |
| Total | 21 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Coyner, Carrie E. | — | Yea |
| David A. Reid | — | Yea |
| Davis, Glenn R. | — | Not Voting |
| Delores L. McQuinn | — | Yea |
| Emily M. Jordan | — | Yea |
| Fariss, C. Matthew | — | Yea |
| James W. Morefield | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Yea |
| M. Keith Hodges | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Paul E. Krizek | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Sam Rasoul | — | Yea |
| Scott A. Wyatt | — | Yea |
| Sickles, Mark D. | — | Yea |
| Terry L. Austin | — | Yea |
| Wampler, William C., III | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 1 | 0 | 1 |
| Total | 7 | 1 | 0 | 1 |
| % of votes cast | 78% | 11% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Betsy B. Carr | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Emily M. Jordan | — | Yea |
| Fariss, C. Matthew | — | Nay |
| Knight, Barry D. | — | Yea |
| M. Keith Hodges | — | Yea |
| Sam Rasoul | — | Yea |
| Sickles, Mark D. | — | Yea |
| Wampler, William C., III | — | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 1 | 0 | 1 |
| Total | 20 | 1 | 0 | 1 |
| % of votes cast | 91% | 5% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| March, Marie E. | — | Not Voting |
| Adams, Dawn M. | — | Yea |
| Bell, Robert B. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Christopher T. Head | — | Yea |
| Edmunds, James E., II | — | Yea |
| Fariss, C. Matthew | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| H. Otto Wachsmann, Jr. | — | Yea |
| Hudson, Sally L. | — | Yea |
| Karrie K. Delaney | — | Yea |
| Kathy K.L. Tran | — | Yea |
| M. Keith Hodges | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Mike A. Cherry | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Patrick A. Hope | — | Yea |
| Phillip A. Scott | — | Nay |
| Robinson, Roxann L. | — | Yea |
| Rodney T. Willett | — | Yea |
| Sickles, Mark D. | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 1 | 0 | 0 |
| Total | 39 | 1 | 0 | 0 |
| % of votes cast | 98% | 3% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 0 | 0 | 2 |
| Total | 12 | 0 | 0 | 2 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Cosgrove, John A., Jr. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Not Voting |
| Ryan T. McDougle | — | Yea |
| Scott A. Surovell | — | Not Voting |
| Todd E. Pillion | — | Yea |
Subjects
Frequently asked questions
- What does SB 40 do?
- Assisted living facilities; involuntary discharge. Requires that regulations of the Board of Social Services regarding involuntary discharges of residents from assisted living facilities provide certain safeguards for residents, including a description of the reasons for which a resident may be involuntarily discharged, certain notice requirements, a requirement that the facility make reasonable efforts to resolve any issues upon which the discharge is based, and the provision of information regarding the resident's right to appeal the facility's decision to discharge the resident.
- Who sponsors SB 40?
- SB 40 is sponsored by Lionell Spruill, Sr. and Ghazala F. Hashmi.
- What is the current status of SB 40?
- This bill has been enacted into law. Introduced December 27, 2021. Enacted.
- Where can I track SB 40?
- Track SB 40 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on SB 40
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SB 40
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →