Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 30. Department For Aging And Rehabilitative Services
Chapter 110. Assessment in Assisted Living Facilities

22VAC30-110-40. Discharge.

A. ALF staff shall assist the individual and the individual's legal representative in the discharge or transfer process. For public pay individuals, ALF staff shall provide written notification of the individual's date and place of discharge or of the individual's death to the local department benefits worker in the jurisdiction responsible for authorizing the auxiliary grant and the qualified assessor or case manager who conducted the most recent assessment. The ALF shall make these notifications at least 14 calendar days prior to the individual's planned discharge or within five calendar days after the individual's death. In the event of an emergency discharge as specified in 22VAC40-73-430, the notification shall be made as rapidly as possible, but must be made by close of the day following the emergency discharge.

B. Upon issuing a notice of summary order of suspension to an ALF, the Commissioner of the Virginia Department of Social Services or his designee shall contact the appropriate local department to develop a relocation plan. Individuals residing in an ALF whose license has been summarily suspended pursuant to § 63.2-1709 of the Code of Virginia shall be relocated as soon as possible to reduce the risk to their health, safety, and welfare. New assessments of the individuals who are relocating are not required, pursuant to 22VAC30-110-30 D.

Statutory Authority

§§ 51.5-131 and 51.5-146 of the Code of Virginia.

Historical Notes

Former 22VAC40-745-40, derived from VR615-46-02 § 2.3, eff. February 1, 1996; amended, Virginia Register Volume 23, Issue 1, eff. November 1, 2006; amended and renumbered as 22VAC30-110-40, Virginia Register Volume 30, Issue 1, eff. October 9, 2013; amended, Virginia Register Volume 31, Issue 11, eff. February 25, 2015; Volume 37, Issue 19, eff. June 9, 2021.

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