Part II. Administration
22VAC40-61-60. Requirements for licensee.
A. The licensee shall ensure compliance with all regulations for licensed adult day centers and terms of the license issued by the department; with relevant federal, state, or local laws; with other relevant regulations; and with the center's own policies and procedures.
B. The licensee shall:
1. Be of good character and reputation;
2. Protect the physical and mental well-being of the participants;
3. Keep such records and make such reports as required by this chapter for licensed adult day centers. Such records and reports may be inspected by the department's representative at any reasonable time in order to determine compliance with this chapter;
4. Meet the qualifications of the director if the licensee assumes those duties;
5. Act in accordance with General Procedures and Information for Licensure (22VAC40-80);
6. Ensure that the current license is posted in the center in a place conspicuous to the participants and the public; and
7. Be responsible for the overall planning of the program and services to be provided by the center, including the following:
a. Develop and keep current a statement of the purpose and scope of the services to be provided by the center, a description of adults who may be accepted into the program as well as those whom the program cannot serve, and policies and procedures under which the center will operate.
b. Appoint and identify in writing a qualified director to be responsible for the day-to-day operation and management of the center. When the business entity is an individual who serves as the director, this shall also be noted in writing.
c. Provide an adequate number of qualified staff capable of carrying out the operation of the program and develop a staffing plan that includes a staffing schedule.
d. Develop policies and procedures for the selection and supervision of volunteers.
e. Develop a written organizational chart indicating chain of command.
f. Make certain that when it is time to discard records, the records are disposed of in a manner that ensures confidentiality.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019; amended, Virginia Register Volume 40, Issue 24, eff. August 14, 2024.
22VAC40-61-70. Liability insurance.
The center shall maintain public liability insurance for bodily injury with a minimum limit of at least $1 million for each occurrence or $1 million aggregate. Evidence of insurance coverage shall be made available to the department's representative upon request.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.
22VAC40-61-80. Electronic records and signatures.
A. Use of electronic records or signatures shall comply with the provisions of the Uniform Electronic Transactions Act (§ 59.1-479 et seq. of the Code of Virginia).
B. In addition to the requirements of the Uniform Electronic Transactions Act, the use of electronic signatures shall be deemed to constitute a signature and have the same effect as a written signature on a document as long as the licensee:
1. Develops and maintains specific policies and procedures for the use of electronic signatures;
2. Ensures that each electronic signature identifies the individual signing the document by name and title;
3. Ensures that the document cannot be altered after the signature has been affixed;
4. Ensures that access to the code or key sequence is limited;
5. Ensures that all users have signed statements that they alone have access to and use the key or computer password for their signature and will not share their key or password with others; and
6. Ensures that strong and substantial evidence exists that would make it difficult for the signer or the receiving party to claim the electronic representation is not valid.
C. A back-up and security system shall be utilized for all electronic documents.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.
22VAC40-61-90. Incident reports.
A. Each center shall report to the regional licensing office within 24 hours of the occurrence of any major incident that has negatively affected or that threatens the life, health, safety, or welfare of any participant.
B. The report required in subsection A of this section shall include (i) the name of the center, (ii) the name of the participant involved in the incident, (iii) the name of the person making the report, (iv) the date of the incident, (v) a description of the incident, and (vi) the actions taken in response to the incident.
C. The center shall submit a written report of each incident specified in subsection A of this section to the regional licensing office within seven days from the date of the incident. The report shall be signed and dated by the director or his designee and include the following information:
1. Name and address of the center;
2. Name of the participant involved in the incident;
3. Date and time of the incident;
4. Description of the incident, the circumstances under which it happened, and when applicable, extent of injury or damage;
5. Location of the incident;
6. Actions taken in response to the incident;
7. The outcome of the incident;
8. Actions to prevent recurrence of the incident if applicable;
9. Name of staff person in charge at the time of the incident;
10. Names, telephone numbers, and addresses of witnesses to the incident if any; and
11. Name, title, and signature of the person making the report, if other than the director or his designee.
D. The center shall submit to the regional licensing office amendments to the written report when circumstances require, such as when substantial additional actions are taken, when significant new information becomes available, or when there is resolution of the incident after the submission of the report.
E. A copy of the written report of each incident shall be maintained by the center for at least two years.
F. All reports pertaining specifically to a participant, such as but not limited to, adult protective services, medical, or police, shall be maintained in the participant's record.
Statutory Authority
§ 63.2-1733 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 3, eff. December 29, 2019.