HB435: Adult day care centers; exempt from licensure, Programs of All-Inclusive Care for the Elderly.
Be it enacted by the General Assembly of Virginia:
1. That § 63.2-1701 of the Code of Virginia is amended and reenacted as follows:
§ 63.2-1701. Licenses required; issuance, expiration, and renewal; maximum number of residents, participants or children; posting of licenses.
A. Every person who constitutes, or who operates or maintains,
an assisted living facility, adult day care center, or child welfare
agency shall obtain the appropriate license from the Commissioner, which may be
renewed. However, no license shall be required for an adult day care center
that provides services only to individuals enrolled in a Programs of
All-Inclusive Care for the Elderly program operated in accordance with an
agreement between the provider, the Department of Medical Assistance Services
and the Centers for Medicare and Medicaid Services. The Commissioner, upon
request, shall consult with, advise, and assist any person interested in
securing and maintaining any such license. Each application for a license shall
be made to the Commissioner, in such form as he may prescribe. It shall contain
the name and address of the applicant, and, if the applicant is an
association, partnership, limited liability company, or corporation, the
names and addresses of its officers and agents. The application shall also
contain a description of the activities proposed to be engaged in and the
facilities and services to be employed, together with other pertinent
information as the Commissioner may require.
B. The licenses shall be issued on forms prescribed by the Commissioner. Any two or more licenses may be issued for concurrent operation of more than one assisted living facility, adult day care center, or child welfare agency, but each license shall be issued upon a separate form. Each license and renewals thereof for an assisted living facility, adult day care center, or child welfare agency may be issued for periods of up to three successive years, unless sooner revoked or surrendered. Licenses issued to child day centers under this chapter shall have a duration of two years from date of issuance.
C. The length of each license or renewal thereof for an
assisted living facility shall be based on the judgment of the Commissioner
regarding the compliance history of the facility and the extent to which it
meets or exceeds state licensing standards. Based on On the basis of
this judgment, the Commissioner may issue licenses or renewals thereof for
periods of six months, one year, two years, or three years.
D. The Commissioner may extend or shorten the duration of licensure periods for a child welfare agency whenever, in his sole discretion, it is administratively necessary to redistribute the workload for greater efficiency in staff utilization.
E. Each license shall indicate the maximum number of persons who may be cared for in the assisted living facility, adult day care center, or child welfare agency for which it is issued.
F. The license and any other documents required by the Commissioner shall be posted in a conspicuous place on the licensed premises.
G. Every person issued a license that has not been suspended or revoked shall renew such license prior to its expiration.
HOUSE BILL NO. 435
Be it enacted by the General Assembly of Virginia:
1. That § 63.2-1701 of the Code of Virginia is amended and reenacted as follows:
§ 63.2-1701. Licenses required; issuance, expiration, and renewal; maximum number of residents, participants or children; posting of licenses.
A. Every person who constitutes, or who operates or maintains,
an assisted living facility, adult day care center,
or child welfare agency shall obtain the appropriate license from the
Commissioner, which may be renewed. However, no license
shall be required for an adult day care center that provides services
only to individuals
enrolled in a Programs of
All-Inclusive Care for the Elderly program
operated in accordance with an agreement between the provider, the Department of
Medical Assistance Services and the Centers for Medicare and Medicaid Services. The
Commissioner, upon request, shall consult with, advise, and assist any person
interested in securing and maintaining any such license. Each application for a
license shall be made to the Commissioner, in such form as he may prescribe. It
shall contain the name and address of the applicant,
and, if the applicant is an association, partnership, limited liability company, or corporation, the names and
addresses of its officers and agents. The application shall also contain a
description of the activities proposed to be engaged in and the facilities and
services to be employed, together with other pertinent information as the
Commissioner may require.
B. The licenses shall be issued on forms prescribed by the Commissioner. Any two or more licenses may be issued for concurrent operation of more than one assisted living facility, adult day care center, or child welfare agency, but each license shall be issued upon a separate form. Each license and renewals thereof for an assisted living facility, adult day care center, or child welfare agency may be issued for periods of up to three successive years, unless sooner revoked or surrendered. Licenses issued to child day centers under this chapter shall have a duration of two years from date of issuance.
C. The length of each license or renewal thereof for an
assisted living facility shall be based on the judgment of the Commissioner
regarding the compliance history of the facility and the extent to which it
meets or exceeds state licensing standards. Based on On the basis of this judgment,
the Commissioner may issue licenses or renewals thereof for periods of six
months, one year, two years, or three years.
D. The Commissioner may extend or shorten the duration of licensure periods for a child welfare agency whenever, in his sole discretion, it is administratively necessary to redistribute the workload for greater efficiency in staff utilization.
E. Each license shall indicate the maximum number of persons who may be cared for in the assisted living facility, adult day care center, or child welfare agency for which it is issued.
F. The license and any other documents required by the Commissioner shall be posted in a conspicuous place on the licensed premises.
G. Every person issued a license that has not been suspended or revoked shall renew such license prior to its expiration.