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2013 SESSION

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13100521D
HOUSE BILL NO. 1443 Offered January 9, 2013 Prefiled December 24, 2012 A BILL to amend and reenact § 63.2-1702 of the Code of Virginia, relating to application for license to operate an assisted living facility or adult day care center; exempt from requirement of submission of certain financial information. ---------- Patron-- O'Bannon ---------- Referred to Committee on Health, Welfare and Institutions ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 63.2-1702 of the Code of Virginia is amended and reenacted as follows:

§ 63.2-1702. Investigation on receipt of application.

Upon receipt of the application the Commissioner shall cause an investigation to be made of the activities, services, and facilities of the applicant, of the applicant's financial responsibility, and of his character and reputation or, if the applicant is an association, partnership, limited liability company, or corporation, of the character and reputation of its officers and agents. In the case of child welfare agencies, assisted living facilities, and adult day care centers, the financial records of an applicant shall not be subject to inspection if the applicant submits (i) a current balance sheet and income statement accompanied by a letter from a certified public accountant certifying the accuracy thereof and (ii) three credit references in the case of child welfare agencies or at least one credit reference in the case of assisted living facilities and adult day care centers. In the case of child welfare agencies and assisted living facilities, the character and reputation investigation upon application shall include background checks pursuant to § 63.2-1721; however, a children's residential facility shall comply with the background check requirements contained in § 63.2-1726. Records that contain confidential proprietary information furnished to the Department pursuant to this section shall be exempt from disclosure under the provisions of the Freedom of Information Act (§ 2.2-3700 et seq.).