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1999 SESSION

993440828
SENATE BILL NO. 1173
Offered January 21, 1999
A BILL to amend and reenact § 63.1-175 of the Code of Virginia, relating to adult care residences.
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Patrons-- Woods, Bolling, Gartlan, Lambert, Martin, Schrock and Walker; Delegates: Brink, Davies, Diamonstein, Hall, Hamilton, Melvin and Morgan
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Referred to Committee on Rehabilitation and Social Services
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Be it enacted by the General Assembly of Virginia:

1. That § 63.1-175 of the Code of Virginia is amended and reenacted as follows:

§ 63.1-175. Licenses required; expiration and renewal; maximum number of residents; restrictions on nomenclature.

A. Every person who constitutes, or who operates or maintains, an adult care residence shall obtain the appropriate license from the Commissioner, which may be renewed. The Commissioner or his designated agents, upon request, shall consult with, advise, and assist any person interested in securing and maintaining any such license.

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 adult care residence. Each license and renewals thereof may be issued for periods of up to three successive years, unless sooner revoked or surrendered.

C. Each license shall indicate whether the residence is licensed to provide residential living or residential living and assisted living and shall stipulate the maximum number of persons who may be cared for in the adult care residence for which it is issued.

D. Any facility licensed exclusively as an adult care residence shall not use in its title the words "convalescent," "health," "hospital," "nursing," "sanatorium," or "sanitarium," nor shall such words be used to describe the facility in brochures, advertising, or other marketing material. No facility shall advertise or market a level of care which it is not licensed to provide. Nothing in this subsection shall prohibit the facility from describing services available in the facility.

E. The Commissioner shall issue a license to any adult care residence that is accredited by the Joint Commission on the Accreditation of Health Care Organizations or the Continuing Care Accreditation Commission. For any adult care residence licensed pursuant to this subsection, the Commissioner shall retain the authority to inspect the adult care residence at the Commissioner’s discretion, and to impose an administrative sanction in accordance with § 63.1-179.1 when the Commissioner determines such action is necessary to protect the health and safety of residents of the adult care residence.

2. That the Board of Social Services shall promulgate regulations to carry out the purposes of this act within 280 days of enactment. Such regulations shall include, but not be limited to, provisions for patient rights and public access to accreditation information.