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2004 SESSION
043417440Be it enacted by the General Assembly of Virginia:
1. § 1. Certain exception to regulations for assisted living facilities authorized.
Notwithstanding any provision of §§ 63.2-1732 and 63.2-1803 of the Code of
Virginia and of 22 VAC 40-71-700 to the contrary, the provisions of 22 VAC 40-71-700 B 1 and C
14 shall not be applicable to any assisted living facility licensed by the
Department of Social Services when such facility (i) offers a safe, secure
environment in a freestanding self-contained unit for residents who have been
assessed by an independent clinical psychologist or a licensed physician as
having a serious cognitive impairment due to a primary diagnosis of dementia;
(ii) has an individual facility capacity that does not exceed five residents;
(iii) is located in a converted single-family dwelling located in an
established residential neighborhood in any county having a population of no
less than 259,000 and no greater than 263,000; (iv) has at least one direct
care staff member in such facility at all times that residents are present who
shall be responsible for the care and supervision of the residents; (v) has
established written emergency procedures that provide for prompt assistance to
the direct caregiver by other staff members who may be located at locations
other than the facility where the assistance is requested; [ and ] (vi) is
operated by a Virginia limited liability company that operates at least three such facilities with a combined minimum of 15
residents [ ; and (vii) has provided written notice to the resident and his
legally authorized representative at the time of admission that one direct care staff
member rather than two are present at all times ] .