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2023 SESSION
Regular Calendar
Senate Bills on Third Reading
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S.B. 1221.
A BILL to amend and reenact § 63.2-1805 of the Code of
Virginia, relating to assisted living facilities; minimum liability insurance. 23102141D
- 02/06/23 Senate: Printed as engrossed 23102141D-E
- 01/10/23 Senate: Prefiled and ordered printed; offered 01/11/23 23102141D
Patrons--Obenshain, Mason and Surovell
Reported from Committee on Rehabilitation and Social Services with amendments (13-Y 0-N 1-A)
YEAS--Favola, Hanger, Locke, McDougle, Cosgrove, Surovell, DeSteph, McPike, Spruill, Mason, Boysko, Pillion, Rouse--13.
NAYS--0.
ABSTENTIONS--Reeves--1.
Committee amendments adopted by Senate February 6, 2023
Floor amendment adopted by Senate
February 6, 2023
AMENDMENT(S) PROPOSED BY THE SENATE REHABILITATION AND SOCIAL SERVICES
REHABILITATION AND SOCIAL SERVICES
SEN. SUROVELL
1. Line 84, introduced, after
9
insert
. In establishing such minimum amount of liability insurance,
the Board shall consider the number of residents for which an assisted living
facility is licensed and establish a minimum amount of liability insurance for
the following tiers: Tier I, which shall govern assisted living facilities with
no more than 25 residents; Tier II, which shall govern assisted living
facilities with more than 25 residents but no more than 75 residents; Tier III,
which shall govern assisted living facilities with more than 75 residents but
no more than 150 residents; and Tier IV, which shall govern assisted living
facilities with more than 150 residents
2. After line 154, introduced
insert
2. That the Board of Social Services (the Board) shall
promulgate regulations to implement the provisions of this act to be effective
within 280 days of its enactment. Assisted living facilities shall be exempt
from the provisions of this act and regulations promulgated pursuant thereto
until 180 days have passed following the effective date of the regulations
promulgated by the Board pursuant to this enactment.
1. After line 154, introduced
insert
G. No assisted living facility shall be immune from civil
liability on the grounds that it is a charitable institution for damages equal
to or less than the greater of (i) the limits of the liability insurance
coverage maintained by the assisted living facility or (ii) the minimum amount
of liability insurance coverage that the assisted living facility is required
to maintain by Board regulations promulgated pursuant to subdivision A 10.