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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 22. Social Services |
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Agency 40. Department of Social Services |
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Chapter 72. Standards for Licensed Assisted Living Facilities |
Section 220. Shared administrator for smaller facilities
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A. For facilities licensed for residential living care only, the administrator may be awake and on duty on the premises of a facility for fewer than the minimum 40 hours per week, without a designated assistant, under the following conditions:
1. The administrator shall serve no more than four facilities.
2. The combined total licensed capacity of the facilities served by the administrator shall be 40 or fewer residents.
3. The administrator shall be awake and on duty on the premises of each facility served for at least 10 hours a week.
4. The administrator shall serve as a full-time administrator, i.e., shall be awake and on duty on the premises of all facilities served for a combined total of at least 40 hours a week.
5. Each of the facilities served shall be within a 30-minute average one way travel time of the other facilities.
6. When not present at a facility, the administrator shall be on call to that facility during the hours he is working as an administrator and shall maintain such accessibility through suitable communication devices.
7. A designated assistant may act in place of the administrator during the required minimum of 40 hours only if the administrator is ill or on vacation and for a period of time that shall not exceed four consecutive weeks. The designated assistant shall meet the qualifications of the administrator.
8. Each of the facilities served shall have a manager, designated and supervised by the administrator. The manager shall be awake and on duty on the premises of the facility for the remaining part of the 40 required hours per week when the administrator or designated assistant as permitted in subdivision 7 of this subsection is not present at the facility. The manager shall meet the following qualifications and requirements:
a. The manager shall be at least 21 years of age.
b. The manager shall be able to read and write, and understand this chapter.
c. The manager shall be able to perform the duties and to carry out the responsibilities of his position.
d. The manager shall:
(1) Be a high school graduate or shall have a General Education Development (GED) Certificate;
(2) Have successfully completed (i) at least 30 credit hours of postsecondary education from a college or university accredited by an association recognized by the U.S. Secretary of Education or (ii) a department-approved course of 40 or fewer hours specific to the management of an assisted living facility; and
(3) Have at least one year of administrative or supervisory experience in caring for adults in a group care facility.
EXCEPTION: A licensed nurse who meets the experience requirements in subdivision (3) of this subdivision d.
e. The manager shall not be a resident of the facility.
9. The manager shall complete the training specified in 22VAC40-72-50 D within two months of employment as manager. The training may be counted toward the annual training requirement for the first year.
10. The manager shall attend at least 16 hours of training related to management or operation of a residential facility for adults or relevant to the population in care within each 12-month period. When adults with mental impairments reside in the facility, at least four of the required 16 hours of training shall focus on topics related to residents' mental impairments. Documentation of attendance shall be retained at the facility and shall include title of course, name of the entity that provided the training, date and number of hours.
11. There shall be a written management plan for each facility that includes written policies and procedures that describe how the administrator shall oversee the care and supervision of the residents and the day-to-day operation of the facility.
12. The minimum of 40 hours per week required for the administrator or manager to be awake and on duty on the premises of a facility shall include at least 24 hours during the day shift on week days.
EXCEPTION: If the administrator is licensed as an assisted living facility administrator or nursing home administrator by the Board of Long-Term Care Administrators, the provisions in subsection B of this section apply rather than subsection A of this section.
B. For facilities licensed for both residential and assisted living care, the administrator, as the on-site agent of the licensee or licensees, may be responsible for the day-to-day administration and management of multiple facilities under the following conditions:
1. The administrator shall serve no more than four facilities.
2. The combined total licensed capacity of the facilities served by the administrator shall be 40 or fewer residents.
3. The administrator shall serve on a full-time basis, proportioning his time among all the facilities served in order to ensure that he provides sufficient administrative and management functions to each facility.
4. Each of the facilities served shall be within a 30-minute average one way travel time of the other facilities.
5. When not present at a facility, the administrator shall be on call to that facility during the hours he is working as an administrator and shall maintain such accessibility through suitable communication devices.
6. Each of the facilities served shall have a manager, designated and supervised by the administrator, to assist the administrator in overseeing the care and supervision of the residents and the day-to-day operation of the facility. The majority of the time, the administrator and the manager shall be present at a facility at different times to ensure appropriate oversight of the facility. The manager shall meet the qualifications and requirements specified in subdivisions A 8 through 11 of this section.
7. There shall be a written management plan for each facility that includes written policies and procedures that describe how the administrator shall oversee the care and supervision of the residents and the day-to-day operation of the facility.
C. This section shall not apply to an administrator who serves both an assisted living facility and a nursing home as provided for in 22VAC40-72-230.
Historical Notes
Derived from Volume 23, Issue 06, eff. December 28, 2006; amended, Virginia Register Volume 25, Issue 08, eff. February 5, 2009.