Section 60. Disclosure

A. The assisted living facility shall prepare and provide a statement to the prospective resident and his legal representative, if any, that discloses information about the facility. The statement shall be on a form developed by the department and shall:

1. Disclose information fully and accurately in plain language;

2. Be provided to the prospective resident and his legal representative at least five days in advance of the planned admission date, and prior to signing an admission agreement or contract;

EXCEPTION: If circumstances are such that resident admission to a facility prevents disclosure of the information at least five days in advance, then the information shall be disclosed at the earliest possible time prior to signing an admission agreement or contract. The circumstances causing the delay shall be documented.

3. Be provided to a resident or his legal representative upon request; and

4. Disclose the following information, which shall be kept current:

a. Name of the facility;

b. Name of the licensee;

c. Names of any other assisted living facilities for which the licensee has a current license issued by the Commonwealth of Virginia;

d. Ownership structure of the facility (i.e., individual, partnership, corporation, limited liability company, unincorporated association or public agency);

e. Name of management company that operates the facility, if other than the licensee;

f. Licensed capacity of the facility and description of the characteristics of the resident population;

g. Description of all accommodations, services, and care that the facility offers;

h. Fees charged for accommodations, services, and care, including clear information about what is included in the base fee and any fees for additional accommodations, services, and care;

i. Policy regarding increases in charges and length of time for advance notice of intent to increase charges;

j. Amount of an advance or deposit payment and refund policy for such payment;

k. Criteria for admission to the facility and any restrictions on admission;

l. Criteria for transfer to a different living area within the same facility, including transfer to another level, gradation, or type of care within the same facility or complex;

m. Criteria for discharge, including the actions, circumstances, or conditions that would result or may result in the resident's discharge from the facility;

n. Requirements or rules regarding resident conduct and other restrictions and special conditions;

o. Range, categories, frequency, and number of activities provided for residents;

p. General number, functions, and qualifications of staff on each shift;

q. Whether or not the facility maintains liability insurance that provides at least the minimum amount of coverage established by the board for disclosure purposes set forth in 22VAC40-72-57 to compensate residents or other individuals for injuries and losses from negligent acts of the facility. The facility shall state in the disclosure statement the minimum amount of coverage established by the board in 22VAC40-72-57;

r. Notification that names of contractors providing essential services to residents are available upon request; and

s. Address of the website of the department, with a note that additional information about the facility may be obtained from the website, including type of license, special services, and compliance history that includes information after July 1, 2003.

B. If a prospective resident is admitted to the facility, written acknowledgment of the receipt of the disclosure by the resident or his legal representative shall be retained in his record.

C. The information required in this section shall also be available to the general public.

Historical Notes

Derived from Volume 23, Issue 06, eff. December 28, 2006; amended, Virginia Register Volume 32, Issue 26, eff. November 15, 2016.

Statutory Authority

§§ 63.2-217 and 63.2-1732 of the Code of Virginia.