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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>68254</law_id><section_number>63.2-1728</section_number><catch_line>Establishment of toll-free telephone line for complaints; investigation on receipt of complaints</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>63.2-1718</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="63.2">Welfare (Social Services)</unit><unit label="subtitle" level="2" order_by="1" identifier="IV">Licensure</unit><unit label="chapter" level="3" order_by="1" identifier="17">Licensure and Registration Procedures</unit><unit label="article" level="4" order_by="1" identifier="4">Complaints Received from Consumers and the Public</unit></structure><text>
						<section><p>With such funds as are appropriated for this purpose, the <span class="dictionary">Commissioner</span> shall establish a toll-free telephone line to respond to complaints regarding operations of assisted living facilities, <span class="dictionary">adult day centers</span> and <span class="dictionary">child</span> welfare agencies. Upon receipt of a complaint concerning the operation of an <span class="dictionary">assisted living facility</span>, <span class="dictionary">adult day center</span> or <span class="dictionary">child</span> welfare agency, regardless of whether the program is subject to licensure, the <span class="dictionary">Commissioner</span> shall, for good cause shown, cause an investigation to be made, including on-site visits as he deems necessary, of the activities, services, records and facilities. The <span class="dictionary">assisted living facility</span>, <span class="dictionary">adult day center</span> or <span class="dictionary">child</span> welfare agency shall afford the <span class="dictionary">Commissioner</span> reasonable opportunity to inspect all of the operator&#x2019;s activities, services, records and facilities and to interview its agents and employees and any <span class="dictionary">child</span> or other person within its <span class="dictionary">custody</span> or control. Whenever an <span class="dictionary">assisted living facility</span>, <span class="dictionary">adult day center</span> or <span class="dictionary">child</span> welfare agency subject to inspection under this section is determined by the <span class="dictionary">Commissioner</span> to be in noncompliance with the provisions of this subtitle or with regulations adopted pursuant to this subtitle, the <span class="dictionary">Commissioner</span> shall give reasonable notice to the <span class="dictionary">assisted living facility</span>, <span class="dictionary">adult day center</span> or <span class="dictionary">child</span> welfare agency of the nature of its noncompliance and may thereafter take appropriate action as provided by <span class="dictionary">law</span>, including a suit to enjoin the operation of the <span class="dictionary">assisted living facility</span>, <span class="dictionary">adult day center</span> or <span class="dictionary">child</span> welfare agency.
		An incident report filed by an <span class="dictionary">assisted living facility</span>, pursuant to regulations adopted by the <span class="dictionary">Board</span>, for any major incident that negatively affects or threatens the life, health, safety, or welfare of any resident of the facility shall not be considered a complaint for purposes of this section and shall not be posted by the <span class="dictionary">Department</span> on a website maintained by the <span class="dictionary">Department</span>. However, upon receipt of an incident report for any major incident that negatively affects or threatens the life, health, safety, or welfare of any resident of an <span class="dictionary">assisted living facility</span>, the <span class="dictionary">Commissioner</span> may initiate an investigation including an on-site visit to the facility if the <span class="dictionary">Commissioner</span> finds, for good cause shown based upon the seriousness of the incident and the nature of any response to the incident, including any implementation of a plan of correction to address the situation giving rise to the incident, that an investigation is required to protect the life, health, safety, or welfare of a resident of the <span class="dictionary">assisted living facility</span>.</p></section></text><history>1993, cc. 730, 742, &#xA7; 63.1-198.03; 2002, c. 747; 2010, c. 603; 2024, cc. 37, 150.</history><metadata></metadata></law>
