                                 CODE OF VIRGINIA

ESTABLISHMENT OF TOLL-FREE TELEPHONE LINE FOR COMPLAINTS; INVESTIGATION ON
RECEIPT OF COMPLAINTS (§ 63.2-1728)

With such funds as are appropriated for this purpose, the Commissioner shall
establish a toll-free telephone line to respond to complaints regarding
operations of assisted living facilities, adult day centers and child welfare
agencies. Upon receipt of a complaint concerning the operation of an assisted
living facility, adult day center or child welfare agency, regardless of whether
the program is subject to licensure, the Commissioner 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 assisted
living facility, adult day center or child welfare agency shall afford the
Commissioner reasonable opportunity to inspect all of the operator&#8217;s
activities, services, records and facilities and to interview its agents and
employees and any child or other person within its custody or control. Whenever
an assisted living facility, adult day center or child welfare agency subject to
inspection under this section is determined by the Commissioner to be in
noncompliance with the provisions of this subtitle or with regulations adopted
pursuant to this subtitle, the Commissioner shall give reasonable notice to the
assisted living facility, adult day center or child welfare agency of the nature
of its noncompliance and may thereafter take appropriate action as provided by
law, including a suit to enjoin the operation of the assisted living facility,
adult day center or child welfare agency.
		An incident report filed by an assisted living facility, pursuant to
regulations adopted by the Board, 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 Department on a website maintained by the Department.
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 assisted living facility, the Commissioner may initiate an
investigation including an on-site visit to the facility if the Commissioner
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 assisted living facility.

HISTORY: 1993, cc. 730, 742, § 63.1-198.03; 2002, c. 747; 2010, c. 603; 2024,
cc. 37, 150.