                                 CODE OF VIRGINIA

LIFE-SHARING COMMUNITIES (§ 63.2-1808.1)

A. For the purposes of this section:
			&#8220;Life-sharing community&#8221; means a residential setting, operated by
a nonprofit organization, that (i) offers a safe environment in free standing,
self-contained homes for residents that have been determined by a licensed
health-care professional as having at least one developmental disability; (ii)
is an environment located in a community setting where residents participate in
therapeutic activities including artistic crafts, stewardship of the land, and
agricultural activities; (iii) consists of the residents as well as staff and
volunteers who live together in residential homes; (iv) operates at a ratio of
at least one staff member, volunteer, or supervising personnel for every three
residents in each self-contained home household; and (v) has at least one
supervisory staff member on premises to be responsible for the care, safety, and
supervision of the residents at all times.
			&#8220;Resident&#8221; means an individual who has been determined by a
physician or an advanced practice registered nurse to have at least one
developmental disability and who resides at the life-sharing community on a
full-time basis.
			&#8220;Volunteer&#8221; means an individual who resides in the life-sharing
community on a full-time basis and who assists residents with their daily
activities and receives no wages. A volunteer may receive a small stipend for
personal expenses.

B. Any facility seeking to operate as a life-sharing community shall file with
the Commissioner: (i) a statement of intent to operate as a life-sharing
community; (ii) a certification that at the time of admission, a contract and
written notice was provided to each resident and his legally authorized
representative that includes a statement of disclosure that the facility is
exempt from licensure as an &#8220;assisted living facility,&#8221; and (iii)
documentary evidence that such life-sharing community is a private nonprofit
organization in accordance with 501(c)(3) of the Internal Revenue Code of 1954,
as amended.

C. Upon filing an initial statement of intent to operate as a life-sharing
community, and every two years thereafter, the life-sharing community shall
certify that the local health department, building inspector, fire marshal, or
other local official designated by the locality to enforce the Statewide Fire
Prevention Code, and any other local official required by law to inspect the
premises, have inspected the physical facilities of the life-sharing community
and have determined that the facility is in compliance with all applicable laws
and regulations with regard to food service activities, health and sanitation,
water supply, building codes, and the Statewide Fire Prevention Code and the
Uniform Statewide Building Code.

D. Upon filing an initial statement of intent to operate as a life-sharing
community, and every two years thereafter, the life-sharing community shall
provide the Commissioner documentary evidence that:

   1. Life-sharing community staff and volunteers have completed a training
   program that includes instruction in personal care of residents, house
   management, and therapeutic activities;

   2. Volunteers and staff have completed first aid and Cardio-Pulmonary
   Resuscitation training;

   3. Each resident&#8217;s needs are evaluated using the Uniform Assessment
   Instrument, and Individual Service Plans are developed for each resident
   annually;

   4. The residents of the life-sharing community are each 21 years of age or
   older;

   5. A criminal background check through the Criminal Records Exchange has been
   completed for each (i) full-time salaried staff member and (ii) volunteer as
   defined in this section.

E. A residential facility operating as a life-sharing facility shall be exempt
from the licensing requirements of Article 1 (&#xA7; 63.2-1800 et seq.) of
Chapter 18 of Title 63.2 applicable to assisted living facilities.

F. The Commissioner may perform unannounced on-site inspections of a
life-sharing community to determine compliance with the provisions of this
section and to investigate any complaint that the life-sharing community is not
in compliance with the provisions of this section, or to otherwise ensure the
health, safety, and welfare of the life-sharing community residents. The
Commissioner may revoke the exemption from licensure pursuant to this chapter
for any life-sharing community for serious or repeated violation of the
requirements of this section and order that the facility cease operations or
comply with the licensure requirements of an assisted living facility. If a
life-sharing community does not file the statement and documentary evidence
required by this section, the Commissioner shall give reasonable notice to such
life-sharing community of the nature of its noncompliance and may thereafter
take action as he determines appropriate, including a suit to enjoin the
operation of the life-sharing community.

G. All life-sharing communities shall provide access to their facilities and
residents by staff of community services boards and behavioral health
authorities as defined in &#xA7; 37.2-100 for the purpose of (i) assessing or
evaluating, (ii) providing case management or other services or assistance, or
(iii) monitoring the care of individuals receiving services who are residing in
the facility. Such staff or contractual agents also shall be given reasonable
access to other facility residents who have previously requested their services.

H. Any residents of any life-sharing community shall be accorded the same rights
and responsibilities as residents in assisted living facilities as provided in
subsections A through F of &#xA7; 63.2-1808.

I. A life-sharing community shall not admit or retain individuals with any of
the conditions or care needs as provided in subsection C of &#xA7; 63.2-1805.

J. Notwithstanding &#xA7; 63.2-1805, at the request of the resident, hospice
care may be provided in a life-sharing community under the same requirements for
hospice programs provided in Article 7 (&#xA7; 32.1-162.1 et seq.) of Chapter 5
of Title 32.1 if the hospice program determines that such a program is
appropriate for the resident.

HISTORY: 2007, c. 677; 2012, cc. 476, 507; 2023, c. 183.