                                 CODE OF VIRGINIA

RIGHTS AND RESPONSIBILITIES OF RESIDENTS OF ASSISTED LIVING FACILITIES;
CERTIFICATION OF LICENSURE (§ 63.2-1808)

A. Any resident of an assisted living facility has the rights and
responsibilities enumerated in this section. The operator or administrator of an
assisted living facility shall establish written policies and procedures to
ensure that, at the minimum, each person who becomes a resident of the assisted
living facility:

   1. Is fully informed, prior to or at the time of admission and during the
   resident&#8217;s stay, of his rights and of all rules and expectations
   governing the resident&#8217;s conduct, responsibilities, and the terms of the
   admission agreement; evidence of this shall be the resident&#8217;s written
   acknowledgment of having been so informed, which shall be filed in his record;

   2. Is fully informed, prior to or at the time of admission and during the
   resident&#8217;s stay, of services available in the facility and of any
   related charges; this shall be reflected by the resident&#8217;s signature on
   a current resident&#8217;s agreement retained in the resident&#8217;s file;

   3. Unless a committee or conservator has been appointed, is free to manage his
   personal finances and funds regardless of source; is entitled to access to
   personal account statements reflecting financial transactions made on his
   behalf by the facility; and is given at least a quarterly accounting of
   financial transactions made on his behalf when a written delegation of
   responsibility to manage his financial affairs is made to the facility for any
   period of time in conformance with state law;

   4. Is afforded confidential treatment of his personal affairs and records and
   may approve or refuse their release to any individual outside the facility
   except as otherwise provided in law and except in case of his transfer to
   another care-giving facility;

   5. Is transferred or discharged only when provided with a statement of
   reasons, or for nonpayment for his stay, and is given reasonable advance
   notice; upon notice of discharge or upon giving reasonable advance notice of
   his desire to move, shall be afforded reasonable assistance to ensure an
   orderly transfer or discharge; such actions shall be documented in his record;

   6. In the event a medical condition should arise while he is residing in the
   facility, is afforded the opportunity to participate in the planning of his
   program of care and medical treatment at the facility and the right to refuse
   treatment;

   7. Is not required to perform services for the facility except as voluntarily
   contracted pursuant to a voluntary agreement for services that states the
   terms of consideration or remuneration and is documented in writing and
   retained in his record;

   8. Is free to select health care services from reasonably available resources;

   9. Is free to refuse to participate in human subject experimentation or to be
   party to research in which his identity may be ascertained;

   10. Is free from mental, emotional, physical, sexual, and economic abuse or
   exploitation; is free from forced isolation, threats or other degrading or
   demeaning acts against him; and his known needs are not neglected or ignored
   by personnel of the facility;

   11. Is treated with courtesy, respect, and consideration as a person of worth,
   sensitivity, and dignity;

   12. Is encouraged, and informed of appropriate means as necessary, throughout
   the period of stay to exercise his rights as a resident and as a citizen; to
   this end, he is free to voice grievances and recommend changes in policies and
   services, free of coercion, discrimination, threats or reprisal;

   13. Is permitted to retain and use his personal clothing and possessions as
   space permits unless to do so would infringe upon rights of other residents;

   14. Is encouraged to function at his highest mental, emotional, physical and
   social potential;

   15. Is free of physical or mechanical restraint except in the following
   situations and with appropriate safeguards:
   				a. As necessary for the facility to respond to unmanageable behavior in an
   emergency situation, which threatens the immediate safety of the resident or
   others;
   				b. As medically necessary, as authorized in writing by a physician, to
   provide physical support to a weakened resident;

   16. Is free of prescription drugs except where medically necessary,
   specifically prescribed, and supervised by the attending physician, physician
   assistant, or advanced practice registered nurse;

   17. Is accorded respect for ordinary privacy in every aspect of daily living,
   including but not limited to the following:
   				a. In the care of his personal needs except as assistance may be needed;
   				b. In any medical examination or health-related consultations the resident
   may have at the facility;
   				c. In communications, in writing or by telephone;
   				d. During visitations with other persons;
   				e. In the resident&#8217;s room or portion thereof; residents shall be
   permitted to have guests or other residents in their rooms unless to do so
   would infringe upon the rights of other residents; staff may not enter a
   resident&#8217;s room without making their presence known except in an
   emergency or in accordance with safety oversight requirements included in
   regulations of the Board;
   				f. In visits with his spouse; if both are residents of the facility they
   are permitted but not required to share a room unless otherwise provided in
   the residents&#8217; agreements;

   18. Is permitted to meet with and participate in activities of social,
   religious, and community groups at his discretion unless medically
   contraindicated as documented by his physician, physician assistant, or
   advanced practice registered nurse in his medical record;

   19. Is fully informed, as evidenced by the written acknowledgment of the
   resident or his legal representative, prior to or at the time of admission and
   during his stay, that he should exercise whatever due diligence he deems
   necessary with respect to information on any sex offenders registered pursuant
   to Chapter 9 (&#xA7; 9.1-900 et seq.) of Title 9.1, including how to obtain
   such information. Upon request, the assisted living facility shall assist the
   resident, prospective resident, or the legal representative of the resident or
   prospective resident in accessing this information and provide the resident,
   prospective resident, or the legal representative of the resident or
   prospective resident with printed copies of the requested information; and

   20. Is informed, in writing and upon request, of whether the assisted living
   facility maintains the minimum liability coverage, as established by the Board
   pursuant to subdivision A 10 of &#xA7; 63.2-1805.

B. If the resident is unable to fully understand and exercise the rights and
responsibilities contained in this section, the facility shall require that a
responsible individual, of the resident&#8217;s choice when possible, designated
in writing in the resident&#8217;s record, be made aware of each item in this
section and the decisions that affect the resident or relate to specific items
in this section; a resident shall be assumed capable of understanding and
exercising these rights unless a physician determines otherwise and documents
the reasons for such determination in the resident&#8217;s record.

C. The rights and responsibilities of residents shall be printed in at least
12-point type and posted conspicuously in a public place in all assisted living
facilities. The facility shall also post the name and telephone number of the
regional licensing supervisor of the Department, the Adult Protective
Services&#8217; toll-free telephone number, as well as the toll-free telephone
number for the Virginia Long-Term Care Ombudsman Program, any sub-state
ombudsman program serving the area, and the toll-free number of the
Commonwealth&#8217;s designated protection and advocacy system.

D. The facility shall make its policies and procedures for implementing this
section available and accessible to residents, relatives, agencies, and the
general public.

E. The provisions of this section shall not be construed to restrict or abridge
any right that any resident has under law.

F. Each facility shall provide appropriate staff training to implement each
resident&#8217;s rights included in this section.

G. The Board shall adopt regulations as necessary to carry out the full intent
of this section.

H. It shall be the responsibility of the Commissioner to ensure that the
provisions of this section are observed and implemented by assisted living
facilities as a condition to the issuance, renewal, or continuation of the
license required by this article.

HISTORY: 1984, c. 677, § 63.1-182.1; 1989, c. 271; 1990, c. 458; 1992, c. 356;
1993, cc. 957, 993; 1997, c. 801; 2000, c. 177; 2002, cc. 45, 572, 747; 2004, c.
855; 2006, c. 396; 2007, cc. 120, 163; 2013, cc. 320, 571; 2023, c. 183.