Social Services, Department of; appointment of receiver for assisted living facilities.
SB1153 amends Virginia law governing enforcement actions against assisted living facilities, with a focus on emergency intervention when residents face an imminent and substantial risk of harm. The bill expands and clarifies the Department of Social Services Commissioner’s authority to require an assisted living facility to contract with an interim administrator, to seek receivership, and to revoke, deny, or summarily suspend a license when conditions threaten resident health, safety, or welfare. It also allows the Commissioner to restrict or modify only certain services or functions of a facility, rather than necessarily shutting down the entire operation, if that is sufficient to protect residents.
The bill sets out detailed procedures for summary suspension and receivership, including notice, expedited hearings, judicial review, posting of notices at facility entrances, and timelines for administrative and court action. It authorizes the court to appoint a receiver when a facility has been notified of denial, revocation, or suspension, or is operating under a major and continuing threat and cannot promptly relocate residents. The receiver may manage operations, hire and discharge employees, handle funds, and arrange resident relocation, while the owner remains responsible for costs and retains liability for prior acts or omissions. The act is declared an emergency measure, making it effective upon passage.
The bill amends and reenacts Code of Virginia § 63.2-1709, strengthening the Department of Social Services’ enforcement toolkit for assisted living facilities and adult day centers. It affects facility owners, operators, residents, administrators, the courts, and state agencies involved in inspections, enforcement, and resident relocation. The measure also reinforces the legal framework for interim administration, summary suspension, and receivership, while preserving administrative appeal rights and judicial review under the Administrative Process Act.
The bill appears to have broad bipartisan support and a generally favorable reception, as reflected by unanimous or near-unanimous votes in committee and on the floor in both chambers, including concurrence in the Governor’s recommendation. The voting history suggests consensus that the state should have stronger emergency tools to protect vulnerable residents in assisted living settings. No opposing votes are recorded in the provided history.
No major contention is evident in the available record, and no committee transcript excerpts were provided. The main policy issue implicit in the bill is balancing resident protection against facility due process and operational control: the bill gives the Commissioner significant emergency authority, but it also preserves hearing rights, judicial review, and limits on receivership duration. Another potential point of concern is cost allocation, because interim administration and receivership expenses are charged to facility owners or paid from resident fees, which could affect operators and residents financially.