63.2-1728 - Establishment of toll-free telephone line for complaints; investigation on receipt of complaints.
§ 63.2-1728. Establishment of toll-free telephone line for complaints;investigation on receipt of complaints.
With such funds as are appropriated for this purpose, the Commissioner shallestablish a toll-free telephone line to respond to complaints regardingoperations of assisted living facilities, adult day care centers and childwelfare agencies. Upon receipt of a complaint concerning the operation of anassisted living facility, adult day care center or child welfare agency,regardless of whether the program is subject to licensure, the Commissionershall, for good cause shown, cause an investigation to be made, includingon-site visits as he deems necessary, of the activities, services, recordsand facilities. The assisted living facility, adult day care center or childwelfare agency shall afford the Commissioner reasonable opportunity toinspect all of the operator's activities, services, records and facilitiesand to interview its agents and employees and any child or other personwithin its custody or control. Whenever an assisted living facility, adultday care center or child welfare agency subject to inspection under thissection is determined by the Commissioner to be in noncompliance with theprovisions of this subtitle or with regulations adopted pursuant to thissubtitle, the Commissioner shall give reasonable notice to the assistedliving facility, adult day care center or child welfare agency of the natureof its noncompliance and may thereafter take appropriate action as providedby law, including a suit to enjoin the operation of the assisted livingfacility, adult day care center or child welfare agency.
An incident report filed by an assisted living facility, pursuant toregulations adopted by the Board, for any major incident that negativelyaffects or threatens the life, health, safety, or welfare of any resident ofthe facility shall not be considered a complaint for purposes of this sectionand shall not be posted by the Department on a website maintained by theDepartment. However, upon receipt of an incident report for any majorincident that negatively affects or threatens the life, health, safety, orwelfare of any resident of an assisted living facility, the Commissioner mayinitiate an investigation including an on-site visit to the facility if theCommissioner finds, for good cause shown based upon the seriousness of theincident and the nature of any response to the incident, including anyimplementation of a plan of correction to address the situation giving riseto the incident, that an investigation is required to protect the life,health, safety, or welfare of a resident of the assisted living facility.
(1993, cc. 730, 742, § 63.1-198.03; 2002, c. 747; 2010, c. 603.)