63.2-1808.1 - Life-sharing communities.
§ 63.2-1808.1. Life-sharing communities.
A. For the purposes of this section:
"Life-sharing community" is defined as a residential setting, operated by anon-profit organization, that (i) offers a safe environment in free standing,self-contained homes for residents that have been determined by a licensedhealth-care professional as having at least one developmental disability;(ii) is an environment located in a community setting where residentsparticipate in therapeutic activities including artistic crafts, stewardshipof the land, and agricultural activities; (iii) consists of the residents aswell as staff and volunteers who live together in residential homes; (iv)operates at a ratio of at least one staff member, volunteer, or supervisingpersonnel for every three residents in each self-contained home household;and (v) has at least one supervisory staff member on premises to beresponsible for the care, safety, and supervision of the residents at alltimes.
"Resident" means an individual who has been determined by a physician ornurse practitioner to have at least one developmental disability and whoresides at the life-sharing community on a full-time basis.
"Volunteer" means an individual who resides in the life-sharing communityon a full-time basis and who assists residents with their daily activitiesand receives no wages. A volunteer may receive a small stipend for personalexpenses.
B. Any facility seeking to operate as a life-sharing community shall filewith the Commissioner: (i) a statement of intent to operate as a life-sharingcommunity; (ii) a certification that at the time of admission, a contract andwritten notice was provided to each resident and his legally authorizedrepresentative that includes a statement of disclosure that the facility isexempt from licensure as an "assisted living facility," and (iii)documentary evidence that such life-sharing community is a private non-profitorganization in accordance with 501(c)(3) of the Internal Revenue Code of1954, as amended.
C. Upon filing an initial statement of intent to operate as a life-sharingcommunity, and every two years thereafter, the life-sharing community shallcertify that the local health department, building inspector, fire marshal,or other local official designated by the locality to enforce the StatewideFire Prevention Code, and any other local official required by law to inspectthe premises, have inspected the physical facilities of the life-sharingcommunity and have determined that the facility is in compliance with allapplicable laws and regulations with regard to food service activities,health and sanitation, water supply, building codes, and the Statewide FirePrevention Code and the Uniform Statewide Building Code.
D. Upon filing an initial statement of intent to operate as a life-sharingcommunity, and every two years thereafter, the life-sharing community shallprovide the Commissioner documentary evidence that:
1. Life-sharing community staff and volunteers have completed a trainingprogram that includes instruction in personal care of residents, housemanagement, and therapeutic activities;
2. Volunteers and staff have completed first aid and Cardio-PulmonaryResuscitation training;
3. Each resident's needs are evaluated using the Uniform AssessmentInstrument, and Individual Service Plans are developed for each residentannually;
4. The residents of the life-sharing community are each 21 years of age orolder;
5. A criminal background check through the Criminal Records Exchange has beencompleted for each (i) full-time salaried staff member and (ii) volunteer asdefined in this section.
E. A residential facility operating as a life-sharing facility shall beexempt from the licensing requirements of Article 1 (§ 63.2-1800 et seq.) ofChapter 18 of Title 63.2 applicable to assisted living facilities.
F. The Commissioner may perform unannounced on-site inspections of alife-sharing community to determine compliance with the provisions of thissection and to investigate any complaint that the life-sharing community isnot in compliance with the provisions of this section, or to otherwise ensurethe health, safety, and welfare of the life-sharing community residents. TheCommissioner may revoke the exemption from licensure pursuant to this chapterfor any life-sharing community for serious or repeated violation of therequirements of this section and order that the facility cease operations orcomply with the licensure requirements of an assisted living facility. If alife-sharing community does not file the statement and documentary evidencerequired by this section, the Commissioner shall give reasonable notice tosuch life-sharing community of the nature of its noncompliance and maythereafter take action as he determines appropriate, including a suit toenjoin the operation of the life-sharing community.
G. All life-sharing communities shall provide access to their facilities andresidents by staff of community services boards and behavioral healthauthorities as defined in § 37.2-100 for the purpose of (i) assessing orevaluating, (ii) providing case management or other services or assistance,or (iii) monitoring the care of consumers residing in the facility. Suchstaff or contractual agents also shall be given reasonable access to otherfacility residents who have previously requested their services.
H. Any residents of any life-sharing community shall be accorded the samerights and responsibilities as residents in assisted living facilities asprovided in subsections A through F of § 63.2-1808.
I. A life-sharing community shall not admit or retain individuals with any ofthe conditions or care needs as provided in subsection C of § 63.2-1805.
J. Notwithstanding § 63.2-1805, at the request of the resident, hospice caremay be provided in a life-sharing community under the same requirements forhospice programs provided in Article 7 (§ 32.1-162.1 et seq.) of Chapter 5 ofTitle 32.1 if the hospice program determines that such a program isappropriate for the resident.
(2007, c. 677.)