Nursing home and assisted living laws govern the operation, safety standards, licensing, discharge procedures, and quality of care provided in these facilities. It is important to be aware of the rights and legal framework in place to advocate for proper care and support in these settings.

LSNV’s Elder Law Practice Group provides a variety of services for clients who are 60 years of age and older, and, in limited circumstances, clients under 60 years of age. We provide various legal materials and conduct regular workshops at senior centers and senior living complexes to help advise seniors about their legal rights. Issues we may offer assistance with, ranging from brief telephone advice to in-court representation, are:

Involuntary discharges | Transfers to other facilities | Refusal to readmit to facility after hospitalizations | Denial of services

Nursing Homes:

In Virginia, nursing homes are regulated by the Virginia Department of Health and by the Federal Centers for Medicare and Medicaid Services (CMS).

• Complaints: Each nursing home must have a Grievance Official and is required to post information on their grievance procedures.
  • An ombudsman may be able to help resolve issues between residents and the facility:find your local ombudsman here
• Involuntary Discharge or Transfer: Under federal law, there are only six narrow reasons for involuntary discharge, but many times facilities evict based on invalid reasons such as being “difficult,” needing one-on-one attention, switching from Medicare to Medicaid payment, or not complying with treatment plans.
  • Notices: generally, a nursing home cannot discharge you without providing a 30 days’ notice and an opportunity for a hearing.
• Readmittance After Hospitalization: A right to return applies to all residents who want to return under Medicare and/or Medicaid reimbursement. Residents can generally return under either a right to return or a bed hold.
  • Notices: facilities are required to provide notice of their facilities bed-hold and readmittance policy prior to and at the time of transfer.

Additional Resources: 25 Common Nursing Home Problems – and How to Resolve Them

Assisted Living:

Assisted living facilities in Virginia are regulated by the Virginia Department of Social Services (DSS) under the Assisted Living Facility (ALF) Licensing Regulations. It is important to know your rights at an assisted living facility. You can find them here: Rights and Responsibilities of Residents of Assisted Living Facilities

• Complaints: you can file a complaint online with DSS using their Online Complaint Form
  • An ombudsman may be able to help resolve issues between residents and the facility:find your local ombudsman here
• Involuntary Discharge or Transfer: In Virginia, a 14 days’ notice is required before a facility can discharge a resident, unless there is an emergency. At the time of discharge, the facility must provide a discharge statement.
• Auxiliary Grants: An Auxiliary Grant (AG) is a monthly income supplement for aged, blind, or disabled individuals who receive Supplemental Security Income (SSI) or who reside in a licensed assisted living facility (ALF), an approved adult foster care (AFC) home, or a certified supportive housing setting. Not all ALFs accept AG payments.