Assisted Living Facilities

Consumer's Guide 

INTRODUCTION 
Assisted Living facilities, as they have evolved in the last years, serve individuals who cannot function in an independent living environment but are not so ill that they need the services of a nursing center (nursing homes). Unlike nursing centers, assisted living providers offer a wide variety of lifestyle choices, ranging from ordinary household settings to large complexes offering numerous amenities. 

Choosing a facility that is right for you or a particular individual is not an easy task. Beyond the physical layout of the facility, and evaluating the services and level of care provided, understanding the admissions contract or agreement is a daunting exercise in itself. Recognizing the problems that consumers have when reviewing such agreements, Legal Services of Northern Virginia in conjunction with the Arlington County Bar Association Committee on the Legal Problems of the Elderly has designed this booklet to assist individuals and families in reviewing an assisted living admission contract, before they sign the agreement. 

There are of course many issues to examine when reviewing an assisted living facility. The extent to which it provides or does not provide personal care, or health care is an important issue. Safety and specific services such as transportation and social activities must be reviewed and understood. The Consumer Consortium on Assisted Living publishes a checklist for consumers on all these issues. (See Where to Get Additional Help, below) This brochure concentrates on the admissions contract itself. Given all the concerns when an individual or family thinks about when selecting a facility, attention to contractual concerns is the last item one thinks about at such a time. But this subject cannot be ignored. 

Legal Services of Northern Virginia and the Arlington County Bar Association Committee on the Legal Problems of the Elderly wants you to know that there is help in the community to assist individuals and families in interpreting and evaluating assisted living contracts. Additional resources are provided at the end of this booklet. Reading this booklet is an important first step. 

WHAT IS ASSISTED LIVING IN VIRGINIA 
In years past, Virginia licensed adult homes as 'adult care residences', which included a variety of care facilities. In recent years, as providers invested resources to design facilities that would provide greater care and amenities to a growing elderly population, Virginia created special regulations for any facility (whether public or private) that cared for four or more adults who were aged, infirm or disabled and who were cared for in a residential setting. The 'adult care residences' label proved confusing and such facilities are now simply called 'Assisted Living Facilities'. These facilities are further defined as providing or coordinating personal and health care services with 24-hour assistance. 

Virginia licenses such facilities with two levels of care. First, "Residential Care" provides for a minimal amount of life style support. The term "Assisted Living", as used in the state regulations, refers to a more intensive level of support for the resident. These levels of care are further defined by use of the evaluation of "Activities of Daily Living." All of these terms are further defined under "Definitions".

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