Virginia
An assisted living facility is any group residential setting that provides or coordinates personal and health care services, 24-hour supervision and assistance for four or more adults who are aged, infirm or disabled (Va. Code § 63.2-100). A facility is licensed for residential living care only (residents who need minimal help) or for both residential living and assisted living care (residents who need at least moderate help). 22VAC40-73 was last amended August 14, 2024. Amendments proposed December 15, 2025 would put into effect the 2023 law (Ch. 580) requiring liability insurance, with minimums from $250,000 to $1,000,000 depending on licensed capacity.
License categories
Assisted Living Facility – Residential Living CareAssisted Living Facility – Assisted Living Care
Key laws
Va. Code §§ 63.2-1800 through 63.2-1808.2 (Title 63.2, Ch. 18, Art. 1)
Assisted Living Facilities — official text
22VAC40-73
Standards for Licensed Assisted Living Facilities — official text
Key requirements
- At least one direct care staff member must be awake and on duty at all times in each building with residents; buildings licensed only for residential living care with 19 or fewer residents may qualify for an exception (22VAC40-73-280)
- A written staffing plan based on residents' needs is required instead of fixed staff-to-resident ratios
- The licensee must complete commissioner-approved training before initial licensure (unless experience criteria are met) and give 60 days' written notice before a sale or closure (22VAC40-73-40)
- Administrators must be licensed, and the facility must carry mandatory minimum liability insurance (Va. Code § 63.2-1805)
Sources
- https://www.dss.virginia.gov/licensed-care/assisted-living-facilities-alf/
- https://law.lis.virginia.gov/admincode/title22/agency40/chapter73/
- https://law.lis.virginia.gov/admincode/title22/agency40/chapter73/section10/
- https://law.lis.virginia.gov/admincode/title22/agency40/chapter73/section40/
- https://law.lis.virginia.gov/admincode/title22/agency40/chapter73/section280/
- https://law.lis.virginia.gov/vacode/title63.2/chapter18/
- https://register.dls.virginia.gov/details.aspx?id=12071
- https://www.dss.virginia.gov/licensed-care/submit-a-complaint/