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by Jeffrey J. Downey, Esq.
There are over 400 assisted living facilities (ALFs) in Virginia that provide care for our seniors. With their new dementia wards, they are increasingly recruiting patients who traditionally would go into skilled nursing facilities. As ALFs take on patients with more serious illnesses, some patients are put at greater risk in facilities that are understaffed or have staff that are not properly trained.
On March 5, 2025, the Department of Social Services announced that the Division of Licensure would be verifying insurance coverage as required by Va. Code 63.2-1805 and 22 VAC 40-73-45. Under Virginia regulations, specifically 22 VAC 40-73-45, licensed assisted living facilities must have a minimum of $500,000 in coverage to compensate individuals for injuries sustained due to negligence.
This $500,000 minimum coverage is not enough to protect residents who are subject to catastrophic injuries or wrongful death, explains Virginia Assisted Living attorney Jeffrey J. Downey. Most assisted living chains like Sunrise, Brookdale Senior Living and Commonwealth Senior Living have coverage beyond the $500,000 dollar limits since such facilities could face multi-million dollar verdicts in bad cases. Cases involving pressure wounds, falls causing fracture, elopements, physical abuse and wrongful death all have the potential to exceed the minimum insurance limits, especially where an injury results in a higher living of care, like a skilled nursing facility.
Based on national statistics, it is estimated that some 8.5% of patients in Virginia assisted living facilities develop pressure wounds or bed sores. That’s a sobering statistic when you consider that assisted living facilities in Virginia are not allowed admit or treat patients with pressure wounds above stage II, explains Downey. A stage II pressure wound occurs when there is a simple break in the skin, so it does not take much before a stage II wound develops into a stage III wound. Most assisted living facilities are not set up to provide the staff attention necessary to keep high risk patients consistently repositioned off their pressure points.
If you or a loved one has been subject to neglect at the hands of a nursing home or assisted living facility, call the Law Office of Jeffrey J. Downey for a free consultation today.
Call today for a free consultation.
Handling cases in Virginia, Maryland and Washington D.C.
Contact Information:
Law Office of Jeffrey J. Downey
8300 Greensboro Drive, Suite 500
Mclean, VA 22102
Phone: 703-564-7318
Email: jdowney@jeffdowney.com On the web at jeffdowney.com