By Norfolk Senior Advisor Care Team · October 27, 2026
- Virginia's 63.2-1805 limits list the conditions that bar admission or retention; ask the community to name which one applies to your parent.
- A new Uniform Assessment Instrument (UAI) and physician input should sit behind any decision that placement is no longer appropriate.
- Call your regional ombudsman early, line up a nursing home or other option, and keep every notice in writing.
Why can a Virginia assisted living facility tell a resident to leave?
Virginia assisted living facilities may not keep residents whose conditions fall on the list in Code of Virginia 63.2-1805 D, carried out in 22VAC40-73-310 H. The list includes ventilator dependency, a need for continuous licensed nursing care, an imminent threat to self or others, and a physician's certification that placement is no longer appropriate.
The rule does not give the facility a free hand to ask anyone to leave. It sets conditions, and an honest community can tell you which condition it believes applies. If you hear only "we can no longer meet her needs," ask for the specific condition and the evidence in writing.
Our overview of what assisted living cannot admit or retain has the full list. This post is about what to do when a notice arrives. Print the list and bring it to any meeting with the administrator, so the conversation starts from the rule.
Which conditions in Virginia law end a stay in assisted living?
Several medical and behavioral conditions can end a stay: ventilator use, stage III or IV dermal ulcers (except stage III ulcers an independent physician finds healing), most intravenous therapy, airborne infectious disease requiring isolation, nasogastric tubes, and psychotropic medication without a diagnosis and treatment plan. A need for continuous licensed nursing care also ends eligibility.
Other triggers are an imminent physical threat or danger to self or others, and maximum physical assistance on the UAI combined with Medicaid nursing facility level of care, unless an independent physician decides otherwise. Ask which of these the community says applies and what documents show it.
Some conditions have exceptions. Intermittent IV therapy managed by a Virginia-licensed health professional is allowed, and gastric tubes are allowed if the person can feed himself and care for the tube. Match your parent's situation against the actual rule text rather than an informal summary. Several are narrow, and the exceptions often decide whether the stay ends.
If the notice cites behavior, ask for dates, examples and what the staff tried first. A care plan change, a medication review or a move to a safe, secure unit might address the problem before discharge is on the table.
| Situation | Can it end the stay? | What to ask |
|---|---|---|
| Ventilator dependency | Yes | Is this a permanent need or temporary? |
| Stage III ulcer, healing | No, if an independent physician says so | Who is the physician and where is the finding? |
| Intermittent IV therapy | No, if a licensed professional manages it | Who provides the nursing visits? |
| Dangerous behavior | Yes, if imminent threat | What incident, and what steps came first? |
| Physician certification | Yes | Which physician, and can we get a second opinion? |
How does a UAI reassessment work when a Virginia resident is told to leave?
A Uniform Assessment Instrument (UAI) reassessment measures your parent's current needs and can confirm whether they still fit the license. Ask the facility for a new UAI by a qualified assessor, and ask for a physician's examination report. The facility's decision should rest on those documents, not on a staff member's impression.
Admissions in Virginia are based on the UAI, a physical examination report and an interview. The same logic applies when needs change: the question is whether the documents still support the level of care the license allows. A fair assessment protects your parent whichever way it comes out.
If your parent has had a hospital stay, a decline may be temporary. Ask whether a trial period of home health or a skilled nursing stay could let your parent return. Read the UAI guide to prepare for the assessor visit.
What should a Hampton Roads family do the day a discharge notice arrives?
Ask for the reason in writing, the date by which your parent must leave, and the name of the person who made the decision. Then call your regional long-term care ombudsman, request the physician's report and begin a parallel search for a new placement. Do not wait for the final day to start looking.
Check your admission agreement for the notice terms. I won't quote a notice period here, because it depends on the document you signed and the circumstances; read the agreement and ask the administrator to point to the clause. Ask which clause covers it.
Keep a record of calls and dates. If the cause is a hospital stay, tell the discharge planner that your parent has an assisted living bed at risk. For urgent hospital situations, see hospital discharge planning. Ask the administrator to attach the clinical notes behind the decision so you can show them to your parent's doctor.
Which ombudsman can help Hampton Roads residents facing assisted living discharge?
Bay Aging runs all three regional ombudsman offices serving Hampton Roads. On the Southside, the Norfolk office at 757-222-4542 covers Chesapeake, Isle of Wight, Norfolk, Portsmouth, Suffolk and Virginia Beach. The Williamsburg office at 757-808-5275 covers Hampton, James City, Newport News, Poquoson, Williamsburg and York. Gloucester is served from Urbanna at 804-758-2386.
The ombudsman is free and independent of facilities, and acts only with the resident's or legal representative's consent. They can explain residents' rights (Code of Virginia 63.2-1808), talk with the administrator and help you understand the process. You can call even before the notice becomes final, and your parent's consent shapes what the office does next.
For a licensing complaint, VDSS accepts reports at 1-800-543-7545; its Eastern region covers Chesapeake, Norfolk, Portsmouth, Suffolk and Virginia Beach, and its Peninsula region covers Hampton and Newport News. If you believe abuse or neglect is involved, call Adult Protective Services at (888) 832-3858. A written note of each contact is useful if the matter escalates.
Ask the ombudsman before the notice deadline arrives, not after. An early phone call lets the office explain your options while there is still time to use them. A regional office can also tell you what other families have done in similar spots in your part of Hampton Roads.
How does a parent move from Virginia assisted living to a nursing home?
Start with the doctor's orders and a hospital or facility case manager who can find a nursing home with a bed. If the move follows a qualifying three-day inpatient hospital stay, Medicare Part A can cover up to 100 skilled nursing days, with $217 daily coinsurance from day 21 in 2026.
Long-term nursing home care is a different matter. Medicare does not pay custodial care. Medicaid may, if your parent's income is within $2,982 a month and assets within $2,000 in 2026. A spouse at home has protections. See Medicaid and spousal protections.
Browse the nursing home directory and Care Compare, and visit at least two homes. Ask whether a return to assisted living is realistic. Our comparison of assisted living and nursing homes explains the differences. Visit in person. Ask each home about its admissions process for someone leaving assisted living, because a quick intake can save a stay in a hospital bed.
Frequently asked questions
Can an assisted living facility evict a resident with dementia in Virginia?
A facility can end a stay if a listed condition applies, such as an imminent danger to self or others, or if a physician certifies placement is no longer appropriate. Ask for the specific reason, a reassessment and the plan for a safe transition.
Is a hospital stay a reason to lose my parent's assisted living room?
Not by itself. But a hospital stay can change needs, and the facility may say it can no longer meet them. Ask the case manager to confirm in writing what care your parent will need on return.
Who pays if my parent has to move to a nursing home?
Medicare can pay for a limited skilled stay after a qualifying hospital stay. Long-term costs fall to the family or to Medicaid for those who qualify. The Auxiliary Grant applies only to assisted living. Start with the hospital case manager, who can help you plan the next step.
Where do I file a complaint if the discharge seems improper?
Call the VDSS complaint line at 1-800-543-7545 or contact your regional ombudsman. If someone is in immediate danger, call 911 first. Keep the notice and the reasons you were given in writing for either call. The VDSS line and the ombudsman are both free.
