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Conditions Virginia Assisted Living Facilities Cannot Admit or Retain

Virginia assisted living has a hard list of conditions it cannot admit or retain, and knowing the list early prevents painful moves later.

Quick answer

Virginia assisted living facilities cannot admit or keep people with ventilator dependency, stage III and IV dermal ulcers (except stage III ulcers an independent physician determines are healing), most intravenous therapy, airborne infectious disease requiring isolation, nasogastric tubes, or a need for continuous licensed nursing care. The rule is 22VAC40-73-310 H, implementing Code of Virginia 63.2-1805 D.

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Last verified: October 2026. Figures and rules are re-checked against primary sources.

What conditions can't Virginia assisted living facilities admit or retain?

Virginia assisted living facilities cannot admit or keep people with ventilator dependency, stage III and IV dermal ulcers (except stage III ulcers an independent physician determines are healing), most intravenous therapy, airborne infectious disease requiring isolation, nasogastric tubes, or a need for continuous licensed nursing care. The rule is 22VAC40-73-310 H, implementing Code of Virginia 63.2-1805 D.

Intermittent IV therapy managed by a Virginia-licensed health care professional is an exception. Gastric tubes are allowed only if the person can feed himself and care for the tube, or the narrow exceptions in the rule apply. The table below summarizes the medical conditions; read the rule itself for the exact wording of each exception.

ConditionRule
Ventilator dependencyCannot admit or retain
Stage III or IV dermal ulcersNot allowed, except stage III the physician finds healing
Intravenous therapyNot allowed, except intermittent IV managed by a licensed professional
Airborne infectious disease needing isolationNot allowed
Nasogastric tubesNot allowed
Gastric tubesOnly if person can feed himself and care for the tube, or narrow exceptions

What other situations end an assisted living stay in Virginia?

Beyond medical conditions, an imminent physical threat or danger to self or others, a physician's certification that placement is no longer appropriate, and psychotropic medications without an appropriate diagnosis and treatment plan are also on the list. So is maximum physical assistance on the Uniform Assessment Instrument (UAI) plus Medicaid nursing facility level of care, unless an independent physician decides otherwise.

Some of these are about safety and others about whether the facility can do the job. If your parent has dementia with aggressive episodes, ask the administrator where the line is and who makes the call. A physician's certification that placement is no longer appropriate can end a stay even when the facility would like to keep the resident. Our UAI page explains how the assessment works.

Can someone stay in assisted living with hospice in Hampton Roads?

Sometimes. Hospice does not by itself end an assisted living stay, but the underlying condition and care needs must still fit the list above. A resident who stays comfortable with hospice support can often remain, while one who develops a need for continuous licensed nursing care cannot.

Medicare's hospice benefit pays for the team, drugs and equipment, not room and board, so the monthly bill continues. Ask the community in advance for its written policy and which local hospice agencies it works with. The hospice directory lists providers, and the Medicare page explains the benefit.

What about wound care and G-tubes in Virginia assisted living?

Wound care depends on the stage. Stage III and IV pressure ulcers generally bar admission or retention, with an exception for stage III ulcers an independent physician determines are healing. Lower-stage wounds may be managed with visiting nurses. Feeding tubes are limited: nasogastric tubes are barred and gastric tubes need the person to manage them.

A parent coming out of Sentara or Riverside with a new wound or tube should not be moved to assisted living on a hope. Ask the discharge planner to confirm in writing that the receiving facility's license and staff can handle the specific condition. If they cannot, a skilled nursing stay may be the better first step.

How should families plan for discharge from assisted living?

Ask the community before move-in what happens if your parent's needs outgrow the license. Get the notice period, who decides, and who helps arrange the next placement. The rule contemplates a physician's certification when placement is no longer appropriate, so ask about that process.

Keep a short, written list of backup options in Hampton Roads: a nursing home near the family, a home-health agency and a hospice. Browse the nursing home directory before you need it. Prices matter too; see the cost medians. An abrupt move after a crisis is harder than one planned with a clear head, and the ten minutes you spend now save days later.

Where do hospital discharge planners fit into admission limits?

Discharge planners know which facilities can accept which patients, but they work under time pressure. Give them the list of excluded conditions and ask them to match your parent's orders against it. A hospital case manager can also arrange skilled nursing, which has no such list.

Read hospital discharge planning if you are in that spot, and ask for a day of lead time whenever you can get one. If you believe a facility is ignoring these rules or discharged someone improperly, the complaints page says whom to call.

Can stay vs. cannot be admitted or kept
Assisted living can serveAssisted living cannot serve
Breathing supportResidents who breathe on their own without a ventilatorAnyone who depends on a ventilator
WoundsA stage III ulcer an independent physician finds is healingStage III or IV dermal ulcers that are not healing
IV therapyIntermittent IV therapy managed by a Virginia-licensed health professionalOngoing intravenous therapy outside that exception
Feeding tubesA person who feeds himself and can care for a gastric tubeNasogastric tubes, or gastric tubes without that self-care ability
Nursing needsCare that does not require continuous licensed nursingA need for continuous licensed nursing care

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