Virginia DSS · Assisted Living Facility

Viva Senior Living at Berryville

📍 413 McClellen Street, Berryville, VA, 22611

ID 51237One Year licenseActive
8
Inspections
On record
6
With violations
Visits that cited something
2
Clean visits
Nothing cited
19
Violations cited
Individual findings
16
Standards cited
Distinct rules
3
Complaint visits
Prompted by a complaint

Viva Senior Living at Berryville was inspected 8 times between September 30, 2024 and May 6, 2026 by the Virginia Department of Social Services. 6 of those visits ended with violations cited and 2 with none. Across that history VDSS cited 19 violations under 16 distinct standards. 3 inspections were prompted by a complaint.

A violation is a licensing standard - a rule in the Virginia Administrative Code - that the inspector found the facility was not meeting. Each is shown with the evidence the inspector recorded and, where VDSS publishes it, the facility's own plan of correction.

Every inspection listed here is currently published on the VDSS site.

Provider Information

Facility type
Assisted Living Facility
License type
One Year
License expires
04/14/2026
Administrator
Victoria Nelson
Licensing inspector
Angela Via
Inspector phone
(540) 682-1739
Approved for
Assisted Living · Non-Ambulatory · Special Care Unit

Inspection History

8

Select an inspection to read the areas reviewed, the inspector's comments and any violations cited.

May 6, 2026Inspection7 violations
Inspection dates
05/06/2026
Areas reviewed
22VAC40-73 ADMINISTRATION AND ADMINISTRATIVE SERVICES22VAC40-73 PERSONNEL22VAC40-73 STAFFING AND SUPERVISION22VAC40-73 ADMISSION, RETENTION AND DISCHARGE OF RESIDENTS22VAC40-73 RESIDENT CARE AND RELATED SERVICES22VAC40-73 BUILDINGS AND GROUND22VAC40-73 EMERGENCY PREPAREDNESS22VAC40-73 ADDITIONAL REQUIREMENTS for FACILITIES THAT CARE FOR ADULTS WITH SERIOUS COGNITIVE IMPAIRMENTS63.2- (17) Licensure and Registration Procedures63.2- (18) Facilities and Programs22VAC40-90 Background Checks for Assisted Living Facilities22VAC40-90 The Sworn Statement or Affirmation22VAC40-90 The Criminal History Record Report
Comments
Type of inspection: Renewal Date(s) of inspection and time the licensing inspector was on-site at the facility for each day of the inspection: May 6, 2026, from 11:05 a.m. until 5:30 p.m. The Acknowledgement of Inspection form was signed and left at the facility for each date of the inspection. Number of residents present at the facility at the beginning of the inspection: 53 The licensing inspector completed a tour of the physical plant that included the building and grounds of the facility. Number of resident records reviewed: 6 Number of staff records reviewed: 3 Number of interviews conducted with residents: 2 Number of interviews conducted with staff: 3 Observations by licensing inspector: The Licensing Inspector toured the community and observed the residents during activities and meals. The Licensing Inspector reviewed the following at the time of inspection: sample of resident and employee records, medication administration, fire drills, emergency drills, pharmacy review, menus, activity calendars, verified appropriate amount of liability insurance, and dietician report. Additional Comments/Discussion: None An exit meeting will be conducted to review the inspection findings. The evidence gathered during the inspection determined non-compliance with applicable standard(s) or law, and violation(s) were documented on the violation notice issued to the facility. The licensee has the opportunity to submit a plan of correction to indicate how the cited violation(s) will be addressed in order to return the facility to compliance and maintain future compliance with applicable standard(s) or law. If the licensee wishes to provide a plan of correction: (i) type the plan on a separate Word document, (ii) identify the standard violation number being addressed, (iii) include the date the violation will be corrected, (IV) do not include any names or confidential information, and (V) return to the licensing inspector by email within five (5) business days of the exit interview. Your plan of correction must contain: 1) steps to correct the noncompliance with the standard(s), 2) measures to prevent the noncompliance from occurring again; and 3) person(s) responsible for implementing each step and/or monitoring any preventive measure(s). Compliance with all applicable regulations and law shall be maintained and any areas of noncompliance must be corrected. Within 15 calendar days of your receipt of these inspection findings (inspection summary, violation notice, and supplemental information), you may request a review and discussion of these findings with the inspector's immediate supervisor. To make a request for review and discussion, you must contact the licensing supervisor at the regional licensing office that serves your geographical area. Refer to General Procedures and Information for Licensure, 22VAC40-80-260-B for information on requesting a problem-solving conference. Regardless of whether a supervisory review has been requested, the results of the inspection will be posted to the DSS public website within 5 business days of your receipt of the Inspection Summary and/ or Violation Notice. The department's inspection findings are subject to public disclosure. Please Note: A copy of the findings of the most recent inspection are required to be posted on the premises of the facility. For more information about the VDSS Licensing Programs, please visit: www.dss.virginia.gov Should you have any questions, please contact Angie Via, Licensing Inspector at (540) 682-1739 or by email at Angela.Via@dss.virginia.gov
Violations
22VAC40-73-210-C
Based on staff record reviews and staff interview, the facility failed to ensure training for the first year commenced no later than 60 days after employment.
Evidence
  1. Record for staff 1, hire date 07/09/2025, contained no documented direct care staff training that commenced no later than 60 days after employment.
  2. Record for staff 2, hire date 11/05/2025, contained documented direct care staff training that occurred 03/2026, which is later than 60 days after employment.
  3. Record for staff 3, hire date 12/17/2025, contained documented direct care staff training that occurred 03/20/2026, which is later than 60 days after employment.
  4. During an interview with LI on 05/06/2026, staff 6 confirmed records for staff 1, 2, and 3 did not contain direct care staff training that commenced no later than 60 days after employment as required.
Plan of correction
All direct care staff shall complete orientation and required training in accordance with Virginia Assisted Living Facility Regulations and prior to independently providing resident care. Orientation documentation will be completed, signed, and maintained in the employee personnel file within the first week of employment. All direct care staff working with residents who have a diagnosis of dementia or cognitive impairment shall complete the required dementia-specific training within 60 days of hire. Employees who do not complete the required training within the regulatory timeframe will be removed from the schedule until compliance is achieved. Ongoing education and in-service training will be provided monthly and will include, but not be limited to: Dementia care and behavior management Infection prevention and control CPR and First Aid review Resident rights Emergency preparedness Mental and physical impairments of the resident population served Training attendance, topic, instructor, and date will be documented and maintained in employee training records. The Executive Director and Resident Care Coordinator will monitor compliance monthly.
22VAC40-73-950-E
Based on facility record review and staff interview, the facility failed to ensure the semiannual review of the emergency preparedness plan for all staff, residents, and volunteers included all six elements of this subsection with the review documented by signing and dating.
Evidence
  1. LI requested the semi-annual review of the emergency preparedness and response plan for staff, residents, and volunteers.
  2. During document review on 05/06/2026, the LI observed the semiannual review of emergency preparedness with staff and residents only occurred once in 2025 on 07/17/2025.
  3. Staff 5 confirmed the reviewed emergency preparedness and response trainings only occurred once on 07/17/2025, not twice as required.
Plan of correction
The Emergency Preparedness Plan shall be reviewed with staff at least semi-annually and whenever updates or revisions occur. Documentation of the review, including date, attendees, and topics discussed, will be maintained by the facility. The Executive Director will be responsible for ensuring reviews are completed timely and documented appropriately.
22VAC40-73-720-A
Based on resident record reviews and staff interviews, the facility failed to provide Do Not Resuscitate (DNR) Orders for withholding cardiopulmonary resuscitation from a resident in the event of cardiac or respiratory arrest in a licensed assisted living facility when a valid written order was issued by the resident's attending physician and the written order is included in the individualized service plan.
Evidence
  1. Record for resident 1, admit date 03/30/2026, did not contain a signed DNR order from the resident's attending physician, but the service plan listed resident 1 as a DNR.
  2. Record for resident 5, admit date 10/02/2025, did not contain a signed DNR order from the resident's attending physician, but the service plan listed resident 5 as a DNR.
  3. Record for resident 6, admit date 08/15/2025, did not contain a signed DNR order from the resident's attending physician, but record listed resident 6 as DNR.
  4. Staff 5 and 6 acknowledged that there was not a signed DNR order for residents 1, 5, and 6.
Plan of correction
Residents shall be considered Full Code unless a valid written Do Not Resuscitate (DNR) order signed by an authorized physician or licensed practitioner is present in the resident record in accordance with Virginia law. DNR documentation will be reviewed upon admission and during ongoing chart audits to ensure physician orders are current, properly executed, and reflected accurately within the resident’s Individualized Service Plan (ISP) and clinical record.
22VAC40-73-980-A
Based on observation and staff interview, the facility failed to ensure a complete first aid kit was on hand with items that expiration dates had not already passed.
Evidence
  1. During the facility tour on 05/06/2026, LI observed a first aid kit with alcohol prep pads that expired 09/2025, hand sanitizer that expired 05/2023, and antiseptic wipes that expired 05/2025
  2. Staff 4 acknowledged that the alcohol prep pads, hand sanitizer, and antiseptic wipes from first aid kit were expired.
  3. Photo evidence taken.
Plan of correction
All facility first aid kits will be inspected monthly to ensure required supplies are present, functional, and not expired. A checklist documenting the inspection date, findings, and replacement of expired or missing items will be maintained. Any expired items identified will be replaced immediately upon discovery.
22VAC40-73-320-A
Based on resident record reviews and staff interviews, the facility failed to obtain a physical examination by an independent physician within 30 days preceding admission, which included the results of a risk assessment documenting the absence of tuberculosis in a communicable form as
Evidence
  1. d by the completion of the current screening form. Evidence:
  2. The admission date for resident 4 was 01/22/2026. There was no face-to-face physical examination for resident 4 in the resident record.
  3. The admission date for resident 5 was 10/02/2025. The date of the face-to-face physical examination for resident 5 was 09/09/2025. The face-to-face physical examination did not contain a dated risk assessment documenting the absence of tuberculosis.
  4. Staff 5 and 6 acknowledged that the physical examination reports for residents 4 and 5 were not completed according to the standard.
Plan of correction
Prior to admission, each resident shall have documentation of a completed tuberculosis screening or assessment as required by Virginia regulation. Documentation must be signed and dated by a licensed physician or other authorized healthcare provider and maintained in the resident record prior to move-in. The Administrator and/or designee will review all admission documentation for completeness before admission approval.
22VAC40-73-260-A
Based on staff record review and staff interviews, the facility failed to ensure staff completed first aid (FA) certification within 60 days of hire.
Evidence
  1. Record for staff 2, hire date 11/05/2025, contained no documentation of completed FA training.
  2. During an interview with LI on 05/06/2026, staff 5 and 6 confirmed FA training for staff 2 did not occur within 60 days of employment as required by standard.
Plan of correction
All direct care staff shall maintain current certification in CPR and First Aid as required by regulation. Upon hire, employees without current certification will be scheduled for the next available approved CPR/First Aid course and must obtain certification within 60 days of employment. Documentation of certification will be maintained in the personnel file. Employees who fail to complete certification within the required timeframe will be removed from the work schedule until certification is obtained.
22VAC40-73-410-A
Based on resident record reviews and staff interview, the facility failed to provide orientation for new residents and their legal representatives, including emergency response procedures, mealtimes, and use of the call system. Acknowledgment of having received the orientation should be signed and dated by the resident and, as appropriate, his legal representative, and such documentation should be kept in the resident's record.
Evidence
  1. Record for resident 1, admit date 03/30/2026, did not contain a signed acknowledgement of having received the orientation by the resident or documentation that the resident was present during orientation.
  2. Record for resident 2, admit date 03/09/2026, did not contain a signed acknowledgement of having received the orientation by the resident or documentation that the resident was present during orientation.
  3. Record for resident 4, admit date 01/22/2026, did not contain a signed acknowledgement of having received the orientation by the resident or documentation that the resident was present during orientation.
  4. During an interview with LI on 05/06/2026, staff 5 confirmed records for residents 1, 2, and 4 did not contain a signed acknowledgement by residents of having received the orientation, nor was their documentation in the resident’s record to indicate residents 1, 2, and 4 were present during orientation to facility.
Plan of correction
Upon admission, residents and their legal representative or Power of Attorney, when applicable, shall receive orientation to the facility including services provided, resident rights, grievance procedures, emergency procedures, and facility policies. Documentation of the orientation shall be reviewed, signed, and maintained in the resident record. If the resident is unable to sign, POA/legal representative will sign and provide reasoning why resident is unable to self-sign.
September 10, 2025Complaint survey2 violations
Inspection dates
09/10/2025
Areas reviewed
22VAC40-73 STAFFING AND SUPERVISION22VAC40-73 RESIDENT CARE AND RELATED SERVICES22VAC40-80 Complaint Investigation
Comments
Type of inspection: Complaint Date of inspection and time the licensing inspector was on-site at the facility for each day of the inspection: 9/10/2025 from 1:30 pm. To 3:30 p.m. The Acknowledgement of Inspection form was signed and left at the facility for each date of the inspection. A complaint was received by VDSS Division of Licensing on 6/2/2025; 6/8/2025; 6/9/2025; 7/8/2025 regarding allegations in the area(s) of: STAFFING AND SUPERVISION Number of residents present at the facility at the beginning of the inspection: 52 The licensing inspector completed a tour of the physical plant that included the building and grounds of the facility. Number of resident records reviewed: 7 Number of staff records reviewed: 2 Number of interviews conducted with residents: 0 Number of interviews conducted with staff: 3 Observations by licensing inspector: Licensing inspector observed residents in their rooms and the common areas. Additional Comments/Discussion: None An exit meeting will be conducted to review the inspection findings. The evidence gathered during the investigation supported the complaint of non-compliance with standard or law, and violations were issued. Any violation(s) not related to the complaint but identified during the course of the investigation can also be found on the violation notice. The licensee has the opportunity to submit a plan of correction to indicate how the cited violation(s) will be addressed in order to return the facility to compliance and maintain future compliance with applicable standard(s) or law. If the licensee wishes to provide a plan of correction: (i) type the plan on a separate Word document, (ii) identify the standard violation number being addressed, (iii) include the date the violation will be corrected, (IV) do not include any names or confidential information, and (V) return to the licensing inspector by email within five (5) business days of the exit interview. Compliance with all applicable regulations and law shall be maintained and any areas of noncompliance must be corrected. Within 15 calendar days of your receipt of the inspection findings (inspection summary, violation notice, and supplemental information), you may request a review and discussion of these findings with the inspector's immediate supervisor. To make a request for review and discussion, you must contact the licensing supervisor at the regional licensing office that serves your geographical area. Regardless of whether a supervisory review has been requested, the results of the inspection will be posted to the DSS public website within 5 business days of your receipt of the Inspection Summary and/ or Violation Notice. The department's inspection findings are subject to public disclosure. Please Note: A copy of the findings of the most recent inspection are required to be posted on the premises of the facility. For more information about the VDSS Licensing Programs, please visit: www.dss.virginia.gov Should you have any questions, please contact Jill James, Licensing Inspector at (540) 418-2631or by email at jill.james@dss.virginia.gov
Violations
22VAC40-73-460-B
Based on document review, the facility failed to ensure the provision of care and delivery of services was resident-centered to the maximum extent possible and included prompt response by staff to resident needs as reasonable to the circumstances.
Evidence
  1. During the inspection on 9/10/2025, LI requested the pendant response time records for resident 3, resident 5, resident 6, and resident 7.
  2. Of the 44 pendant response times listed for the four residents, nine exceeded 20 minutes with the response times ranging from 24 minutes up to 61 minutes with the average response time at 37 minutes.
Plan of correction
Call bells will be monitored daily by the RCD or designee and weekly by the ED or designee. The goal is to bring the call-response time down to be an average time of response of 10-12 min.
22VAC40-73-290-A
Based on documentation review and staff interview, the facility failed to maintain a written work schedule that included the names and job classification of all staff working each shift, with an indication of who was in charge at any given time, along with any absences, substitutions, or other changes noted on the schedule with a copy of the schedule maintained for a period of two years.
Evidence
  1. On 9/10/2025 Licensing staff requested copies of the as worked schedule for the months of May, June, and July 2025.
  2. Staff 1 provided the planned schedules; however, the schedules did not include the job classifications of all staff working each shift, with an indication of whomever was in charge at any given time, along with any absences, substitutions, or other changes noted on the schedule as required by the standard.
  3. On 9/10/2025 the licensing inspector (LI) requested the as worked schedule for 6/1/2025 through 6/7/2025 and 7/6/2025 through 7/7/2025. Staff 1 stated they were unable to locate the as worked schedule for either of the two requested time periods.
Plan of correction
A written work schedule is being maintained by the RCD or designee and is being kept in a separate binder for a minimum of 2 years. Assignment sheets or the schedule will reflect call-outs, absences, substitutions, and who is in charge at any given time. After hours it will be posted at the front desk or nurses station of who is in charge.
September 10, 2025Complaint survey2 violations
Inspection dates
09/10/2025
Areas reviewed
22VAC40-73 STAFFING AND SUPERVISION22VAC40-73 ADMISSION, RETENTION AND DISCHARGE OF RESIDENTS22VAC40-73 RESIDENT CARE AND RELATED SERVICES22VAC40-80 COMPLAINT INVESTIGATION
Comments
Type of inspection: Complaint Date(s) of inspection and time the licensing inspector was on-site at the facility for each day of the inspection: 9/10/2025 from 11:30 a.m. to 1:30 p.m. The Acknowledgement of Inspection form was signed and left at the facility for each date of the inspection. A complaint was received by VDSS Division of Licensing on 5/19/2025 regarding allegations in the area(s) of: 22VAC40-73-(4) STAFFING AND SUPERVISION; 22VAC40-73-(5) ADMISSION, RETENTION AND DISCHARGE OF RESIDENTS; 22VAC40-73-(6) RESIDENT CARE AND RELATED SERVICES Number of residents present at the facility at the beginning of the inspection: 52 The licensing inspector completed a tour of the physical plant that included the building and grounds of the facility. Number of resident records reviewed: 1 Number of staff records reviewed:0 Number of interviews conducted with residents:0 Number of interviews conducted with staff: 1 Observations by licensing inspector: Licensing inspector observed residents gathered for an activity with staff, in the courtyard, and in their rooms. Additional Comments/Discussion: None An exit meeting will be conducted to review the inspection findings. The evidence gathered during the investigation supported some, but not all of the allegation(s); areas of non-compliance with standard or law were Staffing and Supervision and Resident Care and Related Services. A violation notice was issued. Any violation(s) not related to the complaint but identified during the course of the investigation can also be found on the violation notice. The licensee has the opportunity to submit a plan of correction to indicate how the cited violation(s) will be addressed in order to return the facility to compliance and maintain future compliance with applicable standard(s) or law. A violation notice was issued; any violation(s) not related to the complaint(s) but identified during the course of the investigation can also be found on the violation notice. The licensee has the opportunity to submit a plan of correction to indicate how the cited violation(s) will be addressed in order to return the facility to compliance and maintain future compliance with applicable standard(s) or law. If the licensee wishes to provide a plan of correction: (i) type the plan on a separate Word document, (ii) identify the standard violation number being addressed, (iii) include the date the violation will be corrected, (IV) do not include any names or confidential information, and (V) return to the licensing inspector by email within five (5) business days of the exit interview. Compliance with all applicable regulations and law shall be maintained and any areas of noncompliance must be corrected. Within 15 calendar days of your receipt of the inspection findings (inspection summary, violation notice, and supplemental information), you may request a review and discussion of these findings with the inspector's immediate supervisor. To make a request for review and discussion, you must contact the licensing supervisor at the regional licensing office that serves your geographical area. Regardless of whether a supervisory review has been requested, the results of the inspection will be posted to the DSS public website within 5 business days of your receipt of the Inspection Summary and/ or Violation Notice. The department's inspection findings are subject to public disclosure. Please Note: A copy of the findings of the most recent inspection are required to be posted on the premises of the facility. For more information about the VDSS Licensing Programs, please visit: www.dss.virginia.gov Should you have any questions, please contact Jill James, Licensing Inspector at (540) 418-2631 or by email at jill.james@dss.virginia.gov
Violations
22VAC40-73-460-B
Based on document review, the facility failed to ensure the provision of care and delivery of services was resident-centered to the maximum extent possible and included prompt response by staff to resident needs as reasonable to the circumstances.
Evidence
  1. During the inspection on 9/10/2025, LI requested the pendant response time records for resident 3, resident 5, resident 6, and resident 7.
  2. Of the 44 pendant response times listed for the four residents, nine exceeded 20 minutes with the response times ranging from 24 minutes up to 61 minutes with the average response time at 37 minutes.
Plan of correction
Call bells will be monitored daily by the RCD or designee and weekly by the ED or designee. The goal is to bring the call-response time down to be an average time of response of 10-12 min.
22VAC40-73-290-A
Based on documentation review and staff interview, the facility failed to maintain a written work schedule that included the names and job classification of all staff working each shift, with an indication of who was in charge at any given time, along with any absences, substitutions, or other changes noted on the schedule with a copy of the schedule maintained for a period of two years.
Evidence
  1. On 9/10/2025 Licensing staff requested copies of the as worked schedule for the months of May, June, and July 2025.
  2. Staff 1 provided the planned schedules; however, the schedules did not include the job classifications of all staff working each shift, with an indication of whomever was in charge at any given time, along with any absences, substitutions, or other changes noted on the schedule as required by the standard.
  3. On 9/10/2025 the licensing inspector (LI) requested the as worked schedule for 6/1/2025 through 6/7/2025 and 7/6/2025 through 7/7/2025. Staff 1 stated they were unable to locate the as worked schedule for either of the two requested time periods.
Plan of correction
A ratio staffing plan was created based on the census. A Viva Staffing plan is to be reviewed by our corporate regional team. The ED will send it upon completion of the review to the licensing inspector.
September 10, 2025Complaint survey0 violations
Inspection dates
09/10/2025
Areas reviewed
22VAC40-73 ADMISSION, RETENTION AND DISCHARGE OF RESIDENTS22VAC40-73 RESIDENT CARE AND RELATED SERVICES22VAC40-73 RESIDENT ACCOMMODATIONS AND RELATED PROVISIONS22VAC40-80 COMPLAINT INVESTIGATION
Comments
Comments/Discussion: Type of inspection: Complaint Date of inspection and time the licensing inspector was on-site at the facility for each day of the inspection: September 10, 2025 from 9:15 a.m to 10:15 a.m. The Acknowledgement of Inspection form was signed and left at the facility for each date of the inspection. A complaint was received by VDSS Division of Licensing on 7/28/2025 regarding allegations in the area(s) of: RESIDENT CARE AND RELATED SERVICES; RESIDENT ACCOMMODATIONS AND RELATED PROVISIONS Number of residents present at the facility at the beginning of the inspection: 52 The licensing inspector completed a tour of the physical plant that included the building and grounds of the facility. Number of resident records reviewed: 1 Number of staff records reviewed: 0 Number of interviews conducted with residents: 0 Number of interviews conducted with staff: 2 Observations by licensing inspector: Licensing inspector observed residents in their rooms and the common areas. Additional Comments/Discussion: None An exit meeting will be conducted to review the inspection findings. The evidence gathered during the investigation did not support the allegation of non-compliance with standard(s) or law. The inspection summary will be posted to the VDSS website within 5 business days of your receipt of the inspection summary. The department's inspection findings are subject to public disclosure. Please Note: A copy of the findings of the most recent inspection are required to be posted on the premises of the facility. For more information about the VDSS Licensing Programs, please visit: www.dss.virginia.gov Should you have any questions, please contact Jill James, Licensing Inspector at (540) 418-2631or by email at jill.james@dss.virginia.gov
Violations
✅
No violations cited
The inspector documented no violation of standards at this inspection.
September 10, 2025Inspection3 violations
Inspection dates
09/10/2025
Areas reviewed
22VAC40-73 RESIDENT CARE AND RELATED SERVICES22VAC40-73 ADDITIONAL REQUIREMENTS for FACILITIES THAT CARE FOR ADULTS WITH SERIOUS COGNITIVE IMPAIRMENTS
Comments
Type of inspection: Monitoring Date of inspection and time the licensing inspector was on-site at the facility for each day of the inspection: 9/10/2025 from 10:15 a.m. to 11:30 a.m. The Acknowledgement of Inspection form was signed and left at the facility for each date of the inspection. A self-reported incident was received by VDSS Division of Licensing on 9/10/2025 regarding allegations in the area of: RESIDENT CARE AND RELATED SERVICES. Number of residents present at the facility at the beginning of the inspection: 52 The licensing inspector completed a tour of the physical plant that included the building and grounds of the facility. Number of resident records reviewed: 1 Number of staff records reviewed:0 Number of interviews conducted with residents:0 Number of interviews conducted with staff: 1 Observations by licensing inspector: Licensing inspector observed residents gathered for an activity with staff, in the courtyard, and in their rooms. Additional Comments/Discussion: None An exit meeting will be conducted to review the inspection findings. The evidence gathered during the investigation supported the self-report of non-compliance with standard(s) or law, and violations(s) were issued. Any violation(s) not related to the self-report but identified during the course of the investigation can also be found on the violation notice. The licensee has the opportunity to submit a plan of correction to indicate how the cited violation(s) will be addressed in order to return the facility to compliance and maintain future compliance with applicable standard(s) or law. If the licensee wishes to provide a plan of correction: (i) type the plan on a separate Word document, (ii) identify the standard violation number being addressed, (iii) include the date the violation will be corrected, (IV) do not include any names or confidential information, and (V) return to the licensing inspector by email within five (5) business days of the exit interview. Compliance with all applicable regulations and law shall be maintained and any areas of noncompliance must be corrected. Within 15 calendar days of your receipt of the inspection findings (inspection summary, violation notice, and supplemental information), you may request a review and discussion of these findings with the inspector's immediate supervisor. To make a request for review and discussion, you must contact the licensing supervisor at the regional licensing office that serves your geographical area. Regardless of whether a supervisory review has been requested, the results of the inspection will be posted to the DSS public website within 5 business days of your receipt of the Inspection Summary and/ or Violation Notice. The department's inspection findings are subject to public disclosure. Please Note: A copy of the findings of the most recent inspection are required to be posted on the premises of the facility. For more information about the VDSS Licensing Programs, please visit: www.dss.virginia.gov Should you have any questions, please contact Jill James Licensing Inspector at (540) 418-2631 or by email at Jill.james@dss.virginia.gov
Violations
22VAC40-73-460-D
Based on a review of documentation and staff interview, the facility failed to ensure supervision of resident care and attention to specialized needs, such as wandering from the premises.
Evidence
  1. On 5/26/2025, the facility submitted a self-report to the regional licensing office of an unwitnessed elopement from the secure care unit that occurred on 5/25/2025.
  2. Self-report stated resident 1 (admit date 4/7/2025) was found at the corner of the street by a family member who had just left the facility.
  3. During the inspection on 9/10/2025, the Licensing Inspector (LI) reviewed the facility Shift Communication Log and noted an entry on 5/24/2025 that resident 1 was exit seeking. On 5/25/2025 the following entry was noted “sometime after lunch 1:00-1:30 a resident’s family member seen [sic] both walking halfway to Martins, (family members name) picked up and brought them back. I believe (resident 1) has figured out the code to the back gate.” Self-report submitted by the facility only referenced resident 1 involved in the elopement and didn’t mention the second resident. Two separate resident’s names were listed on the facility communication log, both of whom reside in the secure care unit. One of the resident’s names was resident 1.
Plan of correction
The residents were returned within 15 minutes based on camera footage. Both were accessed with no injuries or emotional distress per the RCD on duty. Elopement policies were reviewed, and Elopement Drills were conducted at the next employee meeting. Two additional security devices were installed to prevent the gate from being open or unlocked. There is a security code, 2 slide bolts, and an audible alarm that goes off when gate is opened.
22VAC40-73-1130-A
Based on record review the facility failed to ensure when 20 or fewer residents are present, at least two direct care staff members are on duty at all times in the special care unit and are responsible for the care and supervision of the residents.
Evidence
  1. During the inspection on 9/10/2025, LI requested the as worked schedule and staff timecards for 5/25/2025.
  2. Based on review of the as worked schedule, two direct care assistants (DCA) were scheduled for the daylight shift (7:00 a.m. to 7:00 p.m.) with an additional DCA scheduled from 6:00 a.m. to 1:30 p.m. A registered medication assistant (RMA) was scheduled from 6:00 a.m. to 11:00 a.m. For night shift (7:00 p.m. to 7:00 a.m.) three DCA’s and one RMA were scheduled. Based on this schedule, from 1:30 p.m. until 6:15 p.m., there was only two RCA’s scheduled for the entire facility not just the secure care unit. Based on this schedule there was no RMA coverage from 11:00 a.m. until 7:00 p.m.
  3. According to the staff timecards provided for 5/25/2025, only one staff member (RCA) had worked time entered for the day in question.
Plan of correction
The RCD or designee will enforce and monitor assignment sheets for ensuring consistent break times to ensure we stay in compliance with proper staffing at all times for our Memory Care neighborhood. An in-service meeting with direct care staff to review assignment sheets was completed.
22VAC40-73-450-B
Based on a record review and staff interview, the facility failed to ensure a comprehensive individualized service plan (ISP) was completed within thirty days.
Evidence
  1. Resident 1 admitted on 4/7/2025 had a preliminary ISP completed at the time of admission; however, there was no evidence of comprehensive ISP for resident 1.
  2. During an interview with the LI on 9/10/2025, staff 1 confirmed the comprehensive ISP had not been completed as of 9/10/2025.
Plan of correction
Following the initial ISP, the 30-day ISP will be performed by RCD or designee within 30 days from date of admission. The RCD and ED, or designee will monitor this.
March 18, 2025Inspection3 violations
Inspection dates
03/18/2025
Areas reviewed
22VAC40-73 ADMINISTRATION AND ADMINISTRATIVE SERVICES22VAC40-73 PERSONNEL22VAC40-73 STAFFING AND SUPERVISION22VAC40-73 ADMISSION, RETENTION AND DISCHARGE OF RESIDENTS22VAC40-73 RESIDENT CARE AND RELATED SERVICES22VAC40-73 RESIDENT ACCOMMODATIONS AND RELATED PROVISIONS22VAC40-73 BUILDINGS AND GROUND22VAC40-73 EMERGENCY PREPAREDNESS22VAC40-73 ADDITIONAL REQUIREMENTS FOR FACILITIES THAT CARE FOR ADULTS WITH SERIOUS COGNITIVE IMPAIRMENTS22VAC40-90 THE SWORN STATEMENT OR AFFIRMATION22VAC40-90 THE CRIMINAL HISTORY RECORD REPORT
Comments
Type of inspection: Renewal Date(s) of inspection and time the licensing inspector was on-site at the facility for each day of the inspection: 3/18/2025 from 9:15 a.m. to 5:30 p.m. The Acknowledgement of Inspection form was signed and left at the facility for each date of the inspection. Number of residents present at the facility at the beginning of the inspection: 58 The licensing inspector completed a tour of the physical plant that included the building and grounds of the facility. Number of resident records reviewed: 6 Number of staff records reviewed: 3 Number of interviews conducted with residents: 2 Number of interviews conducted with staff: 3 Observations by licensing inspector: The Licensing Inspector (LI) observed the residents during activities, meals and medication administration. The following were reviewed at the time of inspection: menu, activity calendar, fire drills, emergency drills, resident council minutes, dietician report, healthcare and medication oversight, fire marshal inspection, Virginia Department of Health inspection. LI reviewed corrective actions completed since the last inspection. Additional Comments/Discussion: Facility is on an initial Conditional license which ends 4/14/2025. LI reviewed and verified liability insurance. An exit meeting will be conducted to review the inspection findings. The evidence gathered during the initial inspection determined non-compliance with applicable standard(s) or law, and violation(s) were documented on the violation notice issued to the facility. The applicant has the opportunity to submit a plan of correction to indicate how the cited violation(s) will be addressed in order to maintain future compliance with applicable standard(s) or law. If the applicant wishes to provide a plan of correction: (i) type the plan on a separate Word document, (ii) identify the standard violation number being addressed, (iii) include the date the violation will be corrected, (IV) do not include any names or confidential information, and (V) return to the licensing inspector by email within five (5) business days of the exit interview. Compliance with all applicable regulations and law shall be maintained and any areas of noncompliance must be corrected. Within 15 calendar days of your receipt of the inspection findings (inspection summary, violation notice, and supplemental information), you may request a review and discussion of these findings with the inspector's immediate supervisor. To make a request for review and discussion, you must contact the licensing supervisor at the regional licensing office that serves your geographical area. Regardless of whether a supervisory review has been requested, the results of the inspection will be posted to the DSS public website should the facility be issued a license to operate. The department's inspection findings are subject to public disclosure. Please Note: A copy of the findings of the most recent inspection are required to be posted on the premises of a licensed facility. For more information about the VDSS Licensing Programs, please visit: www.dss.virginia.gov Should you have any questions, please contact Jill James, Licensing Inspector at (540) 418-2631 or by email at jill.james@dss.virginia.gov
Violations
22VAC40-73-950-E
Based on staff interview, the facility failed to conduct an orientation of the emergency preparedness and response plan for all staff, residents and volunteers.
Evidence
  1. On 3/18/2025, staff 1 acknowledged that the emergency preparedness plan had not been reviewed with staff, residents or volunteers since the change of ownership on 10/15/2024.
Plan of correction
Emergency plan was updated and reviewed with all staff. This is to be done on an annual basis. All staff will be educated thru practice exercises for resident emergencies. This is to be done on a semi-annual basis.
22VAC40-73-610-B
Based on observation and staff interview, the facility failed to ensure the menu for meals and snacks for the current week was posted in an area conspicuous to residents.
Evidence
  1. On 3/18/2025, the Licensing inspector (LI) observed a daily menu for 3/18/2025 posted. There was no weekly menu posted.
  2. On 3/18/2025, staff 3 acknowledged there was no weekly menu posted, and it had not been posted since the kitchen manager left approximately two weeks ago.
  3. Photo evidence taken.
Plan of correction
Daily menus will be posted in a conspicuous area for residents to view.
22VAC40-73-950-A
Based on staff interview, the facility failed to ensure an initial contact with the local emergency coordinator to review the emergency preparedness and response plan was conducted and documented.
Evidence
  1. On 3/18/2025, staff 1 acknowledged the emergency preparedness plan had not been reviewed initially with the local emergency coordinator at the time of the change of ownership on 10/15/2024.
Plan of correction
Emergency preparedness plan was updated to reflect all changes in ownership. Emergency coordinator was notified and updated of change in ownership.
January 15, 2025Inspection2 violations
Inspection dates
01/15/2025
Areas reviewed
22VAC40-90 BACKGROUND CHECKS FOR ASSISTED LIVING FACILITIES22VAC40-90 THE SWORN STATEMENT OR AFFIRMATION
Comments
Type of inspection: Monitoring Date of inspection and time the licensing inspector (LI) was on-site at the facility for each day of the inspection: LI was on site at Viva Senior Living Berryville for a 60-day Conditional license review on 01/15/2025 9:15 a.m. to 11:30 a.m. The Acknowledgement of Inspection form was signed and left at the facility for each date of the inspection. Number of residents present at the facility at the beginning of the inspection: 57 The licensing inspector completed a tour of the physical plant that included the building and grounds of the facility. Number of resident records reviewed: 0 Number of staff records reviewed:4 Number of interviews conducted with residents:0 Number of interviews conducted with staff: 1 Observations by licensing inspector: Inspector observed residents doing activities and in the dining room. Additional Comments/Discussion: Inspector referred to Division of Licensing Programs website for Memo sent 11/13/24 with information on updated Disclosure form. An exit meeting will be conducted to review the inspection findings. The evidence gathered during the inspection determined non-compliance with applicable standard(s) or law, and violation(s) were documented on the violation notice issued to the facility. The licensee has the opportunity to submit a plan of correction to indicate how the cited violation(s) will be addressed in order to return the facility to compliance and maintain future compliance with applicable standard(s) or law. If the licensee wishes to provide a plan of correction: (i) type the plan on a separate Word document, (ii) identify the standard violation number being addressed, (iii) include the date the violation will be corrected, (IV) do not include any names or confidential information, and (V) return to the licensing inspector by email within five (5) business days of the exit interview. Compliance with all applicable regulations and law shall be maintained and any areas of noncompliance must be corrected. Within 15 calendar days of your receipt of the inspection findings (inspection summary, violation notice, and supplemental information), you may request a review and discussion of these findings with the inspector's immediate supervisor. To make a request for review and discussion, you must contact the licensing supervisor at the regional licensing office that serves your geographical area. Regardless of whether a supervisory review has been requested, the results of the inspection will be posted to the DSS public website within 5 business days of your receipt of the Inspection Summary and/ or Violation Notice. The department's inspection findings are subject to public disclosure. Please Note: A copy of the findings of the most recent inspection are required to be posted on the premises of the facility. For more information about the VDSS Licensing Programs, please visit: www.dss.virginia.gov Should you have any questions, please contact Jill James, Licensing Inspector at (540) 418-2631 or by email at Jill.James@dss.virginia.gov Violation Notice Issued: Yes A copy of this document will be sent to the licensee/provider for signature.
Violations
22VAC40-73-390-A
Based on staff interview, the facility failed to ensure there shall be a written agreement/acknowledgement of notification dated and signed by the resident or the appropriate legal representative, upon change of ownership.
Evidence
  1. The facility’s change of ownership went into effect on 10/15/2024.
  2. Staff 1 acknowledged that at the time of the inspection on 01/15/2025, new resident agreements had not been sent to any of the current residents.
Plan of correction
All residents who were admitted under the previous ownership were sent new Viva Senior Leases to sign with an effective date of 10/15/24. Sworn Disclosures were also signed by residents and or POA’s. Also included were their annual resident rights to sign under Viva Senior Living.
22VAC40-90-40-B
Based on record review and staff interview, the facility failed to obtain criminal history record reports (CHRR) on or prior to the 30th day of employment for current staff after a change in ownership.
Evidence
  1. The facility’s change of ownership was effective 10/15/2024. Staff 1 provided records for 43 current staff of which licensing staff completed a random audit of four records.
  2. On 1/15/2025, staff 1 acknowledged that a new CHRR had not been completed for any of the 43 current staff and confirmed that the following four staff did not have CHRR completed on or prior to the 30 days following the change of ownership on 10/15/2024: Staff 2 CHRR completed 03/25/2022 Staff 3 CHRR completed 10/11/2023 Staff 4 CHRR completed 09/08/2022 Staff 5 CHRR completed 10/31/2023
Plan of correction
Staff 1-5 completed their (CHRR) by 2/28/25. All current employees have completed a (CHRR) and is in their personnel file. Date of completion 3/1/25.
September 30, 2024Inspection0 violations
Inspection dates
09/30/2024
Areas reviewed
Building and Grounds
Comments
Number of residents present at the facility at the beginning of the inspection: The licensing inspector completed a tour of the physical plant that included the building and grounds of the facility. Number of resident records reviewed: 0 Number of staff records reviewed: 0 Number of interviews conducted with residents: 0 Number of interviews conducted with staff: 1 Observations by licensing inspector: Licensing Inspector observed residents participating in an activity program and getting ready for lunch. Additional Comments/Discussion: An exit meeting was be conducted to review the inspection findings. The evidence gathered during the inspection determined no violations with applicable standard(s) or law. The inspection summary will be posted to the VDSS website should the facility be issued a license to operate. The department's inspection findings are subject to public disclosure. Please Note: A copy of the findings of the most recent inspection are required to be posted on the premises of a licensed facility. For more information about the VDSS Licensing Programs, please visit: www.dss.virginia.gov Should you have any questions, please contact Sarah Pearson, Licensing Inspector at (540) 680-9469 or by email at sarah.pearson@dss.virginia.gov
Violations
✅
No violations cited
The inspector documented no violation of standards at this inspection.