Agencies | Governor
Virginia Regulatory Town Hall
Agency
Virginia Department of Health
Board
State Board of Health
chapter
Regulations for the Licensure of Nursing Facilities [12 VAC 5 ‑ 371]
Action:
Amend Regulation after Enactment of Chapters 712 and 772 of the 2022 Acts of Assembly
 
General Information
Action Summary Chapters 712 and 722 of the 2022 Acts of Assembly require the State Board of Health to amend its nursing home regulation to exempt from licensure temporary increase in the total number of beds in an existing nursing home to include “a temporary increase in the total number of beds resulting from the addition of beds at a temporary structure or satellite location operated by the…nursing home, provided that the ability remains to safely staff services across the existing…nursing home.” These acts also amended the exemption to now also be triggered by an emergency order entered pursuant to Va. Code § 32.1-13 or 32.1-20 for the purpose of suppressing a nuisance dangerous to public health or a communicable, contagious, or infectious disease or other danger to the public life and health. The duration of this exemption was amended to be either “a period of no more than the duration of the Commissioner's determination plus 30 days…when the Commissioner has determined that a natural or man-made disaster has caused the evacuation of a hospital or nursing home and that a public health emergency exists due to a shortage of hospital or nursing home beds” or “a period of no more than the duration of the emergency order entered pursuant to § 32.1-13 or 32.1-20 plus 30 days.”
Chapters Affected Only affects this chapter.
Exempt from APA No, this action is subject to Article 2 of the Administrative Process Act.
RIS Project Yes  [7196]
Associated Mandates Amend regulations to allow for expansion of bed availability in nursing homes or hospitals in case of emergency
New Periodic Review This action will not be used to conduct a new periodic review.
 
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Contact Information
Name / Title: Rebekah E. Allen  / Sr. Policy Analyst
Address: Virginia Department of Health
9960 Mayland Drive, Ste. 401
Richmond, VA 23233
Email Address: regulatorycomment@vdh.virginia.gov
Phone: (804)367-2102    FAX: (804)527-4502    TDD: ()-

This person is the primary contact for this chapter.