Virginia Regulatory Town Hall
Virginia Department of Health
State Board of Health
Regulations for the Licensure of Nursing Facilities [12 VAC 5 ‑ 371]
Action is Exempt from Article 2 of the Administrative Process Act
Amend Regulations to Conform to Requirements of HB343 of 2016
Action 4977
General Information
Action Summary House Bill 343 enacted by the 2016 General Assembly amends § 32.1-127 of the Code of Virginia to require the Board of Health to include in its regulations a provision requiring nursing homes to provide a full refund of any unexpended patient funds on deposit with the facility following the discharge or death of a patient within 30 days of a written request for such funds by the discharged patient or the person administering the patient’s estate in accordance with the Virginia Small Estate Act. The amendment changes the timeframe from 60 days to 30 days and a reference to the Virginia Small Estate Act is added. In addition, the amendment excludes entrance-related fees paid to a continuing care provider from this requirement. The Virginia Department of Health is utilizing this exempt action to amend the Regulations for the Licensure of Nursing Facilities (12VAC5-371 et. seq.) to reflect this new requirement.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: Section 2.2-4006A4a of the Code of Virginia
RIS Project Yes  [005383]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
8172 Final Stage complete. This regulation became effective on 02/21/2018.
Contact Information
Name / Title: Domica Winstead  / Policy Analyst
Address: Virginia Department of Health
9960 Mayland Drive, Ste. 401
Richmond, VA 23233
Email Address:
Phone: (804)367-2157    FAX: (804)527-4502    TDD: ()-