Virginia Regulatory Town Hall
Virginia Department of Health
State Board of Health
Certified Nursing Facility Staffing Standards Regulation [12 VAC 5 ‑ 375]    (Under Development)
Guidance Documents
Chapter Information
Description This new regulatory chapter will include the following as directed by Chapters 482 and 483 (2023 Acts of Assembly): Imposition of administrative sanctions for failure to meet the staffing standards; Prohibition on the imposition of administrative sanctions except after reasonable notice and an opportunity to be heard pursuant to the APA; Requirements for each certified nursing facility eligible to participate in the Value Based Payor (VBP) program to provide at least 3.08 hours of case-mix adjusted total nurse staffing hours per resident per day on average as determined annually by DMAS; and exemptions for the imposition of iterative administrative sanctions for failing to meet the staffing mandate.
State Authority §§ 32.1-12 , 32.1-27.2 , and 32.1-127
Federal Authority None entered
Exempt from APA No, changes to this chapter are subject to the Administrative Process Act.
Text of Regulation Link to Virginia Administrative Code
Goals of Regulation The intention of the Board is to ensure the regulatory language fulfills the Board’s responsibilities under § 32.1-127 of the Code of Virginia and Chapters 482 and 483 (2023).

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:
Telephone: (804)367-2157    FAX: (804)527-4502    TDD: ()-
Current Actions
Action Title Latest Stage Status
Promulgation of New Regulation to Implement Chapters 482 and 483 of the 2023 Acts of Assembly NOIRA Secretary of Health and Human Resources review in progress.

Past Actions
Action Title Latest Stage Status