A. This chapter is not applicable to:

1. Those entities listed in § 32.1-124 of the Code of Virginia; and

2. Facilities established or operated for the practice of religious tenets pursuant to § 32.1-128 of the Code of Virginia, except that such facilities shall comply with the statutes and regulations on environmental protection and life safety.

B. A license to operate a nursing facility is issued to a person or organization. An organization may be a partnership, association, corporation, or public entity.

C. Each license and renewal thereof shall be issued for one year. A nursing facility shall operate within the terms of its license, which include the Each license issued by the commissioner shall specify:

1. Name of the nursing facility;

2. Name of the operator;

3. Physical location of the nursing facility;

4. Maximum number of beds allowed, excluding temporary beds added pursuant to 12VAC5-371-45; and

5. Date the license expires.

D. A separate license shall be required for nursing facilities maintained on separate premises, even though they are owned or are operated under the same management.

E. Every nursing facility shall be designated by a permanent and unique name.

F. The number of resident beds allowed in a nursing facility shall be determined by the department. Requests to increase beds must be made in writing and must include an approved Certificate of Public Need, except as provided in 12VAC5-371-40 G 12VAC5-371-45.

G. Nursing facility units located in and operated by hospitals shall be licensed under Regulations for the Licensure of Hospitals in Virginia (12VAC5-410). Approval for such units shall be included on the annual license issued to each hospital.

H. Any person establishing, conducting, maintaining, or operating a nursing facility without a license shall be guilty of a Class 6 felony.

A. Upon request, the OLC will provide consultation to any person seeking information about obtaining a license. The purpose of such consultation is to:

1. Explain the standards and the licensing process;

2. Provide assistance in locating other sources of information;

3. Review the potential applicant's proposed program plans, forms, and other documents, as they relate to standards; and

4. Alert the potential applicant regarding the need to meet other state and local ordinances, such as fire and building codes and environmental health standards, where applicable.

B. Licensees and applicants shall obtain licensure applications from the OLC.

C. The OLC shall consider the application complete when all requested information and the application fee is submitted with the form required. If the OLC finds the application incomplete, the applicant will be notified of receipt of the incomplete application.

D. The applicant shall complete and submit the initial application to the OLC at least 30 days prior to a planned opening date to allow the OLC time to act on the application. An application for a license may be withdrawn at any time.

E. A nursing facility may not be licensed without first complying with the requirements for a Certificate of Public Need as required by Article 1.1. (§ 32.1-102.1 et seq.) of Chapter 4 of Title 32.1 of the Code of Virginia.

1. Application for initial license of a nursing facility shall include a statement of any agreement made with the commissioner as a condition for Certificate of Public Need approval to provide a level of care at a reduced rate to indigents or accept patients requiring specialized care.

2. Any initial license issued to any nursing facility that made such agreement as a condition of its Certificate of Public Need approval shall not be renewed without demonstrating prior to or at the time of applying for renewal that it is substantially complying with its agreement.

F. The renewal of a nursing facility license shall be conditioned upon the up-to-date payment of any civil penalties owed as a result of willful refusal, failure, or neglect to honor certain conditions established in their award of a Certificate of Public Need pursuant to § 32.1-102.4 B of the Code of Virginia.

G. Nursing facilities shall be exempt, for a period of no more than 30 days, from the requirement to obtain a license to add temporary beds 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.

H. G. The licensee shall submit the completed renewal application form along with any required attachments and the application fee by the date indicated in the cover letter.

I. H. It is the licensee's responsibility to complete and return the application to assure timely processing. Should a current license expire before a new license is issued, the current license shall remain in effect provided the complete and accurate application was filed on time.

A. A nursing home shall be exempt from the requirement to obtain a Certificate of Public Need or a license to add temporary beds, including beds located in a temporary structure or satellite location operated by a nursing home:

1. If the commissioner has determined that a natural disaster 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 nursing home beds.; or

2. If the board has entered an emergency order pursuant to § 32.1-13 of the Code of Virginia or if the commissioner has entered an emergency order pursuant to §§ 32.1-13 and 32.1-20 of the Code of Virginia for the purpose of suppressing:

a. A nuisance dangerous to public health;

b. A communicable, contagious, or infectious disease; or

c. Other danger to the public life and health.

B. A nursing home may request temporary beds by filing a Request for Temporary Beds, OLC-1009-F (eff. 06/22), with the OLC that includes:

1. The nursing home’s name;

2. The nursing home’s license number;

3. The nursing home administrator’s or his designee’s name;

4. The nursing home administrator’s or his designee’s name telephone number;

5. The nursing home administrator’s or his designee’s name email address;

6. The number and type of temporary beds the nursing home anticipates adding;

7. The planned use of the temporary beds;

8. The plans for staffing the temporary beds;

9. The efforts undertaken or to be undertaken to reduce or eliminate the number of temporary beds needed;

10. The address of the building, temporary structure, or satellite location where the nursing home intends to locate the temporary beds;

11. The specific locations within the building, temporary structure, or satellite location where the nursing home intends to locate the temporary beds;

12. Whether the locations identified in subdivision B 11 of this section meet life safety code requirements for the type of residents expected to occupy those temporary beds;

13. If life safety code requirements are not currently met for the locations identified in subdivision B 11 of this section, what action the nursing home will take to meet life safety code requirements; and

14. Any other information that the board or commissioner may request.

C. The nursing home shall provide additional information as may be requested or required by the commissioner to evaluate the temporary bed request.

D. The commissioner shall notify the nursing home in writing of the commissioner's decision on the temporary bed request. If granted, the commissioner may attach conditions to the approval that, in the sole judgment of the commissioner, protects the public’s or residents’ health, safety, or welfare.

E. The nursing home may not add temporary beds unless its request has been granted and may not operate temporary beds more than 30 days after the expiration of:

1. The commissioner’s determination pursuant to subdivision A 1 of this section; or

2. The board’s or the commissioner’s emergency order pursuant to subdivision A 2 of this section.

F. The nursing home shall notify the OLC in writing within 24 hours of opening a temporary bed and within 24 hours of closing a temporary bed.

G. The OLC shall promptly inform the Department of Medical Assistance Services and the Centers for Medicare and Medicaid Services of the identity of any nursing home certified as a Medicare provider or Medicaid provider or both that fails to comply with subsection E of this section.

H. The commissioner may rescind or modify the approval of a temporary bed request if:

1. Additional information becomes known that alters the basis for the original approval, including if the nursing home added temporary beds prior to receiving the approval; or

2. The nursing home fails to meet any conditions attached to the approval.

Application for License Renewal: Nursing Homes (rev. 9/06).

Application for License Renewal: Nursing Homes; Mid Year, Initial and Changes (rev. 9/06).

Request for Temporary Beds, OLC-1009-F (eff. 06/22).