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 regulations to address implementation of voluntary electronic monitoring
[Withdrawn 7/24/2015]
 
Reason for Withdrawal
HB2130/SB974 of 2013 mandated that the department amend the regulations in order to codify a 2007 guideline the department developed to assist nursing facilities with the privacy intricacies related to installing electronic monitoring equipment. Subsequent to the fast track action being published in the Virginia Register, several stakeholder organizations stated to the department that certain provisions in the regulatory text go beyond the provisions of the 2007 guideline. The department agrees and plans to initiate a new fast track action that is more consistent with the provisions of the 2007 guideline.
General Information
Action Summary HB2130/SB974 of 2013 mandated that the department amend the regulations. This action codifies a 2007 guideline the department developed to assist nursing facilities with the privacy intricacies related to installing electronic monitoring equipment. Installing such equipment is not mandatory; however, if installed, facilities must safeguard resident's autonomy and rights according to current federal and state privacy laws and regulations. Subsequently, the guideline and proposed section provide the framework to address policies and procedures, informed consent, admission, discharge or transfer. The regulation includes the equipment request process and notice procedures, retention and ownership of tapes or recordings, and reporting suspected abuse, neglect, accident or injury discovered through electronic monitoring.
Chapters Affected Only affects this chapter.
Exempt from APA No, this action is not exempt from Article II of the APA and executive branch review.
RIS Project Yes  [003575]
Associated Mandates Implementation of Voluntary Electronic Monitoring in Nursing Home Residents' Rooms
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
6766 Fast-Track Stage withdrawn on 07/24/2015 during the public comment period.
 
Contact Information
Name / Title: Robert Payne  / Director, Office of Licensure and Certification
Address: Virginia Department of Health
9960 Mayland Drive, Ste. 401
Richmond, VA 23233
Email Address: robert.payne@vdh.virginia.gov
Phone: (804)367-2109    FAX: (804)527-4502    TDD: ()-

This person is the primary contact for this chapter.