Virginia Regulatory Town Hall
Virginia Department of Health
State Board of Health
Regulations for the Licensure of Hospitals in Virginia [12 VAC 5 ‑ 410]
Amend Regulation to Conform to Chapters 72 and 220 (2021 Acts of Assembly, Special Session I), to Conform to Chapters 1080, 1081, and 1088 (2020 Acts of Assembly), and to Update Clinical Standards
Action 6159
General Information
Action Summary This fast-track action is being utilized to conform 12VAC5-410-10 et seq. to the Code of Virginia and to update out-of-date regulatory provisions. Changes include amendments to address mandates found in: • Chapters 80 and 81 of the 2022 Acts of Assembly (minimum standards for any hospital that voluntarily installs a newborn safety device for the reception of children); • Chapter 218 of the 2022 Acts of Assembly (requiring hospitals that makes minors’ health records available to minors through a secure website to also make the health records available to the minor’s parent or guardian through the same website); • Chapters 678 and 679 of the 2022 Acts of Assembly (minimum standards for payment plans and providing information about charity care and financial assistance policies); • Chapter 72 of the 2021 Acts of Assembly, Special Session I (prohibition on discriminating against health insurance enrollee on the basis of the enrollee being a litigant or potential litigant due to a motor vehicle accident); • Chapter 220 of the 2021 Acts of Assembly, Special Session I (minimum requirements for designated support persons); • Chapters 1080 and 1081 of the 2020 Acts of Assembly (prohibition on balance billing); • Chapter 1088 of the 2020 Acts of Assembly (quarterly reporting of hospital employment of certified sexual assault nurse examiners); and • Chapters 177 and 222 of the 2005 Acts of Assembly (design and construction guidelines for hospitals). The changes also include minimum requirements for long-term care nursing units that are certified nursing facilities as required by Article 1 (§ 32.1-123 et seq.) of Chapter 5 of Title 32.1 of the Code of Virginia, updating breast milk storage requirements, removing unused terminology, improving terminology consistency, providing definitions for terms to match current clinical and industry practices, moving regulatory provisions to the appropriate part of 12VAC5-410-10 et seq., and revising provisions related to the licensing process and oversight procedures.
Chapters Affected Only affects this chapter.
Executive Branch Review This action will go through the normal Executive Branch Review process.
RIS Project Yes  [6374]
Associated Mandates
Result of Prior Periodic Review Filed 6/9/2020
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
9887 Fast-Track Secretary of Health and Human Resources review in progress.
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:
Phone: (804)367-2102    FAX: (804)527-4502    TDD: ()-

This person is the primary contact for this chapter.