Code of Virginia - Title 32.1 Health - Chapter 5 Regulation Of Medical Care Facilities And Services

32.1-123 Definitions
As used in this article unless a different meaning or construction is clearly required by the context or otherwise: "Certified nursing facility" means any skilled ...
32.1-124 Exemptions
The provisions of §§ 32.1-123 through 32.1-136 shall not be applicable to: (i) a dispensary or first-aid facility maintained by any commercial or industrial plant, ...
32.1-125 Establishment or operation of hospitals and nursing homes prohibited without license or certificati...
A. No person shall own, establish, conduct, maintain, manage or operate in this Commonwealth any hospital or nursing home unless such hospital or nursing home ...
32.1-125.01 Failing to report; penalty
Any hospital or nursing home that has not paid civil penalties assessed for failing to report pursuant to § 54.1-2400.6 shall not be issued a ...
32.1-125.1 Inspection of hospitals by state agencies generally
As used in this section unless the context requires a different meaning, "hospital" means a hospital as defined in § 32.1-123 or § 37.2-100. State ...
32.1-125.2 Disclosure of other providers of services
A. 1. Any hospital which has, or is affiliated with or under the common control of a holding company that has, a financial interest in ...
32.1-125.3 Bed capacity and licensure in hospitals designated as critical access hospitals; designation as rur...
A. Any medical care facility licensed as a hospital pursuant to this article that (i) has been certified, as provided in § 32.1-122.07, as a ...
32.1-125.4 Retaliation or discrimination against complainants
No hospital may retaliate or discriminate in any manner against any person who (i) in good faith complains or provides information to, or otherwise cooperates ...
32.1-125.5 Confidentiality of complainant's identity
Whenever the Department conducts inspections and investigations in response to complaints received from the public, the identity of the complainant and the identity of any ...
32.1-126 Commissioner to inspect and to issue licenses to or assure compliance with certification requiremen...
A. Pursuant to this article, the Commissioner shall issue licenses to, and assure compliance with certification requirements for hospitals and nursing homes, and assure compliance ...
32.1-126.01 Employment for compensation of persons convicted of certain offenses prohibited; criminal records c...
A. A licensed nursing home shall not hire for compensated employment, persons who have been convicted of murder or manslaughter as set out in Article ...
32.1-126.02 Hospital pharmacy employees; criminal records check required
A. A licensed hospital shall obtain, within sixty days of employment of any compensated employee of the hospital whose duties will provide access to controlled ...
32.1-126.1 Asbestos inspection for hospitals
The Commissioner shall not issue a license to or renew the license of any hospital which is located in a building built prior to 1978 ...
32.1-126.2 Fire suppression systems required in nursing facilities and nursing homes
After January 1, 1993, the Commissioner shall not issue a license to or renew the license of any nursing facility or nursing home, regardless of ...
32.1-126.3 Fire suppression systems required in hospitals
After January 1, 1998, the Commissioner shall not issue a license to or renew the license of any hospital, regardless of when such facility was ...
32.1-126.4 Hospital standing orders or protocols for certain vaccinations
A. A hospital may provide or arrange for the administration under a standing order or protocol approved by a member or committee of the hospital's ...
32.1-127 Regulations
A. The regulations promulgated by the Board to carry out the provisions of this article shall be in substantial conformity to the standards of health, ...
32.1-127.01 Regulations to authorize certain sanctions and guidelines
The regulations established pursuant to § 32.1-127 shall authorize the Commissioner to initiate court proceedings against nursing homes and certified nursing facilities, except for facilities ...
32.1-127.1 Immunity from liability for routine referral for organ and tissue donation
Any chief administrative officer of a hospital or his designee who administers the routine referral required by § 32.1-127 and any representative of any organ ...
32.1-127.1:01 Record storage
A. Medical records, as defined in § 42.1-77, may be stored by computerized or other electronic process or microfilm, or other photographic, mechanical, or chemical ...
32.1-127.1:02 Description unavailable
Repealed by Acts 1997, c. 682. ...
32.1-127.1:03 Health records privacy
A. There is hereby recognized an individual's right of privacy in the content of his health records. Health records are the property of the health ...
32.1-127.1:04 Use or disclosure of certain protected health information required
A. The coordination of prevention and control of disease, injury, or disability and the delivery of health care benefits are hereby declared to be (i) ...
32.1-127.2 Description unavailable
Repealed by Acts 1991, c. 94. ...
32.1-127.3 Immunity from liability for certain free health care services
A. No hospital employee who renders health care services at his place of employment and within the limits of his licensure, certification, or multistate licensure ...
32.1-128 Applicability to hospitals and nursing homes for practice of religious tenets
Nothing in this article shall be construed to authorize or require the interference with or prevention of the establishment or operation of a hospital or ...
32.1-129 Application for license
Each application for a hospital or nursing home license shall be made on a form prescribed by the Board. The application shall specify the official ...
32.1-130 Service charges
A. A service charge of $1.50 per patient bed for which the hospital or nursing home is licensed, but not less than $75 nor more ...
32.1-131 Expiration and renewal of licenses
All licenses shall expire at midnight December 31 of the year issued, or as otherwise specified, and shall be required to be renewed annually. (Code ...
32.1-132 Alterations or additions to hospitals and nursing homes; when new license required; use of inpatien...
A. Any person who desires to make any substantial alteration or addition to or any material change in any hospital or nursing home shall, before ...
32.1-133 Display of license
The current license shall at all times be posted in each hospital or nursing home in a place readily visible and accessible to the public. ...
32.1-134 Family planning information in hospitals providing maternity care
Every hospital providing maternity care shall, prior to releasing each maternity patient, make available to such patient family planning information and a list of family ...
32.1-134.01 Certain information required for maternity patients
Every licensed nurse midwife, licensed midwife, or hospital providing maternity care shall, prior to releasing each maternity patient, make available to such patient and, if ...
32.1-134.1 When denial, etc., to duly licensed physician of staff membership or professional privileges improp...
It shall be an improper practice for the governing body of a hospital which has twenty-five beds or more and which is required by state ...
32.1-134.2 Clinical privileges for certain practitioners
The grant or denial of clinical privileges to licensed podiatrists and certified nurse midwives licensed as nurse practitioners pursuant to § 54.1-2957 by any hospital ...
32.1-134.3 Response to applications for clinical privileges
Whenever a podiatrist or certified nurse midwife licensed as a nurse practitioner makes application to any hospital for clinical privileges, the hospital shall either approve ...
32.1-134.4 Right of podiatrists or nurse practitioners to injunction
Any licensed podiatrist or certified nurse midwife licensed as a nurse practitioner in Virginia who is aggrieved by any violation of § 32.1-134.2 or § ...
32.1-135 Revocation or suspension of license or certification; restriction or prohibition of new admissions ...
A. In accordance with applicable regulations of the Board, the Commissioner (i) may restrict or prohibit new admissions to any nursing home or certified nursing ...
32.1-135.1 Certain advertisements prohibited
No hospital licensed under the provisions of this chapter shall include in any advertisement death rate statistics in such manner as to suggest the relative ...
32.1-135.2 Offer or payment of remuneration in exchange for referral prohibited
No hospital licensed pursuant to this chapter shall knowingly and willfully offer or pay any remuneration directly or indirectly, in cash or in kind, to ...
32.1-136 Violation; penalties
Any person owning, establishing, conducting, maintaining, managing or operating a hospital or nursing home which is not licensed as required by this article shall be ...
32.1-137 Certification of medical care facilities under Title XVIII of Social Security Act
The Board shall constitute the sole agency of the Commonwealth to enter into contracts with the United States government for the certification of medical care ...
32.1-137.1 Definitions
As used in this and the following article, unless the context indicates otherwise: "Agent" or "insurance agent," when used without qualification, means an individual, partnership, ...
32.1-137.2 Certification of quality assurance; application; issuance; denial; renewal
A. Every managed care health insurance plan licensee shall request a certificate of quality assurance with reference to its managed care health insurance plans simultaneously ...
32.1-137.3 Regulations
Consistent with its duties to protect the health, safety, and welfare of the public, the Board shall promulgate regulations, consistent with this article, governing the ...
32.1-137.4 Examination, review or investigation
A. The Commissioner shall cause each managed care health insurance plan licensee subject to certification under this article to be examined or reviewed for each ...
32.1-137.5 Civil penalties; probation; suspension; restriction or prohibition of new enrollments to managed ca...
A. In accordance with applicable regulations of the Board and in consultation with the Bureau of Insurance, the Commissioner (i) may impose civil penalties, which ...
32.1-137.6 Complaint system
A. Each managed care health insurance plan licensee subject to § 32.1-137.2 shall establish and maintain for each of its managed care health insurance plans ...
32.1-137.7 Definitions
As used in this article: "Adverse decision" means a utilization review determination by the utilization review entity that a health service rendered or proposed to ...
32.1-137.8 Application to and compliance by utilization review entities
A. No utilization review entity shall perform utilization review with regard to hospital, medical or other health care resources rendered or proposed to be rendered ...
32.1-137.9 Requirements and standards for utilization review entities
A. Each entity shall establish reasonable and prudent standards and criteria to be applied in utilization review determinations with input from physician advisors representing major ...
32.1-137.10 Utilization review plan required
A. Each utilization review entity subject to this article shall adopt a utilization review plan that contains procedures for complying with the requirements and standards ...
32.1-137.11 Accessibility of utilization review entity
A utilization review entity shall provide accessibility for covered persons and providers by free telephone at least forty hours per week during normal business hours. ...
32.1-137.12 Emergencies; extensions; access to and confidentiality of patient-specific medical records and info...
A. For emergency health care, authorization may be requested by the covered person, his representative, or his provider either within forty-eight hours of or by ...
32.1-137.13 Adverse decision
A. The treating provider shall be notified in writing of any adverse decision within two working days of the decision; however, the treating provider shall ...
32.1-137.14 Reconsideration of adverse decision
A. Any reconsideration of an adverse decision shall be requested by the provider on behalf of the covered person. A decision on reconsideration shall be ...
32.1-137.15 Final adverse decision; appeal
A. Each entity shall establish an appeals process, including a process for expedited appeals, to consider any final adverse decision that is appealed by a ...
32.1-137.16 Records
Every entity subject to Article 1.1 (§ 32.1-137.1 et seq.) of Chapter 5 of this title and this article shall maintain or cause to be ...
32.1-137.17 Limitation on Commissioner's jurisdiction
The Commissioner shall have the right to determine compliance with this article; however, the Commissioner shall have no jurisdiction to adjudicate individual controversies arising out ...
32.1-138 Enumeration; posting of policies; staff training; responsibilities devolving on guardians, etc.; ex...
A. The governing body of a nursing home facility required to be licensed under the provisions of Article 1 (§ 32.1-123 et seq.) of this ...
32.1-138.1 Implementation of transfer and discharge policies
A. To implement and conform with the provisions of subdivision A 4 of § 32.1-138, a facility may discharge the patient, or transfer the patient, ...
32.1-138.2 Certain contract provisions prohibited
No contract or agreement for nursing home care shall contain any provisions which restrict or limit the ability of a resident to apply for and ...
32.1-138.3 Third party guarantor prohibition
Any facility certified under Title XVIII or XIX of the United States Social Security Act shall not require a third party guarantee of payment to ...
32.1-138.4 Retaliation or discrimination against complainants
No nursing facility may retaliate or discriminate in any manner against any person who (i) in good faith complains or provides information to, or otherwise ...
32.1-138.5 Confidentiality of complainant's identity
Whenever the Department conducts inspections and investigations in response to complaints received from the public, the identity of the complainant and the identity of any ...
32.1-138.6 Definitions
In this chapter the following terms have the meanings indicated: "Certificate of registration" means a certificate of registration granted by the Department of Health to ...
32.1-138.7 Certificates of registration required; issuance; transferability; regulations
A private review agent may not conduct utilization reviews in the Commonwealth unless the Department has granted the private review agent a certificate of registration. ...
32.1-138.8 Consultation with health regulatory boards
If in the administration of this article a question concerning compliance with standards of practice governing any health care profession arises pursuant to Subtitle III ...
32.1-138.9 Standards for approval
Each private review agent shall file an application with the Department which shall meet the following minimum standards and any additional standards established by regulation ...
32.1-138.10 Expiration; renewal
Each certificate of registration shall expire on the second anniversary of its effective date unless the certificate of registration is renewed for a two-year term ...
32.1-138.11 Denial; revocation
A. The Department may deny a certificate of registration to any applicant if, upon review of the application, it finds that the applicant proposing to ...
32.1-138.12 Waiver of requirements of article
The Department shall waive the requirements of this article for a private review agent that operates under contract with the federal government for utilization review ...
32.1-138.13 Access to and confidentiality of patient-specific medical records and information
Private review agents who have been granted a certificate of registration by the Department shall have reasonable access to patient-specific medical records and information to ...
32.1-138.14 No private right of action created
This article shall not be construed to create a private right of action against a private review agent on behalf of a subscriber, policyholder, member, ...
32.1-138.15 Regulations
The Department shall promulgate regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), to implement the provisions of this article, which shall include, ...
32.1-139 through 32.1-144
Repealed by Acts 1993, c. 203. ...
32.1-145 through 32.1-147
Repealed by Acts 2003, c. 641, cl. 2. ...
32.1-148 through 32.1-156
Repealed by Acts 1996, c. 899. ...
32.1-157 through 32.1-162
Repealed by Acts 1984, c. 497. ...
32.1-162.1 Definitions
As used in this article unless a different meaning or construction is clearly required by the context or otherwise: "Hospice" means a coordinated program of ...
32.1-162.2 Exemption from article
The provisions of this article shall not be applicable to a hospice established or operated for the practice of religious tenets of any recognized church ...
32.1-162.3 License required for hospice programs; notice of denial of license; renewal thereof
A. No person shall establish or operate a hospice or a hospice facility without a license issued pursuant to this article. B. The Commissioner shall ...
32.1-162.4 Inspections
The Commissioner may cause each hospice licensed under this article to be periodically inspected at reasonable times. (1981, c. 346.) ...
32.1-162.5 Regulations
The Board shall prescribe such regulations governing the activities and services provided by hospices as may be necessary to protect the public health, safety and ...
32.1-162.6 Revocation or suspension of license
A. The Commissioner is authorized to revoke or suspend any license issued hereunder if the holder of the license fails to comply with the provisions ...
32.1-162.7 Definitions
As used in this article: "Health care professional" means any professional who is licensed, certified or registered to practice by a board within the Department ...
32.1-162.8 Exemptions from article
The provisions of this article shall not be applicable to: 1. A natural person who provides services to a patient or individual on an individual ...
32.1-162.9 Licenses required; renewal thereof
A. No person shall establish or operate a home care organization without a license issued pursuant to this article unless he is exempt from licensure ...
32.1-162.9:1 Employment for compensation of persons convicted of certain offenses prohibited; criminal records c...
A. A licensed home care organization as defined in § 32.1-162.7 or any home care organization exempt from licensure under subdivision 3 a, b, or ...
32.1-162.10 Inspections
The Commissioner may cause each home care organization licensed under this article to be periodically inspected at reasonable times. Notwithstanding the foregoing or any other ...
32.1-162.11 Liability insurance and surety bond required
The Board shall establish liability insurance and surety bond requirements adequate to compensate patients or individuals for injuries and losses resulting from the negligent or ...
32.1-162.12 Regulations
The Board shall prescribe such regulations governing the activities and services provided by home care organizations as may be necessary to protect the public health, ...
32.1-162.13 Revocation or suspension of license
A. The Commissioner is authorized to revoke or suspend any license issued hereunder if the holder of the license fails to comply with the provisions ...
32.1-162.14 Description unavailable
Repealed by Acts 2003, c. 449. ...
32.1-162.15 Violation; penalties
Any person owning, establishing, conducting, maintaining, managing or operating a home care organization which is not licensed as required by this article shall be guilty ...

Last modified: April 3, 2009