Virginia 2023 Regular Session Status: Enacted

SB 1339 — Certified nursing facilities; minimum staffing standards, administrative sanctions.

Last action — Acts of Assembly Chapter text (CHAP0483)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 11, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 24, 2023.

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Advancing 38% · moderate confidence

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  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

508 added · 487 removed

Plain-language change summary

The amendment adds new language to specify how civil penalties for Class I and Class II violations will be enforced, including the method of notification to the facility about such violations. This includes stipulating that notice must be either hand-delivered or sent by overnight express mail or registered or certified mail, ensuring that facilities receive clear communication regarding any alleged infractions. These changes clarify the process for imposing penalties and enhance the accountability of certified nursing facilities.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact §§ 32.1-27.1 and 32.1-127 of the Code of Virginia and to amend the Code certified nursing facilities;
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 483 An Act to amend and reenact §§ 32.1-27.1 and 32.1-127 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-27.2, relating to minimum staffing standards for certified nursing facilities;
administrative sanctions.ating to minimum staffing standards fRr O [S 1339] L Approved L Be it enacted by the General Assembly of Virginia:
administrative sanctions.
E 1.
[S 1339] Approved March 24, 2023 Be it enacted by the General Assembly of Virginia:
That §§ 32.1-27.1 and 32.1-127 of the Code of Virginia are amended and reenacted and that thD Cod§ 32.1-27.1.
Additional civil penalty or appointment of a receiver.follows:
A.
In addition to the remedies provided in § §§ 32.1-27 and 32.1-27.2, the civil penalties set forth in this section may be imposed by the circuit court for the city or county in which the facility is located as follows:
That §§ 32.1-27.1 and 32.1-127 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 32.1-27.2 as follows:
§ 32.1-27.1.
Additional civil penalty or appointment of a receiver.
A.
In addition to the remedies provided in § §§ 32.1-27 and 32.1-27.2, the civil penalties set forth in this section may be imposed by the circuit court for the city or county in which the facility is located as fol1.
B 2.
2.
A civil penalty for a Class II violation shall not exceed the lesser of $5 per licensed o3 certified notified of the violation.ch day the facility is in violation, beginning on the date the facili9y was first In the event federal law or regulations require a civil penalty in excess of the amounts set forth above for Class I or Class II violations, then the lowest amounts required by such federal law or regulations shall become the maximum civil penalties under this section.
A civil penalty for a Class II violation shall not exceed the lesser of $5 per licensed or certified bed or $250 per day for each day the facility is in violation, beginning on the date the facility was first notified of the violation.
In the event federal law or regulations require a civil penalty in excess of the amounts set forth above for Class I or Class II violations, then the lowest amounts required by such federal law or regulations shall become the maximum civil penalties under this section.
Department for the cost of implementation of this section, to be applied to the protection of the health or property of residents or patients of facilities that the Commissioner or the United States Secretary of Health and Human Services finds in violation, including payment for the costs for relocation of patients, maintenance of temporary management or receivership to operate a facility pending correction of a violation, and for reimbursement to residents or patients of lost personal funds.
All civil penalties received pursuant to this subsection shall be paid into a special fund of the Department for the cost of implementation of this section, to be applied to the protection of the health or property of residents or patients of facilities that the Commissioner or the United States Secretary of Health and Human Services finds in violation, including payment for the costs for relocation of patients, maintenance of temporary management or receivership to operate a facility pending correction of a violation, and for reimbursement to residents or patients of lost personal funds.
In addition to the remedies provided in § §§ 32.1-27 and 32.1-27.2 and the civil penalties set forth in subsection A of this section, the Commissioner may petition the circuit court for the jurisdiction in which any nursing home or certified nursing facility as defined in § 32.1-123 is located for the home or certified nursing facility shall (i) receive official notice from the Commissioner that its license has been or will be revoked or suspended, or that its Medicare or Medicaid certification has been or will be cancelled or revoked;
In addition to the remedies provided in § §§ 32.1-27 and 32.1-27.2 and the civil penalties set forth in subsection A of this section, the Commissioner may petition the circuit court for the jurisdiction in which any nursing home or certified nursing facility as defined in § 32.1-123 is located for the appointment of a receiver in accordance with the provisions of this subsection whenever such nursing home or certified nursing facility shall (i) receive official notice from the Commissioner that its license has been or will be revoked or suspended, or that its Medicare or Medicaid certification has been or will be cancelled or revoked;
or (iv) operate at any time under conditions which present a major and continuing threat to the health, safety, security, rights or welfare of the patients, including the threat of imminent abandonment inability to pay for essential food, pharmaceuticals, personnel, or required insurance;
or (iv) operate at any time under conditions which present a major and continuing threat to the health, safety, security, rights or welfare of the patients, including the threat of imminent abandonment by the owner or operator, or a pattern of failure to meet ongoing financial obligations such as the inability to pay for essential food, pharmaceuticals, personnel, or required insurance;
The court may grant the petition if it finds any one of the conditions identified in (i) through (iv) above to exist in combination with the condition identified in (v) and the court further finds that granted.ditions will not be remedied and that the patients will not be protected unless the petition is No receivership established under this subsection shall continue in effect for more than 180 days of 9 without further order of the court, nor shall the receivership continue in effect following the revocation of the nursing home's license or the termination of the certified nursing facility's Medicare or Medicaid provider agreement, except to enforce any post-termination duties of the provider as required by the provisions of the Medicare or Medicaid provider agreement.
The court may grant the petition if it finds any one of the conditions identified in (i) through (iv) above to exist in combination with the condition identified in (v) and the court further finds that such conditions will not be remedied and that the patients will not be protected unless the petition is granted.
No receivership established under this subsection shall continue in effect for more than 180 days without further order of the court, nor shall the receivership continue in effect following the revocation of the nursing home's license or the termination of the certified nursing facility's Medicare or Medicaid of 8 provider agreement, except to enforce any post-termination duties of the provider as required by the provisions of the Medicare or Medicaid provider agreement.
of 9 C.
C.
Prior to restricting or prohibiting new admissions to a certified nursing facility, suspending or refusing to renew or reinstate any nursing home license, or revoking any nursing home license iEsued pursuant to Article 1 (§ 32.1-123 et seq.) of Chapter 5, the Commissioner shall first impose the following iterative administrative sanctions:
Prior to restricting or prohibiting new admissions to a certified nursing facility, suspending or refusing to renew or reinstate any nursing home license, or revoking any nursing home license issued pursuant to Article 1 (§ 32.1-123 et seq.) of Chapter 5, the Commissioner shall first impose the following iterative administrative sanctions:
N 1.
1.
When a certified nursing facility is not in compliance with subdivision B 32 of § 32.1-12R and the conditions under subsection B do not exist, the Commissioner shall require the submission of an annual Commissioner, compliance with such plan.
When a certified nursing facility is not in compliance with subdivision B 32 of § 32.1-127 and the of 8 conditions under subsection B do not exist, the Commissioner shall require the submission of an annual corrective action plan by a certified nursing facility and, upon approval of such plan by the Commissioner, compliance with such plan.
The Commissioner shall consider evidence of direct care staff hours provided in addition to the payroll based journal report, if requested by a ceEtified nursing facility, and may or may not impose a corrective action plan under this section.
The Commissioner shall consider evidence of direct care staff hours provided in addition to the payroll based journal report, if requested by a certified nursing facility, and may or may not impose a corrective action plan under this section.
D a.
a.
If the annual measurement immediately subsequent to issuance of the corrective action plan shows compliance with subdivision B 32 of § 32.1-127, no additional administrative sanctions are warranted, the Virginia Public Records Act (§ 42.1-76 et seq.);
If the annual measurement immediately subsequent to issuance of the corrective action plan shows compliance with subdivision B 32 of § 32.1-127, no additional administrative sanctions are warranted, and the corrective action plan is deemed inactive but shall be retained by the Commissioner pursuant to the Virginia Public Records Act (§ 42.1-76 et seq.);
orhall be retained by the Commissioner pursuant to b.
or b.
If the annual measurement immediately subsequent to issuance of the corrective action plan still shows noncompliance with subdivision B 32 of § 32.1-127, but the VBP program, as administered by the Department of Medical Assistance Services, indicates defined improvement on the total nurse staSfing hours metric, the Commissioner shall repeat the provisions of subdivision 1;
If the annual measurement immediately subsequent to issuance of the corrective action plan still shows noncompliance with subdivision B 32 of § 32.1-127, but the VBP program, as administered by the Department of Medical Assistance Services, indicates defined improvement on the total nurse staffing hours metric, the Commissioner shall repeat the provisions of subdivision 1;
or 1 c.
or c.
If the annual measurement immediately subsequent to issuance of the corrective action plan still shows noncompliance with subdivision B 32 of § 32.1-127, and the VBP program, as administered bE the Department of Medical Assistance Services, does not indicate defined improvement on the totRl nurse staffing hours metric, the Commissioner shall repeat the provisions of subdivision 1 and may, under circumstances described, provide additional sanctions under subdivisions 2 and 3;
If the annual measurement immediately subsequent to issuance of the corrective action plan still shows noncompliance with subdivision B 32 of § 32.1-127, and the VBP program, as administered by the Department of Medical Assistance Services, does not indicate defined improvement on the total nurse staffing hours metric, the Commissioner shall repeat the provisions of subdivision 1 and may, under circumstances described, provide additional sanctions under subdivisions 2 and 3;
in subdivision 1 c are obtained a second consecutive time, the Commissioner may impose a monetaryticulated penalty of up to $50,000 for each subsequent consecutive annual period in which compliance with subdivision B 32 of § 32.1-127 or defined improvement on the total nurse staffing hours metric under the VBP program is not attained;
2.
To the extent that any consecutive annual corrective action plan is required and results articulated in subdivision 1 c are obtained a second consecutive time, the Commissioner may impose a monetary penalty of up to $50,000 for each subsequent consecutive annual period in which compliance with subdivision B 32 of § 32.1-127 or defined improvement on the total nurse staffing hours metric under the VBP program is not attained;
A certified nursing facility sanctioned by the Commissioner shall retain responsibility for the such persons as may be deemed necessary by the Commissioner in compliance with state and federalation of discharge rights and protections for nursing home residents.
A certified nursing facility sanctioned by the Commissioner shall retain responsibility for the health, safety, and welfare of any person under its care, including the timely transfer or relocation of such persons as may be deemed necessary by the Commissioner in compliance with state and federal discharge rights and protections for nursing home residents.
The Board shall promulgate regulations to implement the provisions of this section consistent with the§ 32.1-127.
The Board shall promulgate regulations to implement the provisions of this section consistent with the Administrative Process Act (§ 2.2-4000 et seq.).
Regulations.Act (§ 2.2-4000 et seq.).
§ 32.1-127.
Regulations.
(ii) the operation, staffing and equipping of hospitals, nursing homes certified nursing facilities, except those professionals licensed or certified by the Department of Healthnd Professions;
(ii) the operation, staffing and equipping of hospitals, nursing homes and certified nursing facilities;
(iv) conditions under which a hospital or nursing home may provide medical and nursing of 9 services to patients in their places of residence;
(iii) qualifications and training of staff of hospitals, nursing homes and certified nursing facilities, except those professionals licensed or certified by the Department of Health Professions;
(iv) conditions under which a hospital or nursing home may provide medical and nursing services to patients in their places of residence;
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Shall also require that each hospital establish a protocol for organ donation, in compliance with federal law and the regulations of the Centers for Medicare and Medicaid Services (CMS), particularly 42 C.F.R.
Shall also require that each hospital establish a protocol for organ donation, in compliance with of 8 federal law and the regulations of the Centers for Medicare and Medicaid Services (CMS), particularly C.F.R.
Shall require that each nursing home and certified nursing facility train all employees who are mandated to report adult abuse, neglect, or exploitation pursuant to § 63.2-1606 on such reporting of 9 procedures and the consequences for failing to make a required report;
Shall require that each nursing home and certified nursing facility train all employees who are mandated to report adult abuse, neglect, or exploitation pursuant to § 63.2-1606 on such reporting procedures and the consequences for failing to make a required report;
Shall permit hospital personnel, as designated in medical staff bylaws, rules and regulaEions, or hospital policies and procedures, to accept emergency telephone and other verbal orders for medication or treatment for hospital patients from physicians, and other persons lawfully authorized by state statute to give patient orders, subject to a requirement that such verbal order be signed, within a reaRonable period of time not to exceed 72 hours as specified in the hospital's medical staff bylaws, rules and not available within the period of time specified, co-signed by another physician or other personrson is authorized to give the order;
Shall permit hospital personnel, as designated in medical staff bylaws, rules and regulations, or hospital policies and procedures, to accept emergency telephone and other verbal orders for medication or treatment for hospital patients from physicians, and other persons lawfully authorized by state statute to give patient orders, subject to a requirement that such verbal order be signed, within a reasonable period of time not to exceed 72 hours as specified in the hospital's medical staff bylaws, rules and regulations or hospital policies and procedures, by the person giving the order, or, when such person is not available within the period of time specified, co-signed by another physician or other person authorized to give the order;
L 12.
12.
Shall require, unless the vaccination is medically contraindicated or the resident declines the offer of the vaccination, that each certified nursing facility and nursing home provide or arrange for the administration to its residents of (i) an annual vaccination against influenza and (ii) a pneumEcoccal vaccination, in accordance with the most recent recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention;
Shall require, unless the vaccination is medically contraindicated or the resident declines the offer of the vaccination, that each certified nursing facility and nursing home provide or arrange for the of 8 administration to its residents of (i) an annual vaccination against influenza and (ii) a pneumococcal vaccination, in accordance with the most recent recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention;
D 13.
13.
Shall require that each nursing home and certified nursing facility register with the Department of State Police to receive notice of the registration, reregistration, or verification of registration information to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 within the same or a contiguous zip code area in which the home or facility is located, pursuant to § 9.1-914;
Shall require that each nursing home and certified nursing facility register with the Department of State Police to receive notice of the registration, reregistration, or verification of registration information of any person required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 within the same or a contiguous zip code area in which the home or facility is located, pursuant to § 9.1-914;
Shall require that each nursing home and certified nursing facility ascertain, prior to admission, whether a potential patient is required to register with the Sex Offender and Crimes Against MiSors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, if the home or facility antici1ates the potential patient will have a length of stay greater than three days or in fact stays longer than three days;
Shall require that each nursing home and certified nursing facility ascertain, prior to admission, whether a potential patient is required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, if the home or facility anticipates the potential patient will have a length of stay greater than three days or in fact stays longer than three days;
E 15.
15.
Shall require that each licensed hospital include in its visitation policy a provision aRlowing each adult patient to receive visits from any individual from whom the patient desires to receive visits, subject to other restrictions contained in the visitation policy including, but not limited to, those related simultaneously;s medical condition and the number of visitors permitted in the patient's room 16.
Shall require that each licensed hospital include in its visitation policy a provision allowing each adult patient to receive visits from any individual from whom the patient desires to receive visits, subject to other restrictions contained in the visitation policy including, but not limited to, those related to the patient's medical condition and the number of visitors permitted in the patient's room simultaneously;
16.
No family member of a resident or other resident representative shall be restricted from participating in meetings in the facility with the families or res17.
No family member of a resident or other resident representative shall be restricted from participating in meetings in the facility with the families or resident representatives of other residents in the facility;
17.
deposit with the facility following the discharge or death of a patient, other than entrance-related fees paid to a continuing care provider as defined in § 38.2-4900, within 30 days of a written request for such funds by the discharged patient or, in the case of the death of a patient, the person administering the person's estate in accordance with the Virginia Small Estates Act (§ 64.2-600 et seq.);
19.
Shall require each nursing home to provide a full refund of any unexpended patient funds on deposit with the facility following the discharge or death of a patient, other than entrance-related fees paid to a continuing care provider as defined in § 38.2-4900, within 30 days of a written request for such funds by the discharged patient or, in the case of the death of a patient, the person administering the person's estate in accordance with the Virginia Small Estates Act (§ 64.2-600 et seq.);
Shall require that each hospital that provides inpatient psychiatric services establish a protocol that requires, for any refusal to admit (i) a medically stable patient referred to its psychiatric unit, direct verbal communication between the on-call physician in the psychiatric unit and the referring physician, if requested by such referring physician, and prohibits on-call physicians or other hospital staff from refusing a request for such direct verbal communication by a referring physician and (ii) a patient for whom there is a question regarding the medical stability or medical appropriateness of admission for physician in the psychiatric unit to which the patient is sought to be transferred to participate in direct verbal communication, either in person or via telephone, with a clinical toxicologist or other person who of 9 is a Certified Specialist in Poison Information employed by a poison control center that is accredited by the American Association of Poison Control Centers to review the results of the toxicology screen and determine whether a medical reason for refusing admission to the psychiatric unit related to the results of the toxicology screen exists, if requested by the referring physician;
Shall require that each hospital that provides inpatient psychiatric services establish a protocol that requires, for any refusal to admit (i) a medically stable patient referred to its psychiatric unit, direct verbal communication between the on-call physician in the psychiatric unit and the referring physician, if requested by such referring physician, and prohibits on-call physicians or other hospital staff from refusing a request for such direct verbal communication by a referring physician and (ii) a patient for whom there is a question regarding the medical stability or medical appropriateness of admission for inpatient psychiatric services due to a situation involving results of a toxicology screening, the on-call physician in the psychiatric unit to which the patient is sought to be transferred to participate in direct verbal communication, either in person or via telephone, with a clinical toxicologist or other person who is a Certified Specialist in Poison Information employed by a poison control center that is accredited by the American Association of Poison Control Centers to review the results of the toxicology screen and determine whether a medical reason for refusing admission to the psychiatric unit related to the results of the toxicology screen exists, if requested by the referring physician;
Such policy shall ensure that the patient, his agent, or the person authorized to make medical decisions pursuant to § 54.1-2986 (a) are informed of the patient's right to obtain his medical record and to obtain an independent medical opinion and (b) afforded reasonable opportunity to participate in the medical review committee meeting.
Such policy shall ensure that the patient, his agent, or the person authorized to of 8 make medical decisions pursuant to § 54.1-2986 (a) are informed of the patient's right to obtain his medical record and to obtain an independent medical opinion and (b) afforded reasonable opportunity to participate in the medical review committee meeting.
Shall require each hospital with an emergency department to establish a protocol for the treatment and discharge of individuals experiencing a substance use-related emergency, which shall include provisions for (i) appropriate screening and assessment of individuals experiencing substance use-related emergencies to identify medical interventions necessary for the treatment of the individual in of 9 the emergency department and (ii) recommendations for follow-up care following discharge for any patient identified as having a substance use disorder, depression, or mental health disorder, aE appropriate, which may include, for patients who have been treated for substance use-related emergencies, including opioid overdose, or other high-risk patients, (a) the dispensing of naloxone or other opioid antagonist used for overdose reversal pursuant to subsection X of § 54.1-3408 at dRscharge or (b) issuance of a prescription for and information about accessing naloxone or other opioid antagonist used for overdose reversal at a community pharmacy, including any outpatient pharmacy operated by the hospital, or through a community organization or pharmacy that may dispense naloxone or other opioid antagonist used for overdose reversal without a prescription pursuant to a statewide standing order.
Shall require each hospital with an emergency department to establish a protocol for the treatment and discharge of individuals experiencing a substance use-related emergency, which shall include provisions for (i) appropriate screening and assessment of individuals experiencing substance use-related emergencies to identify medical interventions necessary for the treatment of the individual in the emergency department and (ii) recommendations for follow-up care following discharge for any patient identified as having a substance use disorder, depression, or mental health disorder, as appropriate, which may include, for patients who have been treated for substance use-related emergencies, including opioid overdose, or other high-risk patients, (a) the dispensing of naloxone or other opioid antagonist used for overdose reversal pursuant to subsection X of § 54.1-3408 at discharge or (b) issuance of a prescription for and information about accessing naloxone or other opioid antagonist used for overdose reversal, including information about accessing naloxone or other opioid antagonist used for overdose reversal at a community pharmacy, including any outpatient pharmacy operated by the hospital, or through a community organization or pharmacy that may dispense naloxone or other opioid antagonist used for overdose reversal without a prescription pursuant to a statewide standing order.
Such protocols may also provide for referrals of individuals experiencing a substance use-related emergency to peer recovery specialists and community-based providers of behavioral health services, or to prEviders of pharmacotherapy for the treatment of drug or alcohol dependence or mental health diagnoses;
Such protocols may also provide for referrals of individuals experiencing a substance use-related emergency to peer recovery specialists and community-based providers of behavioral health services, or to providers of pharmacotherapy for the treatment of drug or alcohol dependence or mental health diagnoses;
During a public health emergency related to COVID-19, shall require each nursing home and certified nursing facility to establish a protocol to allow each patient to receive visits, consistent with guidance from the Centers for Disease Control and Prevention and as directed by the Centers for conditions, including conditions related to the presence of COVID-19 in the nursing home, certified the nursing facility, and community, under which in-person visits will be allowed and under which in-person visits will not be allowed and visits will be required to be virtual;
During a public health emergency related to COVID-19, shall require each nursing home and certified nursing facility to establish a protocol to allow each patient to receive visits, consistent with guidance from the Centers for Disease Control and Prevention and as directed by the Centers for Medicare and Medicaid Services and the Board.
(ii) the requirements with which in-person visitors will be required to comply to protect the health and safety of the patients Snd staff of the nursing home or certified nursing facility;
Such protocol shall include provisions describing (i) the of 8 conditions, including conditions related to the presence of COVID-19 in the nursing home, certified nursing facility, and community, under which in-person visits will be allowed and under which in-person visits will not be allowed and visits will be required to be virtual;
(iii) the types of technology, including intera1tive audio or video technology, and the staff support necessary to ensure visits are provided as required by this subdivision;
(ii) the requirements with which in-person visitors will be required to comply to protect the health and safety of the patients and staff of the nursing home or certified nursing facility;
and (iv) the steps the nursing home or certified nursing facility will take in theEevent of a technology failure, service interruption, or documented emergency that prevents visits from occRrring as required by this subdivision.
(iii) the types of technology, including interactive audio or video technology, and the staff support necessary to ensure visits are provided as required by this subdivision;
Such protocol shall also include (a) a statement of the frequency with which visits, including virtual and in-person, where appropriate, will be allowed, which shall be at least personal representative to waive or limit visitation, provided that such waiver or limitation is included in the patient's health record;
and (iv) the steps the nursing home or certified nursing facility will take in the event of a technology failure, service interruption, or documented emergency that prevents visits from occurring as required by this subdivision.
Such protocol shall also include (a) a statement of the frequency with which visits, including virtual and in-person, where appropriate, will be allowed, which shall be at least once every 10 calendar days for each patient;
(b) a provision authorizing a patient or the patient's personal representative to waive or limit visitation, provided that such waiver or limitation is included in the patient's health record;
Such policies shall ensure protection of health information in accordance with the requirements of the federal For the purposes of this subdivision, "intelligent personal assistant" means a combination of aned.
Such policies shall ensure protection of health information in accordance with the requirements of the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C.
electronic device and a specialized software application designed to assist users with basic tasks using a combination of natural language processing and artificial intelligence, including such combinations known as "digital assistants" or "virtual assistants";
§ 1320d et seq., as amended.
For the purposes of this subdivision, "intelligent personal assistant" means a combination of an electronic device and a specialized software application designed to assist users with basic tasks using a combination of natural language processing and artificial intelligence, including such combinations known as "digital assistants" or "virtual assistants";
During a declared public health emergency related to a communicable disease of public health threat, shall require each hospital, nursing home, and certified nursing facility to establish a protocol to allow patients to receive visits from a rabbi, priest, minister, or clergy of any religious denomination or sect consistent with guidance from the Centers for Disease Control and Prevention and the Centers for Medicare and Medicaid Services and subject to compliance with any executive order, order of public limiting visitation.
During a declared public health emergency related to a communicable disease of public health threat, shall require each hospital, nursing home, and certified nursing facility to establish a protocol to allow patients to receive visits from a rabbi, priest, minister, or clergy of any religious denomination or sect consistent with guidance from the Centers for Disease Control and Prevention and the Centers for Medicare and Medicaid Services and subject to compliance with any executive order, order of public health, Department guidance, or any other applicable federal or state guidance having the effect of limiting visitation.
Shall require that every hospital that makes health records, as defined in § 32.1-127.1:03, of patients who are minors available to such patients through a secure website shall make such health records available to such patient's parent or guardian through such secure website, unless the hospital cannot make such health record available in a manner that prevents disclosure of information, the disclosure of which has been denied pursuant to subsection F of § 32.1-127.1:03 or for which consent req32.
Shall require that every hospital that makes health records, as defined in § 32.1-127.1:03, of patients who are minors available to such patients through a secure website shall make such health records available to such patient's parent or guardian through such secure website, unless the hospital cannot make such health record available in a manner that prevents disclosure of information, the disclosure of which has been denied pursuant to subsection F of § 32.1-127.1:03 or for which consent required in accordance with subsection E of § 54.1-2969 has not been provided;
Shall require each certified nursing facility eligible to participate in the Virginia Medicaid Nursing Facility Value-Based Purchasing (VBP) program, as referenced in Chapter 2 of the Acts of of 9 Assembly of 2022, Special Session I, 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 the Department of Medical Assistance Services for use in the VBP program, utilizing job codes for the calculation of total nurse staffing hours per resident per day following the Centers for Medicare and Medicaid Services (CMS) definitions as of January 1, 2022, used for similar purposes and including certified nursing assistants, licensed practical nurses, and registered nurses.
and 32.
Shall require each certified nursing facility eligible to participate in the Virginia Medicaid Nursing Facility Value-Based Purchasing (VBP) program, as referenced in Chapter 2 of the Acts of Assembly of 2022, Special Session I, 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 the Department of Medical Assistance Services for use in the VBP program, utilizing job codes for the calculation of total nurse staffing hours per resident per day following the Centers for Medicare and Medicaid Services (CMS) definitions as of January 1, 2022, used for similar purposes and including certified nursing assistants, licensed practical nurses, and registered nurses.
2.
of 8 2.
That in the event that the Department of Medical Assistance Services stops calculating the staffing standard as referenced in subdivision B 32 of § 32.1-127 of the Code of Virginia, as amended by this act, notice shall be given to the State Board of Health and a work group shall be of 9 convened by the Department of Medical Assistance Services along with the State Board of Health and stakeholders to make recommendations to the Chairmen of the House Committee on Health, E be used for determining the equivalent staffing ratio to that designated under subdivision B 32 of § 32.1-127 of the Code of Virginia, as amended by this act, relative to how the calculations can be made and what fiscal implications, if any, may result.
That in the event that the Department of Medical Assistance Services stops calculating the staffing standard as referenced in subdivision B 32 of § 32.1-127 of the Code of Virginia, as amended by this act, notice shall be given to the State Board of Health and a work group shall be convened by the Department of Medical Assistance Services along with the State Board of Health and stakeholders to make recommendations to the Chairmen of the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health on what process will be used for determining the equivalent staffing ratio to that designated under subdivision B 32 of § 32.1-127 of the Code of Virginia, as amended by this act, relative to how the calculations can be made and what fiscal implications, if any, may result.
R 8.
8.
That the provisions of the first enactment of this act shall become effective on July 1, 202O.
That the provisions of the first enactment of this act shall become effective on July 1, 2025.
Assistance Services, shall, in consultation with relevant stakeholder groups, review and consider modifications to the minimum nurse staffing standard articulated in subdivision B 32 of § 32.1-L27 of the Code of Virginia, as amended by this act, every four years from the effective date of the Commissioner shall submit his findings and recommendations regarding modification of the E minimum nurse staffing standard to the Governor and the Chairmen of the House Committees on D Health, Welfare and Institutions and Appropriations and the Senate Committees on Education and Health and Finance and Appropriations prior to the next regular session of the General Assembly.
9.
the first enactment of this act consistent with its passage.ons consistent with the provisions of B E R
That the State Health Commissioner, in collaboration with the Department of Medical Assistance Services, shall, in consultation with relevant stakeholder groups, review and consider modifications to the minimum nurse staffing standard articulated in subdivision B 32 of § 32.1-127 of the Code of Virginia, as amended by this act, every four years from the effective date of the first enactment of this act.
Upon completion of each required review, the State Health Commissioner shall submit his findings and recommendations regarding modification of the minimum nurse staffing standard to the Governor and the Chairmen of the House Committees on Health, Welfare and Institutions and Appropriations and the Senate Committees on Education and Health and Finance and Appropriations prior to the next regular session of the General Assembly.
10.
That the State Board of Health shall promulgate regulations consistent with the provisions of the first enactment of this act consistent with its passage.
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Action History

  1. Acts of Assembly Chapter text (CHAP0483)

  2. Approved by Governor-Chapter 483 (effective - see bill)

  3. Governor's Action Deadline 11:59 p.m., March 27, 2023

  4. Enrolled Bill Communicated to Governor on March 2, 2023

  5. Signed by President

  6. Signed by Speaker

  7. Impact statement from DPB (SB1339ER)

  8. Bill text as passed Senate and House (SB1339ER)

  9. Enrolled

  10. VOTE: Passage (99-Y 0-N)

  11. Passed House (99-Y 0-N)

  12. Read third time

  13. Read second time

  14. Reported from Health, Welfare and Institutions (20-Y 1-N)

  15. Referred to Committee on Health, Welfare and Institutions

  16. Read first time

  17. Placed on Calendar

  18. Passed Senate (39-Y 0-N)

  19. Constitutional reading dispensed (39-Y 0-N)

  20. Engrossed by Senate - committee substitute SB1339S1

  21. Committee substitute agreed to 23105304D-S1

  22. Reading of substitute waived

  23. Read second time

  24. Impact statement from DPB (SB1339S1)

  25. Constitutional reading dispensed (38-Y 0-N)

  26. Reported from Finance and Appropriations (16-Y 0-N)

  27. Rereferred to Finance and Appropriations

  28. Committee substitute printed 23105304D-S1

  29. Reported from Education and Health with substitute (15-Y 0-N)

  30. Senate subcommittee amendments and substitutes offered

  31. Impact statement from DPB (SB1339)

  32. Assigned Education sub: Health

  33. Referred to Committee on Education and Health

  34. Prefiled and ordered printed; offered 01/11/23 23101878D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 1339?
SB 1339 is sponsored by Barker, George L..
What is the current status of SB 1339?
This bill has been enacted into law. Introduced January 11, 2023. Enacted.
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