Title of Regulation: 12VAC5-371. Regulations for the Licensure of Nursing Facilities (adding 12VAC5-371-191).

Statutory Authority: §§ 32.1-12 and 32.1-127 of the Code of Virginia.

The Department of Health has withdrawn the above-referenced fast-track rulemaking action published in 31:22 VA.R. 2063-2065 June 29, 2015, so this regulation will not take effect on August 29, 2015. This action pertains to the implementation of electronic monitoring in nursing home resident rooms. Chapters 674 and 682 of the 2013 Acts of Assembly mandated that the department promulgate regulations governing the implementation of voluntary electronic monitoring in the rooms of residents of nursing homes to codify a 2007 Department of Health guideline developed to assist nursing facilities with the privacy intricacies related to installing electronic monitoring equipment. Subsequent to publication of the fast-track rulemaking action in the Virginia Register of Regulations, 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 rulemaking action that is more consistent with the provisions of the 2007 guideline.

Agency Contact: Susan Puglisi, Policy Analyst, Department of Health, 3600 West Broad Street, Richmond, VA 23230, telephone (804) 367-2157, FAX (804) 367-2149, or email susan.puglisi@vdh.virginia.gov.