TITLE 12. HEALTH
REGISTRAR'S NOTICE: The
State Board of Health is claiming an exemption from Article 2 of the
Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code
of Virginia, which excludes regulations that are necessary to conform to
changes in Virginia statutory law or the appropriation act where no agency
discretion is involved. The State Board of Health will receive, consider, and
respond to petitions by any interested person at any time with respect to
reconsideration or revision.
Title of Regulation: 12VAC5-371. Regulations for the
Licensure of Nursing Facilities (amending 12VAC5-371-160).
Statutory Authority: §§ 32.1-12 and 32.1-127 of the Code
of Virginia.
Effective Date: February 21, 2018.
Agency Contact: Domica Winstead, Policy Analyst, Office
of Licensure and Certification, Virginia Department of Health, 9960 Mayland
Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2157, FAX (804)
527-4502, or email domica.winstead@vdh.virginia.gov.
Summary:
Pursuant to Chapter 85 of the 2016 Acts of Assembly, the
amendments require nursing homes to provide a full refund of any unexpended
patient funds on deposit with the facility following the discharge or death of
a patient within 30 days of a written request for such funds by the discharged
patient or the person administering the patient's estate in accordance with the
Virginia Small Estate Act; the amendment excludes entrance-related fees paid to
a continuing care provider.
12VAC5-371-160. Financial controls and resident funds.
A. All financial records, including resident funds, shall be
kept according to generally accepted accounting principles (GAAP).
B. Each nursing facility shall maintain liability insurance
coverage in a minimum of $1 million and professional liability coverage in an
amount at least equal to the recovery limit set forth in § 8.01-581.15 of
the Code of Virginia to compensate residents or individuals for injuries and
losses resulting from the negligent or criminal acts of the facility. Failure
to maintain minimum insurance shall result in revocation of the facility's
license.
C. Nursing facilities choosing
to handle resident funds shall:
1. Comply with § 32.1-138 A 7 of the Code of Virginia
regarding resident funds;
2. Purchase a surety bond or otherwise provide assurance for
the security of all personal funds deposited with the facility; and
3. Provide for separate accounting for resident funds.
D. In the event the facility is sold, the nursing facility
shall provide written verification that all resident funds have been
transferred and shall obtain a signed receipt from the new owner. Upon receipt,
the new owner shall provide an accounting of resident funds.
E. In the event of a resident's death or discharge with
funds deposited with the facility, the nursing facility shall, within 30 days,
give a final accounting of those funds to the individual administering the
resident's estate and, if appropriate, refund any moneys due. Each
nursing facility shall be required 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, 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 patient's estate in accordance with
the Virginia Small Estate Act (§ 64.2-600 et seq. of the Code of Virginia).
VA.R. Doc. No. R18-5383; Filed December 28, 2017, 11:10 a.m.