TITLE 12. HEALTH

STATE BOARD OF HEALTH

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider promulgating 12VAC5-375, Certified Nursing Facility Staffing Standards Regulation. The purpose of the proposed action is to conform the regulation to statutory changes made by Chapters 482 and 483 of the 2023 Acts of Assembly. Section 32.1-27.2 of the Code of Virginia, which the chapters add, requires the State Board of Health to promulgate regulations to effectuate minimum staffing standards for certified nursing facilities and administrative sanctions for noncompliance. Certified nursing facilities that only participate in Medicare and licensed nursing homes that do not participate in Medicare or Medicaid are excluded, and numerous exceptions to the applicability of the staffing standards are also provided. Chapters 482 and 483 specifically state that the new regulation cannot be part of the licensing regulations that are already in existence, so the board intends to promulgate a new regulatory chapter for these standards. Additionally, § 32.1-127 of the Code of Virginia, which the chapters amend, requires certified nursing facilities eligible to participate in the Virginia Medicaid Nursing Facility Value-Based Purchasing (VBP) program to provide at least 3.08 hours of case mix-adjusted total nurse staffing hours per resident per day on average as determined by the Department of Medical Assistance Services.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 32.1-12, 32.1-27.2, and 32.1-127 of the Code of Virginia.

Public Comment Deadline: September 10, 2025.

Agency Contact: Kim Beazley, Director, Office of Licensure and Certification, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2102, or email regulatorycomment@vdh.virginia.gov.