TITLE 12. HEALTH
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Emergency Regulation
Title of Regulation: 12VAC5-371. Regulations for the Licensure of Nursing Facilities (adding 12VAC5-371-45).
Statutory Authority: § 32.1-127 of the Code of Virginia.
Effective Dates: July 27, 2026, through January 26, 2028.
Agency Contact: Geoff Garner, Senior Policy Analyst, Virginia Department of Health, 9960 Mayland Drive, Henrico, VA 23233, telephone (804) 367-2157, or email geoff.garner@vdh.virginia.gov.
Preamble:
Section 2.2-4011 B of the Code of Virginia states that agencies may adopt emergency regulations in situations in which Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or less from its enactment, and the regulation is not exempt under the provisions of § 2.2-4006 A 4 of the Code of Virginia.
Pursuant to Chapters 254 and 265 of the 2025 Acts of Assembly, the amendments establish fees for the issuance, change, or renewal of a hospital or nursing home license. Funds generated from fees are deposited into the Hospital and Nursing Home Licensure and Inspection Program Fund created by the act to be used for the purposes of supporting the activities of the licensure and inspections requirements.
12VAC5-371-45. Fees.
A. The fees for the initial, renewal, and change of licensure of nursing facilities shall be paid into the state treasury and credited to the Hospital and Nursing Home Licensure and Inspection Program Fund established by § 32.1-130 of the Code of Virginia.
B. A nursing facility or an applicant for nursing facility licensure shall pay fees as follows:
1. Initial licensure: $150 base fee plus $29 per bed;
2. Renewal licensure: $150 base fee plus $29 per bed; and
3. Nursing facility change listed in 12VAC5-371-110 F: $250.
C. The commissioner may, in the commissioner's discretion, waive or reduce a nursing facility change fee described in subdivision B 3 of this section if a nursing facility provides substantial documentation justifying a waiver or reduction.
VA.R. Doc. No. R27-8377; Filed July 27, 2026