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 amending 12VAC5-371, Regulations for the Licensure of Nursing Facilities. The purpose of the proposed action is to bring the regulations into conformance with the provisions of § 32.1-127.001 of the Code of Virginia, enacted in 2005, which, notwithstanding any law or regulation to the contrary, requires the State Board of Health to promulgate regulations for the licensure of hospitals and nursing homes that include minimum standards for design and construction that are consistent with the current edition of the Guidelines for Design and Construction of Hospital and Health Care Facilities issued by the American Institute of Architects Academy of Architecture for Health (the Guidelines). However, 12VAC5-371 currently provides that the Virginia Uniform Statewide Building Code takes precedence over the Guidelines, which is contrary to the requirements of § 32.1-127.001. The department plans to amend 12VAC5-371-410 and 12VAC5-371-420, pertaining to building and construction codes for nursing facilities, to specify that (i) nursing facilities comply with Part 1 and sections 4.1 and 4.2 of the Guidelines and (ii) the Guidelines take precedence over the Virginia Uniform Statewide Building Code. The department further intends to specify that entities licensed as of the effective date of the amendments may continue to be licensed in their current buildings. However, all new construction, renovation, modification, structural revision, etc. of any space within a nursing facility will require full compliance with the amendments for the entire area of the modified space.

This regulatory action is taken in response to a Petition for Rulemaking.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: December 6, 2013.

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