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 12VAC5-371-150).
Statutory Authority: §§ 32.1-12, 32.1-127, and
32.1-162.12 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 462 of the 2017 Acts of Assembly, the
amendment provides that a nursing facility shall not restrict the rights of a
nursing home resident's family to meet in the facility with the families of
other residents of the facility.
12VAC5-371-150. Resident rights.
A. The nursing facility shall develop and implement policies
and procedures that ensure resident's rights as defined in §§ 32.1-138 and
32.1-138.1 of the Code of Virginia.
B. The procedures shall:
1. Not restrict any right a resident has under law;
2. Provide staff training to implement resident's rights; and
3. Include grievance procedures.
C. The name and telephone number of the complaint coordinator
of the OLC, the Adult Protective Services toll-free telephone number, and the
toll-free telephone number for the State Ombudsman shall be conspicuously
posted in a public place.
D. Copies of resident rights shall be given to residents upon
admittance to the facility and made available to residents currently in
residence, to any guardians, next of kin, or sponsoring agency or agencies, and
to the public.
E. The nursing facility shall have a plan to review resident
rights with each resident annually, or with the responsible family member or
responsible agent at least annually, and have a plan to advise each staff
member at least annually.
F. The nursing facility shall certify, in writing, that it is
in compliance with the provisions of §§ 32.1-138 and 32.1-138.1 of the
Code of Virginia, relative to resident rights, as a condition of license
issuance or renewal.
G. The nursing facility shall register with the Department of
State Police to receive notice of the registration or reregistration of any sex
offender within the same or a contiguous zip code area in which the facility is
located pursuant to § 9.1-914 of the Code of Virginia.
H. Prior to admission, each nursing facility shall determine
if a potential resident is a registered sex offender when the potential
resident is anticipated to have a length of stay:
1. Greater than three days; or
2. In fact stays longer than three days.
I. The nursing facility
shall not restrict the rights of a nursing home resident's family and
resident's legal representative to meet in the facility with the families and
legal representatives of other residents of the facility.
VA.R. Doc. No. R18-5384; Filed December 28, 2017, 11:09 a.m.