Code of Virginia
Chapter 5 - Regulation of Medical Care Facilities and Services
§ 32.1-162.5. Regulations

A. The Board shall prescribe such regulations governing the activities and services provided by hospices as may be necessary to protect the public health, safety and welfare. Such regulations shall include, but not be limited to, the requirements for: the qualifications and supervision of licensed and nonlicensed personnel; the standards for the care, treatment, health, safety, welfare, and comfort of patients and their families served by the program; the management, operation, staffing and equipping of the hospice program or hospice facility; clinical and business records kept by the hospice or hospice facility; and procedures for the review of utilization and quality of care. To avoid duplication in regulations, the Board shall incorporate regulations applicable to facilities licensed as hospitals or nursing homes under Article 1 (§ 32.1-123 et seq.) and to organizations licensed as home care organizations under Article 7.1 (§ 32.1-162.7 et seq.) that are also applicable to hospice programs in the regulations to govern hospices. A person who seeks a license to establish or operate a hospice and who has a preexisting valid license to operate a hospital, nursing home, or home care organization shall be considered in compliance with those regulations that are applicable to both a hospice and the facility for which it has a license.
B. Notwithstanding any law or regulation to the contrary, regulations for hospice facilities shall include minimum standards for design and construction consistent with the Hospice Care section of 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.
C. Regulations for hospices shall require each hospice facility to establish a protocol to allow each patient to receive visits, consistent with guidance from the Centers for Disease Control and Prevention and as directed by the Centers for Medicare and Medicaid Services and the Board, during a public health emergency related to COVID-19. Such protocol shall include provisions describing (i) the conditions, including conditions related to the presence of COVID-19 in the hospice facility and community, under which in-person visits will be allowed and under which in-person visits will not be allowed and visits will be required to be virtual; (ii) the requirements with which in-person visitors will be required to comply to protect the health and safety of patients and staff of the hospice facility; (iii) the types of technology, including interactive audio or video technology, and the staff support necessary to ensure visits are provided as required by this subsection; and (iv) the steps the hospice facility will take in the event of a technology failure, service interruption, or documented emergency that prevents visits from occurring as required by this subsection. Such protocol shall also include (a) a statement of the frequency with which visits, including virtual and in-person, where appropriate, will be allowed, which shall be at least once every 10 calendar days for each patient; (b) a provision authorizing a patient or the patient's personal representative to waive or limit visitation, provided that such waiver or limitation is included in the patient's health record; and (c) a requirement that each hospice facility publish on its website or communicate to patients or their personal representatives, in writing or via electronic means, the hospice facility's plan for providing visits to patients as required by this subsection.
D. During a declared public health emergency related to a communicable disease of public health threat, regulations governing hospices shall require each hospice facility to establish a protocol to allow patients to receive visits from a rabbi, priest, minister, or clergy of any religious denomination or sect consistent with guidance from the Centers for Disease Control and Prevention and the Centers for Medicare and Medicaid Services and subject to compliance with any executive order, order of public health, Department guidance, or any other applicable federal or state guidance having the effect of limiting visitation. Such protocol may restrict the frequency and duration of visits and may require visits to be conducted virtually using interactive audio or video technology. Any such protocol may require the person visiting a patient pursuant to this subsection to comply with all reasonable requirements of the hospice adopted to protect the health and safety of the person, patients, and staff of the hospice.
1981, c. 346; 2007, c. 397; 2020, Sp. Sess. I, cc. 10, 11; 2021, Sp. Sess. I, c. 525.

Structure Code of Virginia

Code of Virginia

Title 32.1 - Health

Chapter 5 - Regulation of Medical Care Facilities and Services

§ 32.1-123. Definitions

§ 32.1-124. Exemptions

§ 32.1-125. Establishment or operation of hospitals and nursing homes prohibited without license or certification; licenses not transferable

§ 32.1-125.01. Failing to report; penalty

§ 32.1-125.1. Inspection of hospitals by state agencies generally

§ 32.1-125.2. Disclosure of other providers of services

§ 32.1-125.3. Bed capacity and licensure in hospitals designated as critical access hospitals; designation as rural hospital

§ 32.1-125.4. Retaliation or discrimination against complainants

§ 32.1-125.5. Confidentiality of complainant's identity

§ 32.1-126. Commissioner to inspect and to issue licenses to or assure compliance with certification requirements for hospitals, nursing homes, and certified nursing facilities; notice of denial of license; consultative advice and assistance; notice...

§ 32.1-126.01. Employment for compensation of persons convicted of barrier crimes prohibited; criminal records check required; suspension or revocation of license

§ 32.1-126.02. Hospital pharmacy employees; criminal records check required

§ 32.1-126.1. Asbestos inspection for hospitals

§ 32.1-126.2. Fire suppression systems required in nursing facilities and nursing homes

§ 32.1-126.3. Fire suppression systems required in hospitals

§ 32.1-126.4. Hospital standing orders or protocols for certain vaccinations

§ 32.1-126.5. Consolidation of inspections

§ 32.1-127. Regulations

§ 32.1-127.001. Certain design and construction standards to be incorporated in hospital and nursing home licensure regulations

§ 32.1-127.01. Regulations to authorize certain sanctions and guidelines

§ 32.1-127.1. Immunity from liability for routine referral for organ and tissue donation

§ 32.1-127.1:01. Record storage

§ 32.1-127.1:02. Repealed

§ 32.1-127.1:03. Health records privacy

§ 32.1-127.1:04. Use or disclosure of certain protected health information required

§ 32.1-127.1:05. Breach of medical information notification

§ 32.1-127.2. Repealed

§ 32.1-127.3. Immunity from liability for certain free health care services

§ 32.1-128. Applicability to hospitals and nursing homes for practice of religious tenets

§ 32.1-129. Application for license

§ 32.1-130. Service charges

§ 32.1-131. Expiration and renewal of licenses

§ 32.1-132. Alterations or additions to hospitals and nursing homes; when new license required; use of inpatient hospital beds for furnishing skilled care services

§ 32.1-133. Display of license

§ 32.1-133.1. Human trafficking hotline; posted notice required; civil penalty

§ 32.1-134. Family planning information in hospitals providing maternity care

§ 32.1-134.01. Certain information required for maternity patients

§ 32.1-134.02. Infants; blood sample provided to parents

§ 32.1-134.1. When denial, etc., to duly licensed physician of staff membership or professional privileges improper

§ 32.1-134.2. Clinical privileges for certain practitioners

§ 32.1-134.3. Response to applications for clinical privileges

§ 32.1-134.4. Right of podiatrists or nurse practitioners to injunction

§ 32.1-135. Revocation or suspension of license or certification; restriction or prohibition of new admissions to nursing home

§ 32.1-135.1. Certain advertisements prohibited

§ 32.1-135.2. Offer or payment of remuneration in exchange for referral prohibited

§ 32.1-136. Violation; penalties

§ 32.1-137. Certification of medical care facilities under Title XVIII of Social Security Act

§ 32.1-137.01. Posting of charity care policies

§ 32.1-137.02. Hospital discharge procedures

§ 32.1-137.03. Discharge planning; designation of individual to provide care

§ 32.1-137.04. Patient notice of observation or outpatient status

§ 32.1-137.05. (Effective until July 1, 2023) Information regarding standard charges; advance estimate of patient payment amount for elective procedure, test, or service

§ 32.1-137.05. (Effective July 1, 2023) Information regarding standard charges; advance estimate of patient payment amount for elective procedure, test, or service

§ 32.1-137.06. Lyme disease test result information

§ 32.1-137.07. Violations of certain provisions; penalty

§ 32.1-137.08. Medical care facilities; persons with disabilities; designated support persons

§ 32.1-137.09. Hospital emergency department CPT code data reporting

§ 32.1-137.010. Financial assistance; payment plans

§ 32.1-137.1. Definitions

§ 32.1-137.2. Certification of quality assurance; application; issuance; denial; renewal

§ 32.1-137.3. Regulations

§ 32.1-137.4. Examination, review or investigation

§ 32.1-137.5. Civil penalties; probation; suspension; restriction or prohibition of new enrollments to managed care health insurance plan licensee; revocation or nonrenewal of certificate of quality assurance; appeal process; correction

§ 32.1-137.6. Complaint system

§ 32.1-137.7. Definitions

§ 32.1-137.8. Application to and compliance by utilization review entities

§ 32.1-137.9. Requirements and standards for utilization review entities

§ 32.1-137.10. Utilization review plan required

§ 32.1-137.11. Accessibility of utilization review entity

§ 32.1-137.12. Emergencies; extensions; access to and confidentiality of patient-specific medical records and information

§ 32.1-137.13. Adverse determination

§ 32.1-137.14. Reconsideration of adverse determination

§ 32.1-137.15. Adverse determination; appeal

§ 32.1-137.16. Records

§ 32.1-137.17. Limitation on Commissioner's jurisdiction

§ 32.1-138. Enumeration; posting of policies; staff training; responsibilities devolving on guardians, etc.; exceptions; certification of compliance

§ 32.1-138.1. Implementation of transfer and discharge policies

§ 32.1-138.2. Certain contract provisions prohibited

§ 32.1-138.3. Third party guarantor prohibition

§ 32.1-138.4. Retaliation or discrimination against complainants

§ 32.1-138.5. Confidentiality of complainant's identity

§ 32.1-138.6. Definitions

§ 32.1-138.7. Certificates of registration required; issuance; transferability; regulations

§ 32.1-138.8. Consultation with health regulatory boards

§ 32.1-138.9. Standards for approval

§ 32.1-138.10. Expiration; renewal

§ 32.1-138.11. Denial; revocation

§ 32.1-138.12. Waiver of requirements of article

§ 32.1-138.13. Access to and confidentiality of patient-specific medical records and information

§ 32.1-138.14. No private right of action created

§ 32.1-138.15. Regulations

§ 32.1-139. Repealed

§ 32.1-145. Repealed

§ 32.1-148. Repealed

§ 32.1-157. Repealed

§ 32.1-162.1. Definitions

§ 32.1-162.2. Exemptions from article

§ 32.1-162.3. License required for hospice programs; notice of denial of license; renewal thereof

§ 32.1-162.4. Inspections

§ 32.1-162.5. Regulations

§ 32.1-162.5:1. Notice to dispenser of patient's death; disposition of dispensed drugs

§ 32.1-162.6. Revocation or suspension of license

§ 32.1-162.6:1. Possession or administration of cannabis oil

§ 32.1-162.7. Definitions

§ 32.1-162.8. Exemptions from article

§ 32.1-162.9. Licenses required; renewal thereof

§ 32.1-162.9:1. Employment for compensation of persons convicted of barrier crimes prohibited; criminal records check required; drug testing; suspension or revocation of license

§ 32.1-162.10. Inspections; fees

§ 32.1-162.11. Liability insurance required

§ 32.1-162.12. Regulations

§ 32.1-162.13. Revocation or suspension of license

§ 32.1-162.14. Repealed

§ 32.1-162.15. Violation; penalties

§ 32.1-162.15:1. Unlawful advertising as a home care organization

§ 32.1-162.15:2. (Effective July 1, 2023) Definitions

§ 32.1-162.15:3. (Effective July 1, 2023) Services for survivors of sexual assault; plan required

§ 32.1-162.15:4. (For effective date, see Acts 2020, c 725) Treatment services

§ 32.1-162.15:5. Transfer services

§ 32.1-162.15:6. (Effective July 1, 2023) Services for pediatric survivors of sexual assault; plan required

§ 32.1-162.15:7. (Effective July 1, 2023) Inspections; report required

§ 32.1-162.15:8. (Effective July 1, 2023) Storage, retention, and dissemination of photographic documentation

§ 32.1-162.15:9. (Effective July 1, 2023) Submission of evidence

§ 32.1-162.15:10. (Effective July 1, 2023) Complaints

§ 32.1-162.15:11. Task Force on Services for Survivors of Sexual Assault