{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-123.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-123.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-123.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-123.html"}],"law_id":80727,"edition_id":1,"section_id":80727,"structure_id":12729,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","history":"Code 1950, \u00a7 32-298; 1964, c. 54; 1973, c. 477; 1979, c. 711; 1989, c. 618; 2011, c. 433; 2025, c. 238.","full_text":"As used in this article unless a different meaning or construction is clearly required by the context or otherwise:\n\t\t“Certified nursing facility” means any skilled nursing facility, skilled care facility, intermediate care facility, nursing or nursing care facility, or nursing home, whether freestanding or a portion of a freestanding medical care facility, that is certified as a Medicare or Medicaid provider, or both, pursuant to \u00a7 32.1-137.\n\t\t“Children’s hospital” means a hospital (i) whose inpatients are predominantly under 18 years of age and (ii) which is excluded from the Medicare prospective payment system pursuant to the Social Security Act.\n\t\t“Class I violation” means failure of a nursing home or certified nursing facility to comply with one or more requirements of state or federal law or regulations which creates a situation that presents an immediate and serious threat to patient health or safety.\n\t\t“Class II violation” means a pattern of noncompliance by a nursing home or certified nursing facility with one or more federal conditions of participation which indicates delivery of substandard quality of care but does not necessarily create an immediate and serious threat to patient health and safety. Regardless of whether the facility participates in Medicare or Medicaid, the federal conditions of participation shall be the standards for Class II violations.\n\t\t“Hospital” means any facility licensed pursuant to this article in which the primary function is the provision of diagnosis, of treatment, and of medical and nursing services, surgical or nonsurgical, for two or more nonrelated individuals, including hospitals known by varying nomenclature or designation such as children’s hospitals, sanatoriums, sanitariums and general, acute, rehabilitation, chronic disease, short-term, long-term, outpatient surgical, and inpatient or outpatient maternity hospitals.\n\t\t“Immediate and serious threat” means a situation or condition having a high probability that serious harm or injury to patients could occur at any time, or already has occurred, and may occur again, if patients are not protected effectively from the harm, or the threat is not removed.\n\t\t“Inspection” means all surveys, inspections, investigations and other procedures necessary for the Department of Health to perform in order to carry out various obligations imposed on the Board or Commissioner by applicable state and federal laws and regulations.\n\t\t“Nursing home” means any facility or any identifiable component of any facility licensed pursuant to this article in which the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of two or more nonrelated individuals, including facilities known by varying nomenclature or designation such as convalescent homes, skilled nursing facilities or skilled care facilities, intermediate care facilities, extended care facilities and nursing or nursing care facilities.\n\t\t“Nonrelated” means not related by blood or marriage, ascending or descending or first degree full or half collateral.\n\t\t“Substandard quality of care” means deficiencies in practices of patient care, preservation of patient rights, environmental sanitation, physical plant maintenance, or life safety which, if not corrected, will have a significant harmful effect on patient health and safety.\n\t\t“Urine drug screening” means a chemical analysis intended to test patients for the presence of multiple drugs, including cocaine, opioids, and phencyclidine.","order_by":null,"text":{"0":{"id":289382,"text":"As used in this article unless a different meaning or construction is clearly required by the context or otherwise:\n\t\t“Certified nursing facility” means any skilled nursing facility, skilled care facility, intermediate care facility, nursing or nursing care facility, or nursing home, whether freestanding or a portion of a freestanding medical care facility, that is certified as a Medicare or Medicaid provider, or both, pursuant to \u00a7 32.1-137.\n\t\t“Children’s hospital” means a hospital (i) whose inpatients are predominantly under 18 years of age and (ii) which is excluded from the Medicare prospective payment system pursuant to the Social Security Act.\n\t\t“Class I violation” means failure of a nursing home or certified nursing facility to comply with one or more requirements of state or federal law or regulations which creates a situation that presents an immediate and serious threat to patient health or safety.\n\t\t“Class II violation” means a pattern of noncompliance by a nursing home or certified nursing facility with one or more federal conditions of participation which indicates delivery of substandard quality of care but does not necessarily create an immediate and serious threat to patient health and safety. Regardless of whether the facility participates in Medicare or Medicaid, the federal conditions of participation shall be the standards for Class II violations.\n\t\t“Hospital” means any facility licensed pursuant to this article in which the primary function is the provision of diagnosis, of treatment, and of medical and nursing services, surgical or nonsurgical, for two or more nonrelated individuals, including hospitals known by varying nomenclature or designation such as children’s hospitals, sanatoriums, sanitariums and general, acute, rehabilitation, chronic disease, short-term, long-term, outpatient surgical, and inpatient or outpatient maternity hospitals.\n\t\t“Immediate and serious threat” means a situation or condition having a high probability that serious harm or injury to patients could occur at any time, or already has occurred, and may occur again, if patients are not protected effectively from the harm, or the threat is not removed.\n\t\t“Inspection” means all surveys, inspections, investigations and other procedures necessary for the Department of Health to perform in order to carry out various obligations imposed on the Board or Commissioner by applicable state and federal laws and regulations.\n\t\t“Nursing home” means any facility or any identifiable component of any facility licensed pursuant to this article in which the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of two or more nonrelated individuals, including facilities known by varying nomenclature or designation such as convalescent homes, skilled nursing facilities or skilled care facilities, intermediate care facilities, extended care facilities and nursing or nursing care facilities.\n\t\t“Nonrelated” means not related by blood or marriage, ascending or descending or first degree full or half collateral.\n\t\t“Substandard quality of care” means deficiencies in practices of patient care, preservation of patient rights, environmental sanitation, physical plant maintenance, or life safety which, if not corrected, will have a significant harmful effect on patient health and safety.\n\t\t“Urine drug screening” means a chemical analysis intended to test patients for the presence of multiple drugs, including cocaine, opioids, and phencyclidine.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12729,"edition_id":1,"name":"Hospital and Nursing Home Licensure and Inspection","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12728,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202857,"object_type":"structure","relational_id":12729,"identifier":"1","token":"32.1\/5\/1","url":"\/32.1\/5\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12728,"edition_id":1,"name":"Regulation of Medical Care Facilities and Services","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202855,"object_type":"structure","relational_id":12728,"identifier":"5","token":"32.1\/5","url":"\/32.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80727,"structure_id":12729,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","url":"\/32.1-123\/","token":"32.1\/5\/1\/32.1-123","metadata":false},{"id":75042,"structure_id":12729,"section_number":"32.1-124","catch_line":"Exemptions","url":"\/32.1-124\/","token":"32.1\/5\/1\/32.1-124","metadata":false},{"id":58545,"structure_id":12729,"section_number":"32.1-125","catch_line":"Establishment or operation of hospitals and nursing homes prohibited without license or certification; 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The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 54; in 1973, chapter 477; in 1979, chapter 711; in 1989, chapter 618; in 2011, chapter 433<\/a>; in 2025, chapter 238<\/a>.<\/p>","references":[{"id":77178,"section_number":"15.2-5386","catch_line":"Limitations of the Authority","order_by":null,"url":"\/15.2-5386\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":67553,"section_number":"2.2-3705.2","catch_line":"Exclusions to application of chapter; records relating to public safety","order_by":null,"url":"\/2.2-3705.2\/"},{"id":77111,"section_number":"32.1-102.1","catch_line":"Definitions","order_by":null,"url":"\/32.1-102.1\/"},{"id":63394,"section_number":"32.1-102.1:3","catch_line":"(Effective July 1, 2028) Medical care facilities and projects for which a certificate is required","order_by":null,"url":"\/32.1-102.1_3\/"},{"id":75042,"section_number":"32.1-124","catch_line":"Exemptions","order_by":null,"url":"\/32.1-124\/"},{"id":59071,"section_number":"32.1-125.1","catch_line":"Inspection of hospitals by state agencies generally","order_by":null,"url":"\/32.1-125.1\/"},{"id":60672,"section_number":"32.1-138","catch_line":"Enumeration; 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As used in this article unless a different meaning or construction is clearly required by the context or otherwise:\n\t\t“Certified nursing facility<\/span>” means any skilled nursing facility, skilled care facility, intermediate care facility, nursing or nursing care facility, or nursing home<\/span>, whether freestanding or a portion of a freestanding medical care facility<\/span>, that is certified as a Medicare or Medicaid provider, or both, pursuant to \u00a7 32.1-137<\/a>.\n\t\t“Children’s hospital<\/span>” means a hospital<\/span> (i) whose inpatients are predominantly under 18 years of age and (ii) which is excluded from the Medicare prospective payment system pursuant to the Social Security Act.\n\t\t“Class I violation<\/span>” means failure of a nursing home<\/span> or certified nursing facility<\/span> to comply with one or more requirements of state or federal law<\/span> or regulations which creates a situation that presents an immediate and serious threat<\/span> to patient health or safety.\n\t\t“Class II violation<\/span>” means a pattern of noncompliance by a nursing home<\/span> or certified nursing facility<\/span> with one or more federal conditions of participation which indicates delivery of substandard quality of care<\/span> but does not necessarily create an immediate and serious threat<\/span> to patient health and safety. Regardless of whether the facility participates in Medicare or Medicaid, the federal conditions of participation shall be the standards for Class II violations<\/span>.\n\t\t“Hospital<\/span>” means any facility licensed pursuant to this article in which the primary function is the provision of diagnosis, of treatment, and of medical and nursing services, surgical or nonsurgical, for two or more nonrelated<\/span> individuals, including hospitals<\/span> known by varying nomenclature or designation such as children’s hospitals<\/span>, sanatoriums, sanitariums and general, acute, rehabilitation, chronic disease, short-term, long-term, outpatient surgical, and inpatient or outpatient maternity hospitals<\/span>.\n\t\t“Immediate and serious threat<\/span>” means a situation or condition having a high probability that serious harm or injury to patients could occur at any time, or already has occurred, and may occur again, if patients are not protected effectively from the harm, or the threat is not removed.\n\t\t“Inspection<\/span>” means all surveys, inspections<\/span>, investigations and other procedures necessary for the Department<\/span> of Health to perform in order<\/span> to carry out various obligations imposed on the Board<\/span> or Commissioner<\/span> by applicable state and federal laws<\/span> and regulations.\n\t\t“Nursing home<\/span>” means any facility or any identifiable component of any facility licensed pursuant to this article in which the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of two or more nonrelated<\/span> individuals, including facilities known by varying nomenclature or designation such as convalescent homes, skilled nursing facilities or skilled care facilities, intermediate care facilities, extended care facilities and nursing or nursing care facilities.\n\t\t“Nonrelated<\/span>” means not related by blood or marriage, ascending or descending or first degree full or half collateral<\/span>.\n\t\t“Substandard quality of care<\/span>” means deficiencies in practices of patient care, preservation of patient rights, environmental sanitation, physical plant maintenance, or life safety which, if not corrected, will have a significant harmful effect on patient health and safety.\n\t\t“Urine drug screening<\/span>” means a chemical analysis intended to test patients for the presence of multiple drugs, including cocaine, opioids, and phencyclidine.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JANUARY 1, 2026) DEFINITIONS (\u00a7 32.1-123)\n\nAs used in this article unless a different meaning or construction is clearly\nrequired by the context or otherwise:\n\t\t“Certified nursing facility” means any skilled nursing facility,\nskilled care facility, intermediate care facility, nursing or nursing care\nfacility, or nursing home, whether freestanding or a portion of a freestanding\nmedical care facility, that is certified as a Medicare or Medicaid provider, or\nboth, pursuant to \u00a7 32.1-137.\n\t\t“Children’s hospital” means a hospital (i) whose inpatients\nare predominantly under 18 years of age and (ii) which is excluded from the\nMedicare prospective payment system pursuant to the Social Security Act.\n\t\t“Class I violation” means failure of a nursing home or certified\nnursing facility to comply with one or more requirements of state or federal law\nor regulations which creates a situation that presents an immediate and serious\nthreat to patient health or safety.\n\t\t“Class II violation” means a pattern of noncompliance by a nursing\nhome or certified nursing facility with one or more federal conditions of\nparticipation which indicates delivery of substandard quality of care but does\nnot necessarily create an immediate and serious threat to patient health and\nsafety. Regardless of whether the facility participates in Medicare or Medicaid,\nthe federal conditions of participation shall be the standards for Class II\nviolations.\n\t\t“Hospital” means any facility licensed pursuant to this article in\nwhich the primary function is the provision of diagnosis, of treatment, and of\nmedical and nursing services, surgical or nonsurgical, for two or more\nnonrelated individuals, including hospitals known by varying nomenclature or\ndesignation such as children’s hospitals, sanatoriums, sanitariums and\ngeneral, acute, rehabilitation, chronic disease, short-term, long-term,\noutpatient surgical, and inpatient or outpatient maternity hospitals.\n\t\t“Immediate and serious threat” means a situation or condition\nhaving a high probability that serious harm or injury to patients could occur at\nany time, or already has occurred, and may occur again, if patients are not\nprotected effectively from the harm, or the threat is not removed.\n\t\t“Inspection” means all surveys, inspections, investigations and\nother procedures necessary for the Department of Health to perform in order to\ncarry out various obligations imposed on the Board or Commissioner by applicable\nstate and federal laws and regulations.\n\t\t“Nursing home” means any facility or any identifiable component of\nany facility licensed pursuant to this article in which the primary function is\nthe provision, on a continuing basis, of nursing services and health-related\nservices for the treatment and inpatient care of two or more nonrelated\nindividuals, including facilities known by varying nomenclature or designation\nsuch as convalescent homes, skilled nursing facilities or skilled care\nfacilities, intermediate care facilities, extended care facilities and nursing\nor nursing care facilities.\n\t\t“Nonrelated” means not related by blood or marriage, ascending or\ndescending or first degree full or half collateral.\n\t\t“Substandard quality of care” means deficiencies in practices of\npatient care, preservation of patient rights, environmental sanitation, physical\nplant maintenance, or life safety which, if not corrected, will have a\nsignificant harmful effect on patient health and safety.\n\t\t“Urine drug screening” means a chemical analysis intended to test\npatients for the presence of multiple drugs, including cocaine, opioids, and\nphencyclidine.\n\nHISTORY: Code 1950, \u00a7 32-298; 1964, c. 54; 1973, c. 477; 1979, c. 711; 1989, c.\n618; 2011, c. 433; 2025, c. 238.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}