{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-126.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-126.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-126.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-126.html"}],"law_id":60850,"edition_id":1,"section_id":60850,"structure_id":12729,"section_number":"32.1-126","catch_line":"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 to electric utilities","history":"Code 1950, \u00a7\u00a7 32-300, 32-305; 1977, c. 155; 1979, c. 711; 1989, c. 618; 1996, cc. 940, 999; 2000, c. 967; 2002, c. 514; 2004, c. 304; 2017, c. 465; 2018, c. 453; 2019, cc. 291, 292.","full_text":"A\n\nPursuant to this article, the Commissioner shall issue licenses to, and assure compliance with certification requirements for hospitals and nursing homes, and assure compliance with certification requirements for facilities owned or operated by agencies of the Commonwealth as defined in subdivision (vi) of &#xA7; 32.1-124, which after inspection are found to be in compliance with the provisions of this article and with all applicable state and federal regulations. The Commissioner shall notify by certified mail or by overnight express mail any applicant denied a license of the reasons for such denial.B\n\nThe Commissioner shall cause each and every hospital, nursing home, and certified nursing facility to be inspected periodically, but not less often than biennially, in accordance with the provisions of this article and regulations of the Board. However, except when performed in conjunction with an inspection required by the Centers for Medicare and Medicaid Services, no hospital, nursing home, or certified nursing facility shall receive additional inspections until all other hospitals, nursing homes, or certified nursing facilities in the Commonwealth, respectively, have also been inspected, unless the additional inspections are (i) necessary to follow up on a preoperational inspection or one or more violations; (ii) required by a uniformly applied risk-based schedule established by the Department; (iii) necessary to investigate a complaint regarding the hospital, nursing home, or certified nursing facility; or (iv) otherwise deemed necessary by the Commissioner or his designee to protect the health and safety of the public.\n\t\t\tUnless expressly prohibited by federal statute or regulation, the findings of the Commissioner, with respect to periodic surveys of nursing facilities conducted pursuant to the Survey, Certification, and Enforcement Procedures set forth in 42 C.F.R. Part 488, shall be considered case decisions pursuant to the Administrative Process Act (&#xA7; 2.2-4000 et seq.) and shall be subject to the Department&#8217;s informal dispute resolution procedures, or, at the option of the Department or the nursing facility, the formal fact-finding procedures under &#xA7; 2.2-4020. The Commonwealth shall be deemed the proponent for purposes of &#xA7; 2.2-4020. Further, notwithstanding the provisions of clause (iii) of subsection A of &#xA7; 2.2-4025, such case decisions shall also be subject to the right to court review pursuant to Article 5 (&#xA7; 2.2-4025 et seq.) of Chapter 40 of Title 2.2.C\n\nThe Commissioner may, in accordance with regulations of the Board, provide for consultative advice and assistance, with such limitations and restrictions as he deems proper, to any person who intends to apply for a hospital or nursing home license or nursing facility certification.D\n\nFor the purpose of facilitating the prompt restoration of electrical service and prioritization of customers during widespread power outages, the Commissioner shall notify on a quarterly basis all electric utilities serving customers in Virginia as to the location of all nursing homes licensed in the Commonwealth. The requirements of this subsection shall be met if the Commissioner maintains such information on an electronic database accessible by electric utilities serving customers in Virginia.E\n\nNo person shall use, in any advertisement for professional services provided by such person, the results of any survey, inspection, or investigation of a nursing home or certified nursing facility conducted by a state or federal agency, including any statement of deficiencies, finding of deficiencies, or plan of corrective action, unless the advertisement includes all of the following:1\n\nThe date on which the survey, inspection, or investigation was conducted;2\n\nA statement that the nursing home or certified nursing facility is required to submit a plan of correction in response to every statement of deficiency;3\n\nIf a finding or deficiency cited in a statement of deficiencies has been corrected, a statement that the finding or deficiency has been corrected and the date on which the finding or deficiency was corrected; and4\n\nA statement that the advertisement is not authorized or endorsed by the Virginia Department of Health, the Centers for Medicare and Medicaid Services, the Office of the Inspector General, or any other governmental agency.\n\t\t\t\tThe information required by this subsection shall be in the same color, font, and size as all other language on or in the advertisement and shall appear as prominently as all other language used in the advertisement. Nothing in this subsection shall be construed to prohibit the results of a survey, inspection, or investigation from being used in any administrative proceeding, civil proceeding, or criminal investigation or prosecution, in accordance with the rules set forth by the applicable tribunal.","order_by":null,"text":{"0":{"id":222449,"text":"Pursuant to this article, the Commissioner shall issue licenses to, and assure compliance with certification requirements for hospitals and nursing homes, and assure compliance with certification requirements for facilities owned or operated by agencies of the Commonwealth as defined in subdivision (vi) of &#xA7; 32.1-124, which after inspection are found to be in compliance with the provisions of this article and with all applicable state and federal regulations. The Commissioner shall notify by certified mail or by overnight express mail any applicant denied a license of the reasons for such denial.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":222450,"text":"The Commissioner shall cause each and every hospital, nursing home, and certified nursing facility to be inspected periodically, but not less often than biennially, in accordance with the provisions of this article and regulations of the Board. However, except when performed in conjunction with an inspection required by the Centers for Medicare and Medicaid Services, no hospital, nursing home, or certified nursing facility shall receive additional inspections until all other hospitals, nursing homes, or certified nursing facilities in the Commonwealth, respectively, have also been inspected, unless the additional inspections are (i) necessary to follow up on a preoperational inspection or one or more violations; (ii) required by a uniformly applied risk-based schedule established by the Department; (iii) necessary to investigate a complaint regarding the hospital, nursing home, or certified nursing facility; or (iv) otherwise deemed necessary by the Commissioner or his designee to protect the health and safety of the public.\n\t\t\tUnless expressly prohibited by federal statute or regulation, the findings of the Commissioner, with respect to periodic surveys of nursing facilities conducted pursuant to the Survey, Certification, and Enforcement Procedures set forth in 42 C.F.R. Part 488, shall be considered case decisions pursuant to the Administrative Process Act (&#xA7; 2.2-4000 et seq.) and shall be subject to the Department&#8217;s informal dispute resolution procedures, or, at the option of the Department or the nursing facility, the formal fact-finding procedures under &#xA7; 2.2-4020. The Commonwealth shall be deemed the proponent for purposes of &#xA7; 2.2-4020. Further, notwithstanding the provisions of clause (iii) of subsection A of &#xA7; 2.2-4025, such case decisions shall also be subject to the right to court review pursuant to Article 5 (&#xA7; 2.2-4025 et seq.) of Chapter 40 of Title 2.2.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":222451,"text":"The Commissioner may, in accordance with regulations of the Board, provide for consultative advice and assistance, with such limitations and restrictions as he deems proper, to any person who intends to apply for a hospital or nursing home license or nursing facility certification.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":222452,"text":"For the purpose of facilitating the prompt restoration of electrical service and prioritization of customers during widespread power outages, the Commissioner shall notify on a quarterly basis all electric utilities serving customers in Virginia as to the location of all nursing homes licensed in the Commonwealth. The requirements of this subsection shall be met if the Commissioner maintains such information on an electronic database accessible by electric utilities serving customers in Virginia.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":222453,"text":"No person shall use, in any advertisement for professional services provided by such person, the results of any survey, inspection, or investigation of a nursing home or certified nursing facility conducted by a state or federal agency, including any statement of deficiencies, finding of deficiencies, or plan of corrective action, unless the advertisement includes all of the following:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":222454,"text":"The date on which the survey, inspection, or investigation was conducted;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":222455,"text":"A statement that the nursing home or certified nursing facility is required to submit a plan of correction in response to every statement of deficiency;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":222456,"text":"If a finding or deficiency cited in a statement of deficiencies has been corrected, a statement that the finding or deficiency has been corrected and the date on which the finding or deficiency was corrected; and","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":222457,"text":"A statement that the advertisement is not authorized or endorsed by the Virginia Department of Health, the Centers for Medicare and Medicaid Services, the Office of the Inspector General, or any other governmental agency.\n\t\t\t\tThe information required by this subsection shall be in the same color, font, and size as all other language on or in the advertisement and shall appear as prominently as all other language used in the advertisement. Nothing in this subsection shall be construed to prohibit the results of a survey, inspection, or investigation from being used in any administrative proceeding, civil proceeding, or criminal investigation or prosecution, in accordance with the rules set forth by the applicable tribunal.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3"}},"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; licenses not transferable","url":"\/32.1-125\/","token":"32.1\/5\/1\/32.1-125","metadata":false},{"id":63548,"structure_id":12729,"section_number":"32.1-125.01","catch_line":"Failing to report; penalty","url":"\/32.1-125.01\/","token":"32.1\/5\/1\/32.1-125.01","metadata":false},{"id":59071,"structure_id":12729,"section_number":"32.1-125.1","catch_line":"Inspection of hospitals by state agencies generally","url":"\/32.1-125.1\/","token":"32.1\/5\/1\/32.1-125.1","metadata":false},{"id":78537,"structure_id":12729,"section_number":"32.1-125.2","catch_line":"Disclosure of other providers of services","url":"\/32.1-125.2\/","token":"32.1\/5\/1\/32.1-125.2","metadata":false},{"id":58917,"structure_id":12729,"section_number":"32.1-125.3","catch_line":"Bed capacity and licensure in hospitals designated as critical access hospitals; designation as rural hospital","url":"\/32.1-125.3\/","token":"32.1\/5\/1\/32.1-125.3","metadata":false},{"id":55275,"structure_id":12729,"section_number":"32.1-125.4","catch_line":"Retaliation or discrimination against complainants","url":"\/32.1-125.4\/","token":"32.1\/5\/1\/32.1-125.4","metadata":false},{"id":70129,"structure_id":12729,"section_number":"32.1-125.5","catch_line":"Confidentiality of complainant's identity","url":"\/32.1-125.5\/","token":"32.1\/5\/1\/32.1-125.5","metadata":false},{"id":60850,"structure_id":12729,"section_number":"32.1-126","catch_line":"Commissioner to inspect and to issue licenses to or assure compliance with certification requirements for hospitals, nursing homes, and certified nursing facilities; 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criminal records check required; suspension or revocation of license","url":"\/32.1-126.01\/","token":"32.1\/5\/1\/32.1-126.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-126\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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 1977, chapter 155; in 1979, chapter 711; in 1989, chapter 618; in 1996, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0940\">940<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0999\">999<\/a>; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0967\">967<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0514\">514<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0304\">304<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0465\">465<\/a>; in 2018, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0453\">453<\/a>; in 2019, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0291\">291<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0292\">292<\/a>.<\/p>","references":[{"id":85883,"section_number":"32.1-127","catch_line":"(Effective January 1, 2026) Regulations","order_by":null,"url":"\/32.1-127\/"},{"id":70121,"section_number":"59.1-198","catch_line":"Definitions","order_by":null,"url":"\/59.1-198\/"},{"id":82977,"section_number":"59.1-200","catch_line":"Prohibited practices","order_by":null,"url":"\/59.1-200\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"},{"id":69646,"section_number":"2.2-4025","catch_line":"Exemptions operation of this article; limitations","order_by":null,"url":"\/2.2-4025\/"},{"id":75042,"section_number":"32.1-124","catch_line":"Exemptions","order_by":null,"url":"\/32.1-124\/"}],"permalink":{"id":202895,"object_type":"law","relational_id":60850,"identifier":"32.1-126","token":"32.1\/5\/1\/32.1-126","url":"\/32.1-126\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-126\/","token":"32.1\/5\/1\/32.1-126","dublin_core":{"Title":"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 to electric utilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-126","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Pursuant to this article, the <span class=\"dictionary\">Commissioner<\/span> shall <span class=\"dictionary\">issue<\/span> licenses to, and assure compliance with certification requirements for <span class=\"dictionary\">hospitals<\/span> and <span class=\"dictionary\">nursing homes<\/span>, and assure compliance with certification requirements for facilities owned or operated by agencies of the Commonwealth as defined in subdivision (vi) of &#xA7; <a class=\"law\" title=\"Exemptions\" href=\"\/32.1-124\/\">32.1-124<\/a>, which after <span class=\"dictionary\">inspection<\/span> are found to be in compliance with the provisions of this article and with all applicable state and federal regulations. The <span class=\"dictionary\">Commissioner<\/span> shall notify by certified mail or by overnight express mail any applicant denied a license of the reasons for such denial. <a id=\"paragraph-222449\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-126\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">Commissioner<\/span> shall cause each and every <span class=\"dictionary\">hospital<\/span>, <span class=\"dictionary\">nursing home<\/span>, and <span class=\"dictionary\">certified nursing facility<\/span> to be inspected periodically, but not less often than biennially, in accordance with the provisions of this article and regulations of the <span class=\"dictionary\">Board<\/span>. However, except when performed in conjunction with an <span class=\"dictionary\">inspection<\/span> required by the Centers for Medicare and Medicaid Services, no <span class=\"dictionary\">hospital<\/span>, <span class=\"dictionary\">nursing home<\/span>, or <span class=\"dictionary\">certified nursing facility<\/span> shall receive additional <span class=\"dictionary\">inspections<\/span> until all other <span class=\"dictionary\">hospitals<\/span>, <span class=\"dictionary\">nursing homes<\/span>, or certified nursing facilities in the Commonwealth, respectively, have also been inspected, unless the additional <span class=\"dictionary\">inspections<\/span> are (i) necessary to follow up on a preoperational <span class=\"dictionary\">inspection<\/span> or one or more violations; (ii) required by a uniformly applied risk-based schedule established by the <span class=\"dictionary\">Department<\/span>; (iii) necessary to investigate a complaint regarding the <span class=\"dictionary\">hospital<\/span>, <span class=\"dictionary\">nursing home<\/span>, or <span class=\"dictionary\">certified nursing facility<\/span>; or (iv) otherwise deemed necessary by the <span class=\"dictionary\">Commissioner<\/span> or his designee to protect the health and safety of the public.\n\t\t\tUnless expressly prohibited by federal <span class=\"dictionary\">statute<\/span> or regulation, the <span class=\"dictionary\">findings<\/span> of the <span class=\"dictionary\">Commissioner<\/span>, with respect to periodic surveys of nursing facilities conducted pursuant to the Survey, Certification, and Enforcement Procedures set forth in 42 C.F.R. Part 488, shall be considered case decisions pursuant to the Administrative Process Act (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/2.2-4000\/\">2.2-4000<\/a> et seq.) and shall be subject to the <span class=\"dictionary\">Department<\/span>&#8217;s informal dispute resolution procedures, or, at the option of the <span class=\"dictionary\">Department<\/span> or the nursing facility, the formal <span class=\"dictionary\">fact<\/span>-<span class=\"dictionary\">finding<\/span> procedures under &#xA7; <a class=\"law\" title=\"Formal hearings; litigated issues\" href=\"\/2.2-4020\/\">2.2-4020<\/a>. The Commonwealth shall be deemed the proponent for purposes of &#xA7; <a class=\"law\" title=\"Formal hearings; litigated issues\" href=\"\/2.2-4020\/\">2.2-4020<\/a>. Further, notwithstanding the provisions of clause (iii) of subsection A of &#xA7; <a class=\"law\" title=\"Exemptions operation of this article; limitations\" href=\"\/2.2-4025\/\">2.2-4025<\/a>, such case decisions shall also be subject to the right to <span class=\"dictionary\">court<\/span> review pursuant to Article 5 (&#xA7; <a class=\"law\" title=\"Exemptions operation of this article; limitations\" href=\"\/2.2-4025\/\">2.2-4025<\/a> et seq.) of Chapter 40 of Title 2.2. <a id=\"paragraph-222450\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-126\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">Commissioner<\/span> may, in accordance with regulations of the <span class=\"dictionary\">Board<\/span>, provide for consultative advice and assistance, with such limitations and restrictions as he deems proper, to any <span class=\"dictionary\">person<\/span> who intends to apply for a <span class=\"dictionary\">hospital<\/span> or <span class=\"dictionary\">nursing home<\/span> license or nursing facility certification. <a id=\"paragraph-222451\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-126\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> For the purpose of facilitating the prompt restoration of electrical service and prioritization of customers during widespread power outages, the <span class=\"dictionary\">Commissioner<\/span> shall notify on a quarterly basis all electric utilities serving customers in Virginia as to the location of all <span class=\"dictionary\">nursing homes<\/span> licensed in the Commonwealth. The requirements of this subsection shall be met if the <span class=\"dictionary\">Commissioner<\/span> maintains such information on an electronic database accessible by electric utilities serving customers in Virginia. <a id=\"paragraph-222452\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-126\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> No <span class=\"dictionary\">person<\/span> shall use, in any advertisement for professional services provided by such <span class=\"dictionary\">person<\/span>, the results of any survey, <span class=\"dictionary\">inspection<\/span>, or investigation of a <span class=\"dictionary\">nursing home<\/span> or <span class=\"dictionary\">certified nursing facility<\/span> conducted by a state or federal agency, including any statement of deficiencies, <span class=\"dictionary\">finding<\/span> of deficiencies, or plan of corrective action, unless the advertisement includes all of the following: <a id=\"paragraph-222453\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-126\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The date on which the survey, <span class=\"dictionary\">inspection<\/span>, or investigation was conducted; <a id=\"paragraph-222454\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-126\/#E1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> A statement that the <span class=\"dictionary\">nursing home<\/span> or <span class=\"dictionary\">certified nursing facility<\/span> is required to submit a plan of correction in response to every statement of deficiency; <a id=\"paragraph-222455\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-126\/#E2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> If a <span class=\"dictionary\">finding<\/span> or deficiency cited in a statement of deficiencies has been corrected, a statement that the <span class=\"dictionary\">finding<\/span> or deficiency has been corrected and the date on which the <span class=\"dictionary\">finding<\/span> or deficiency was corrected; and <a id=\"paragraph-222456\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-126\/#E3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> A statement that the advertisement is not authorized or endorsed by the Virginia <span class=\"dictionary\">Department<\/span> of Health, the Centers for Medicare and Medicaid Services, the Office of the Inspector General, or any other governmental agency.\n\t\t\t\tThe information required by this subsection shall be in the same color, font, and size as all other language on or in the advertisement and shall appear as prominently as all other language used in the advertisement. Nothing in this subsection shall be construed to prohibit the results of a survey, <span class=\"dictionary\">inspection<\/span>, or investigation from being used in any administrative proceeding, civil proceeding, or criminal investigation or <span class=\"dictionary\">prosecution<\/span>, in accordance with the rules set forth by the applicable tribunal. <a id=\"paragraph-222457\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-126\/#E4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCOMMISSIONER TO INSPECT AND TO ISSUE LICENSES TO OR ASSURE COMPLIANCE WITH\nCERTIFICATION REQUIREMENTS FOR HOSPITALS, NURSING HOMES, AND CERTIFIED NURSING\nFACILITIES; NOTICE OF DENIAL OF LICENSE; CONSULTATIVE ADVICE AND ASSISTANCE;\nNOTICE TO ELECTRIC UTILITIES (\u00a7 32.1-126)\n\nA. Pursuant to this article, the Commissioner shall issue licenses to, and\nassure compliance with certification requirements for hospitals and nursing\nhomes, and assure compliance with certification requirements for facilities\nowned or operated by agencies of the Commonwealth as defined in subdivision (vi)\nof &#xA7; 32.1-124, which after inspection are found to be in compliance with\nthe provisions of this article and with all applicable state and federal\nregulations. The Commissioner shall notify by certified mail or by overnight\nexpress mail any applicant denied a license of the reasons for such denial.\n\nB. The Commissioner shall cause each and every hospital, nursing home, and\ncertified nursing facility to be inspected periodically, but not less often than\nbiennially, in accordance with the provisions of this article and regulations of\nthe Board. However, except when performed in conjunction with an inspection\nrequired by the Centers for Medicare and Medicaid Services, no hospital, nursing\nhome, or certified nursing facility shall receive additional inspections until\nall other hospitals, nursing homes, or certified nursing facilities in the\nCommonwealth, respectively, have also been inspected, unless the additional\ninspections are (i) necessary to follow up on a preoperational inspection or one\nor more violations; (ii) required by a uniformly applied risk-based schedule\nestablished by the Department; (iii) necessary to investigate a complaint\nregarding the hospital, nursing home, or certified nursing facility; or (iv)\notherwise deemed necessary by the Commissioner or his designee to protect the\nhealth and safety of the public.\n\t\t\tUnless expressly prohibited by federal statute or regulation, the findings of\nthe Commissioner, with respect to periodic surveys of nursing facilities\nconducted pursuant to the Survey, Certification, and Enforcement Procedures set\nforth in 42 C.F.R. Part 488, shall be considered case decisions pursuant to the\nAdministrative Process Act (&#xA7; 2.2-4000 et seq.) and shall be subject to the\nDepartment&#8217;s informal dispute resolution procedures, or, at the option of\nthe Department or the nursing facility, the formal fact-finding procedures under\n&#xA7; 2.2-4020. The Commonwealth shall be deemed the proponent for purposes of\n&#xA7; 2.2-4020. Further, notwithstanding the provisions of clause (iii) of\nsubsection A of &#xA7; 2.2-4025, such case decisions shall also be subject to\nthe right to court review pursuant to Article 5 (&#xA7; 2.2-4025 et seq.) of\nChapter 40 of Title 2.2.\n\nC. The Commissioner may, in accordance with regulations of the Board, provide\nfor consultative advice and assistance, with such limitations and restrictions\nas he deems proper, to any person who intends to apply for a hospital or nursing\nhome license or nursing facility certification.\n\nD. For the purpose of facilitating the prompt restoration of electrical service\nand prioritization of customers during widespread power outages, the\nCommissioner shall notify on a quarterly basis all electric utilities serving\ncustomers in Virginia as to the location of all nursing homes licensed in the\nCommonwealth. The requirements of this subsection shall be met if the\nCommissioner maintains such information on an electronic database accessible by\nelectric utilities serving customers in Virginia.\n\nE. No person shall use, in any advertisement for professional services provided\nby such person, the results of any survey, inspection, or investigation of a\nnursing home or certified nursing facility conducted by a state or federal\nagency, including any statement of deficiencies, finding of deficiencies, or\nplan of corrective action, unless the advertisement includes all of the\nfollowing:\n\n   1. The date on which the survey, inspection, or investigation was conducted;\n\n   2. A statement that the nursing home or certified nursing facility is required\n   to submit a plan of correction in response to every statement of deficiency;\n\n   3. If a finding or deficiency cited in a statement of deficiencies has been\n   corrected, a statement that the finding or deficiency has been corrected and\n   the date on which the finding or deficiency was corrected; and\n\n   4. A statement that the advertisement is not authorized or endorsed by the\n   Virginia Department of Health, the Centers for Medicare and Medicaid Services,\n   the Office of the Inspector General, or any other governmental agency.\n   \t\t\t\tThe information required by this subsection shall be in the same color,\n   font, and size as all other language on or in the advertisement and shall\n   appear as prominently as all other language used in the advertisement. Nothing\n   in this subsection shall be construed to prohibit the results of a survey,\n   inspection, or investigation from being used in any administrative proceeding,\n   civil proceeding, or criminal investigation or prosecution, in accordance with\n   the rules set forth by the applicable tribunal.\n\nHISTORY: Code 1950, \u00a7\u00a7 32-300, 32-305; 1977, c. 155; 1979, c. 711; 1989, c.\n618; 1996, cc. 940, 999; 2000, c. 967; 2002, c. 514; 2004, c. 304; 2017, c. 465;\n2018, c. 453; 2019, cc. 291, 292.","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}}