{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-137.04.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-137.04.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-137.04.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-137.04.html"}],"law_id":79498,"edition_id":1,"section_id":79498,"structure_id":12729,"section_number":"32.1-137.04","catch_line":"Patient notice of observation or outpatient status","history":"2015, c. 365; 2018, c. 194.","full_text":"A\n\nA hospital shall provide oral and written notice to any patient placed under observation or in any other outpatient status, or to such patient’s authorized representative, informing the patient of his placement in such status if (i) the patient receives onsite services from the hospital and (ii) such onsite services include a hospital bed and meals that are provided in an area of the hospital other than the emergency department. Such oral and written notice shall be provided not later than 36 hours after placement under observation or in any other outpatient status unless the patient has been discharged or has left the hospital prior to the expiration of such 36-hour period.B\n\nSuch written notice shall be written in clear, understandable language and printed in at least 14-point type. The written notice shall include:1\n\nA statement that the patient is not admitted to the hospital as an inpatient but is under observation or in such other outpatient status;2\n\nA statement that such observation or other outpatient status may affect the patient’s Medicare, Medicaid, or private health insurance coverage of (i) the current hospital services, including medications and pharmaceutical supplies, and (ii) care at a skilled nursing facility or home or community-based care upon the patient’s discharge from the hospital; and3\n\nA statement that the patient should contact the identified hospital representative or his health insurance plan for more information on his observation or other outpatient status and any available recourse.C\n\nFor any patient placed under observation or in any other outpatient status who is entitled to have payment made under Title XVIII of the Social Security Act (42 U.S.C. § 1395 et seq.), a hospital providing written notice and oral explanation of such notice to the patient which satisfies the provisions of 42 U.S.C. § 1395cc(a)(1)(Y) shall be deemed to have satisfied the provisions of this section.","order_by":null,"text":{"0":{"id":284786,"text":"A hospital shall provide oral and written notice to any patient placed under observation or in any other outpatient status, or to such patient’s authorized representative, informing the patient of his placement in such status if (i) the patient receives onsite services from the hospital and (ii) such onsite services include a hospital bed and meals that are provided in an area of the hospital other than the emergency department. Such oral and written notice shall be provided not later than 36 hours after placement under observation or in any other outpatient status unless the patient has been discharged or has left the hospital prior to the expiration of such 36-hour period.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":284787,"text":"Such written notice shall be written in clear, understandable language and printed in at least 14-point type. The written notice shall include:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":284788,"text":"A statement that the patient is not admitted to the hospital as an inpatient but is under observation or in such other outpatient status;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":284789,"text":"A statement that such observation or other outpatient status may affect the patient’s Medicare, Medicaid, or private health insurance coverage of (i) the current hospital services, including medications and pharmaceutical supplies, and (ii) care at a skilled nursing facility or home or community-based care upon the patient’s discharge from the hospital; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":284790,"text":"A statement that the patient should contact the identified hospital representative or his health insurance plan for more information on his observation or other outpatient status and any available recourse.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":284791,"text":"For any patient placed under observation or in any other outpatient status who is entitled to have payment made under Title XVIII of the Social Security Act (42 U.S.C. § 1395 et seq.), a hospital providing written notice and oral explanation of such notice to the patient which satisfies the provisions of 42 U.S.C. § 1395cc(a)(1)(Y) shall be deemed to have satisfied the provisions of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3"}},"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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This law was first created in 2015. The record of its establishment is cataloged in chapter 365<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. 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. That modification is as follows: in 2018, chapter 194<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":203071,"object_type":"law","relational_id":79498,"identifier":"32.1-137.04","token":"32.1\/5\/1\/32.1-137.04","url":"\/32.1-137.04\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-137.04\/","token":"32.1\/5\/1\/32.1-137.04","dublin_core":{"Title":"Patient notice of observation or outpatient status","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-137.04","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A hospital<\/span> shall provide oral and written notice to any patient placed under observation or in any other outpatient status, or to such patient’s authorized representative, informing the patient of his placement in such status if (i) the patient receives onsite services from the hospital<\/span> and (ii) such onsite services include a hospital<\/span> bed and meals that are provided in an area of the hospital<\/span> other than the emergency department<\/span>. Such oral and written notice shall be provided not later than 36 hours after placement under observation or in any other outpatient status unless the patient has been discharged or has left the hospital<\/span> prior to the expiration of such 36-hour period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such written notice shall be written in clear, understandable language and printed in at least 14-point type. The written notice shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A statement that the patient is not admitted to the hospital<\/span> as an inpatient but is under observation or in such other outpatient status; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A statement that such observation or other outpatient status may affect the patient’s Medicare, Medicaid, or private health insurance coverage of (i) the current hospital<\/span> services, including medications and pharmaceutical supplies, and (ii) care at a skilled nursing facility or home or community-based care upon the patient’s discharge from the hospital<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A statement that the patient should contact the identified hospital<\/span> representative or his health insurance plan for more information on his observation or other outpatient status and any available recourse. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For any patient placed under observation or in any other outpatient status who is entitled to have payment made under Title XVIII of the Social Security Act (42 U.S.C. § 1395 et seq.), a hospital<\/span> providing written notice and oral explanation of such notice to the patient which satisfies the provisions of 42 U.S.C. § 1395cc(a)(1)(Y) shall be deemed to have satisfied the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPATIENT NOTICE OF OBSERVATION OR OUTPATIENT STATUS (\u00a7 32.1-137.04)\n\nA. A hospital shall provide oral and written notice to any patient placed under\nobservation or in any other outpatient status, or to such patient’s\nauthorized representative, informing the patient of his placement in such status\nif (i) the patient receives onsite services from the hospital and (ii) such\nonsite services include a hospital bed and meals that are provided in an area of\nthe hospital other than the emergency department. Such oral and written notice\nshall be provided not later than 36 hours after placement under observation or\nin any other outpatient status unless the patient has been discharged or has\nleft the hospital prior to the expiration of such 36-hour period.\n\nB. Such written notice shall be written in clear, understandable language and\nprinted in at least 14-point type. The written notice shall include:\n\n 1. A statement that the patient is not admitted to the hospital as an\n inpatient but is under observation or in such other outpatient status;\n\n 2. A statement that such observation or other outpatient status may affect the\n patient’s Medicare, Medicaid, or private health insurance coverage of\n (i) the current hospital services, including medications and pharmaceutical\n supplies, and (ii) care at a skilled nursing facility or home or\n community-based care upon the patient’s discharge from the hospital; and\n\n 3. A statement that the patient should contact the identified hospital\n representative or his health insurance plan for more information on his\n observation or other outpatient status and any available recourse.\n\nC. For any patient placed under observation or in any other outpatient status\nwho is entitled to have payment made under Title XVIII of the Social Security\nAct (42 U.S.C. § 1395 et seq.), a hospital providing written notice and\noral explanation of such notice to the patient which satisfies the provisions of\n42 U.S.C. § 1395cc(a)(1)(Y) shall be deemed to have satisfied the\nprovisions of this section.\n\nHISTORY: 2015, c. 365; 2018, c. 194.","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}}