{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-138.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-138.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-138.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-138.1.html"}],"law_id":69971,"edition_id":1,"section_id":69971,"structure_id":15161,"section_number":"32.1-138.1","catch_line":"Implementation of transfer and discharge policies","history":"1987, c. 221; 1993, c. 692.","full_text":"A\n\nTo implement and conform with the provisions of subdivision A 4 of \u00a7 32.1-138, a facility may discharge the patient, or transfer the patient, including transfer within the facility, only:1\n\nIf appropriate to meet that patient’s documented medical needs;2\n\nIf appropriate to safeguard that patient or one or more other patients from physical or emotional injury;3\n\nOn account of nonpayment for his stay except as prohibited by Titles XVIII or XIX of the United States Social Security Act and the Virginia State Plan for Medical Assistance Services; or4\n\nWith the informed voluntary consent of the patient, or if incapable of providing consent, with the informed voluntary consent of the patient’s authorized decision maker pursuant to § 54.1-2986 acting in the best interest of the patient, following reasonable advance written notice.B\n\nExcept in an emergency involving the patient’s health or well being, no patient shall be transferred or discharged without prior consultation with the patient, the patient’s family or responsible party and the patient’s attending physician. If the patient’s attending physician is unavailable, the facility’s medical director in conjunction with the nursing director, social worker or another health professional, shall be consulted. In the case of an involuntary transfer or discharge, the attending physician of the patient or the medical director of the facility shall make a written notation in the patient’s record approving the transfer or discharge after consideration of the effects of the transfer or discharge, appropriate actions to minimize the effects of the transfer or discharge, and the care and kind of service the patient needs upon transfer or discharge.C\n\nExcept in an emergency involving the patient’s health or well being, reasonable advance written notice shall be given in the following manner. In the case of a voluntary transfer or discharge, notice shall be reasonable under the circumstances. In the case of an involuntary transfer or discharge, reasonable advance written notice shall be given to the patient at least five days prior to the discharge or transfer.D\n\nNothing in this section or in subdivision A 4 of § 32.1-138 shall be construed to authorize or require conditions upon a transfer within a facility that are more restrictive than Titles XVIII or XIX of the United States Social Security Act or by regulations promulgated pursuant to either title.","order_by":null,"text":{"0":{"id":252801,"text":"To implement and conform with the provisions of subdivision A 4 of \u00a7 32.1-138, a facility may discharge the patient, or transfer the patient, including transfer within the facility, only:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":252802,"text":"If appropriate to meet that patient’s documented medical needs;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":252803,"text":"If appropriate to safeguard that patient or one or more other patients from physical or emotional injury;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":252804,"text":"On account of nonpayment for his stay except as prohibited by Titles XVIII or XIX of the United States Social Security Act and the Virginia State Plan for Medical Assistance Services; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":252805,"text":"With the informed voluntary consent of the patient, or if incapable of providing consent, with the informed voluntary consent of the patient’s authorized decision maker pursuant to § 54.1-2986 acting in the best interest of the patient, following reasonable advance written notice.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":252806,"text":"Except in an emergency involving the patient’s health or well being, no patient shall be transferred or discharged without prior consultation with the patient, the patient’s family or responsible party and the patient’s attending physician. If the patient’s attending physician is unavailable, the facility’s medical director in conjunction with the nursing director, social worker or another health professional, shall be consulted. In the case of an involuntary transfer or discharge, the attending physician of the patient or the medical director of the facility shall make a written notation in the patient’s record approving the transfer or discharge after consideration of the effects of the transfer or discharge, appropriate actions to minimize the effects of the transfer or discharge, and the care and kind of service the patient needs upon transfer or discharge.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":252807,"text":"Except in an emergency involving the patient’s health or well being, reasonable advance written notice shall be given in the following manner. In the case of a voluntary transfer or discharge, notice shall be reasonable under the circumstances. In the case of an involuntary transfer or discharge, reasonable advance written notice shall be given to the patient at least five days prior to the discharge or transfer.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":252808,"text":"Nothing in this section or in subdivision A 4 of § 32.1-138 shall be construed to authorize or require conditions upon a transfer within a facility that are more restrictive than Titles XVIII or XIX of the United States Social Security Act or by regulations promulgated pursuant to either title.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15161,"edition_id":1,"name":"Rights and Responsibilities of Patients in Nursing Homes","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12728,"metadata":{},"date_created":"2026-06-26 03:52:37","date_modified":"2026-06-26 03:52:37","permalink":{"id":203167,"object_type":"structure","relational_id":15161,"identifier":"2","token":"32.1\/5\/2","url":"\/32.1\/5\/2\/","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":60672,"structure_id":15161,"section_number":"32.1-138","catch_line":"Enumeration; posting of policies; staff training; responsibilities devolving on guardians, etc.; exceptions; certification of compliance","url":"\/32.1-138\/","token":"32.1\/5\/2\/32.1-138","metadata":false},{"id":69971,"structure_id":15161,"section_number":"32.1-138.1","catch_line":"Implementation of transfer and discharge policies","url":"\/32.1-138.1\/","token":"32.1\/5\/2\/32.1-138.1","metadata":false},{"id":77743,"structure_id":15161,"section_number":"32.1-138.2","catch_line":"Certain contract provisions prohibited","url":"\/32.1-138.2\/","token":"32.1\/5\/2\/32.1-138.2","metadata":false},{"id":57748,"structure_id":15161,"section_number":"32.1-138.3","catch_line":"Third party guarantor prohibition","url":"\/32.1-138.3\/","token":"32.1\/5\/2\/32.1-138.3","metadata":false},{"id":64052,"structure_id":15161,"section_number":"32.1-138.4","catch_line":"Retaliation or discrimination against complainants","url":"\/32.1-138.4\/","token":"32.1\/5\/2\/32.1-138.4","metadata":false},{"id":79290,"structure_id":15161,"section_number":"32.1-138.5","catch_line":"Confidentiality of complainant's identity","url":"\/32.1-138.5\/","token":"32.1\/5\/2\/32.1-138.5","metadata":false},{"id":77541,"structure_id":15161,"section_number":"32.1-138.5:1","catch_line":"(Effective pursuant to Acts 2025, c. 432, cl. 2) Electronic monitoring in resident rooms","url":"\/32.1-138.5_1\/","token":"32.1\/5\/2\/32.1-138.5_1","metadata":false}],"previous_section":{"id":60672,"structure_id":15161,"section_number":"32.1-138","catch_line":"Enumeration; posting of policies; staff training; responsibilities devolving on guardians, etc.; exceptions; certification of compliance","url":"\/32.1-138\/","token":"32.1\/5\/2\/32.1-138","metadata":false},"next_section":{"id":77743,"structure_id":15161,"section_number":"32.1-138.2","catch_line":"Certain contract provisions prohibited","url":"\/32.1-138.2\/","token":"32.1\/5\/2\/32.1-138.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-138.1\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 221 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. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. 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 1993, chapter 692.<\/p>","references":[{"id":60672,"section_number":"32.1-138","catch_line":"Enumeration; posting of policies; staff training; responsibilities devolving on guardians, etc.; exceptions; certification of compliance","order_by":null,"url":"\/32.1-138\/"}],"refers_to":[{"id":60672,"section_number":"32.1-138","catch_line":"Enumeration; posting of policies; staff training; responsibilities devolving on guardians, etc.; exceptions; certification of compliance","order_by":null,"url":"\/32.1-138\/"},{"id":65220,"section_number":"54.1-2986","catch_line":"Procedure in absence of an advance directive; procedure for advance directive without agent; no presumption; persons who may authorize health care for patients incapable of informed decisions","order_by":null,"url":"\/54.1-2986\/"}],"permalink":{"id":203173,"object_type":"law","relational_id":69971,"identifier":"32.1-138.1","token":"32.1\/5\/2\/32.1-138.1","url":"\/32.1-138.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-138.1\/","token":"32.1\/5\/2\/32.1-138.1","dublin_core":{"Title":"Implementation of transfer and discharge policies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-138.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> To implement and conform with the provisions of subdivision A 4 of \u00a7 32.1-138<\/a>, a facility may discharge the patient, or transfer the patient, including transfer within the facility, only: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If appropriate to meet that patient’s documented medical needs; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If appropriate to safeguard that patient or one or more other patients from physical or emotional injury; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> On account of nonpayment for his stay<\/span> except as prohibited by Titles XVIII or XIX of the United States Social Security Act and the Virginia State Plan for Medical Assistance Services; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> With the informed voluntary consent of the patient, or if incapable of providing consent, with the informed voluntary consent of the patient’s authorized decision maker pursuant to § 54.1-2986<\/a> acting in the best interest of the patient, following reasonable advance written notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except in an emergency involving the patient’s health or well being, no patient shall be transferred or discharged without prior consultation with the patient, the patient’s family or responsible party<\/span> and the patient’s attending physician. If the patient’s attending physician is unavailable, the facility’s medical director<\/span> in conjunction with the nursing director, social worker or another health professional, shall be consulted. In the case of an involuntary transfer or discharge, the attending physician of the patient or the medical director<\/span> of the facility shall make a written notation in the patient’s record approving the transfer or discharge after consideration of the effects of the transfer or discharge, appropriate actions to minimize the effects of the transfer or discharge, and the care and kind of service the patient needs upon transfer or discharge. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Except in an emergency involving the patient’s health or well being, reasonable advance written notice shall be given in the following manner. In the case of a voluntary transfer<\/span> or discharge, notice shall be reasonable under the circumstances. In the case of an involuntary transfer or discharge, reasonable advance written notice shall be given to the patient at least five days prior to the discharge or transfer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section or in subdivision A 4 of § 32.1-138<\/a> shall be construed to authorize or require conditions upon a transfer within a facility that are more restrictive than Titles XVIII or XIX of the United States Social Security Act or by regulations promulgated pursuant to either title. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMPLEMENTATION OF TRANSFER AND DISCHARGE POLICIES (\u00a7 32.1-138.1)\n\nA. To implement and conform with the provisions of subdivision A 4 of \u00a7\n32.1-138, a facility may discharge the patient, or transfer the patient,\nincluding transfer within the facility, only:\n\n 1. If appropriate to meet that patient’s documented medical needs;\n\n 2. If appropriate to safeguard that patient or one or more other patients from\n physical or emotional injury;\n\n 3. On account of nonpayment for his stay except as prohibited by Titles XVIII\n or XIX of the United States Social Security Act and the Virginia State Plan\n for Medical Assistance Services; or\n\n 4. With the informed voluntary consent of the patient, or if incapable of\n providing consent, with the informed voluntary consent of the patient’s\n authorized decision maker pursuant to § 54.1-2986 acting in the best\n interest of the patient, following reasonable advance written notice.\n\nB. Except in an emergency involving the patient’s health or well being, no\npatient shall be transferred or discharged without prior consultation with the\npatient, the patient’s family or responsible party and the patient’s\nattending physician. If the patient’s attending physician is unavailable,\nthe facility’s medical director in conjunction with the nursing director,\nsocial worker or another health professional, shall be consulted. In the case of\nan involuntary transfer or discharge, the attending physician of the patient or\nthe medical director of the facility shall make a written notation in the\npatient’s record approving the transfer or discharge after consideration\nof the effects of the transfer or discharge, appropriate actions to minimize the\neffects of the transfer or discharge, and the care and kind of service the\npatient needs upon transfer or discharge.\n\nC. Except in an emergency involving the patient’s health or well being,\nreasonable advance written notice shall be given in the following manner. In the\ncase of a voluntary transfer or discharge, notice shall be reasonable under the\ncircumstances. In the case of an involuntary transfer or discharge, reasonable\nadvance written notice shall be given to the patient at least five days prior to\nthe discharge or transfer.\n\nD. Nothing in this section or in subdivision A 4 of § 32.1-138 shall be\nconstrued to authorize or require conditions upon a transfer within a facility\nthat are more restrictive than Titles XVIII or XIX of the United States Social\nSecurity Act or by regulations promulgated pursuant to either title.\n\nHISTORY: 1987, c. 221; 1993, c. 692.","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}}