{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-27.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-27.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-27.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-27.1.html"}],"law_id":84466,"edition_id":1,"section_id":84466,"structure_id":14107,"section_number":"32.1-27.1","catch_line":"Additional civil penalty or appointment of a receiver","history":"1989, c. 618; 1996, cc. 788, 797; 2023, cc. 482, 483.","full_text":"A\n\nIn addition to the remedies provided in \u00a7\u00a7 32.1-27 and 32.1-27.2, the civil penalties set forth in this section may be imposed by the circuit court for the city or county in which the facility is located as follows:1\n\nA civil penalty for a Class I violation shall not exceed the lesser of $25 per licensed or certified bed or $1,000 for each day the facility is in violation, beginning on the date the facility was first notified of the violation.2\n\nA civil penalty for a Class II violation shall not exceed the lesser of $5 per licensed or certified bed or $250 per day for each day the facility is in violation, beginning on the date the facility was first notified of the violation.\n\t\t\t\tIn the event federal law or regulations require a civil penalty in excess of the amounts set forth above for Class I or Class II violations, then the lowest amounts required by such federal law or regulations shall become the maximum civil penalties under this section. The date of notification under this section shall be deemed to be the date of receipt by the facility of written notice of the alleged Class I or Class II violation, which notice shall include specifics of the violation charged and which notice shall be hand delivered or sent by overnight express mail or by registered or certified mail, return receipt requested.\n\t\t\t\tAll civil penalties received pursuant to this subsection shall be paid into a special fund of the Department for the cost of implementation of this section, to be applied to the protection of the health or property of residents or patients of facilities that the Commissioner or the United States Secretary of Health and Human Services finds in violation, including payment for the costs for relocation of patients, maintenance of temporary management or receivership to operate a facility pending correction of a violation, and for reimbursement to residents or patients of lost personal funds.B\n\nIn addition to the remedies provided in §§ 32.1-27 and 32.1-27.2 and the civil penalties set forth in subsection A, the Commissioner may petition the circuit court for the jurisdiction in which any nursing home or certified nursing facility as defined in § 32.1-123 is located for the appointment of a receiver in accordance with the provisions of this subsection whenever such nursing home or certified nursing facility shall (i) receive official notice from the Commissioner that its license has been or will be revoked or suspended, or that its Medicare or Medicaid certification has been or will be cancelled or revoked; or (ii) receive official notice from the United States Department of Health and Human Services or the Department of Medical Assistance Services that its provider agreement has been or will be revoked, cancelled, terminated or not renewed; or (iii) advise the Department of its intention to close or not to renew its license or Medicare or Medicaid provider agreement less than ninety days in advance; or (iv) operate at any time under conditions which present a major and continuing threat to the health, safety, security, rights or welfare of the patients, including the threat of imminent abandonment by the owner or operator, or a pattern of failure to meet ongoing financial obligations such as the inability to pay for essential food, pharmaceuticals, personnel, or required insurance; and (v) the Department is unable to make adequate and timely arrangements for relocating all patients who are receiving medical assistance under this chapter and Title XIX of the Social Security Act in order to ensure their continued safety and health care.\n\t\t\tUpon the filing of a petition for appointment of a receiver, the court shall hold a hearing within ten days, at which time the Department and the owner or operator of the facility may participate and present evidence. The court may grant the petition if it finds any one of the conditions identified in (i) through (iv) to exist in combination with the condition identified in (v) and the court further finds that such conditions will not be remedied and that the patients will not be protected unless the petition is granted.\n\t\t\tNo receivership established under this subsection shall continue in effect for more than 180 days without further order of the court, nor shall the receivership continue in effect following the revocation of the nursing home’s license or the termination of the certified nursing facility’s Medicare or Medicaid provider agreement, except to enforce any post-termination duties of the provider as required by the provisions of the Medicare or Medicaid provider agreement.\n\t\t\tThe appointed receiver shall be a person licensed as nursing home administrator in the Commonwealth pursuant to Title 54.1 or, if not so licensed, shall employ and supervise a person so licensed to administer the day-to-day business of the nursing home or certified nursing facility.\n\t\t\tThe receiver shall have (i) such powers and duties to manage the nursing home or certified nursing facility as the court may grant and direct, including but not limited to the duty to accomplish the orderly relocation of all patients and the right to refuse to admit new patients during the receivership, (ii) the power to receive, conserve, protect and disburse funds, including Medicare and Medicaid payments on behalf of the owner or operator of the nursing home or certified nursing facility, (iii) the power to execute and avoid executory contracts, (iv) the power to hire and discharge employees, and (v) the power to do all other acts, including the filing of such reports as the court may direct, subject to accounting to the court therefor and otherwise consistent with state and federal law, necessary to protect the patients from the threat or threats set forth in the original petitions, as well as such other threats arising thereafter or out of the same conditions.\n\t\t\tThe court may grant injunctive relief as it deems appropriate to the Department or to its receiver either in conjunction with or subsequent to the granting of a petition for appointment of a receiver under this section.\n\t\t\tThe court may terminate the receivership on the motion of the Department, the receiver, or the owner or operator, upon finding, after a hearing, that either (i) the conditions described in the petition have been substantially eliminated or remedied or (ii) all patients in the nursing home or certified nursing facility have been relocated. Within 30 days after such termination, the receiver shall file a complete report of his activities with the court, including an accounting for all property of which he has taken possession and all funds collected.\n\t\t\tAll costs of administration of a receivership hereunder shall be paid by the receiver out of reimbursement to the nursing home or certified nursing facility from Medicare, Medicaid and other patient care collections. The court, after terminating such receivership, shall enter appropriate orders to ensure such payments upon its approval of the receiver’s reports.\n\t\t\tA receiver appointed under this section shall be an officer of the court, shall not be liable for conditions at the nursing home or certified nursing facility which existed or originated prior to his appointment and shall not be personally liable, except for his own gross negligence and intentional acts which result in injuries to persons or damage to property at the nursing home or certified nursing facility during his receivership.\n\t\t\tThe provisions of this subsection shall not be construed to relieve any owner, operator or other party of any duty imposed by law or of any civil or criminal liability incurred by reason of any act or omission of such owner, operator, or other party.","order_by":null,"text":{"0":{"id":302753,"text":"In addition to the remedies provided in \u00a7\u00a7 32.1-27 and 32.1-27.2, the civil penalties set forth in this section may be imposed by the circuit court for the city or county in which the facility is located as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":302754,"text":"A civil penalty for a Class I violation shall not exceed the lesser of $25 per licensed or certified bed or $1,000 for each day the facility is in violation, beginning on the date the facility was first notified of the violation.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":302755,"text":"A civil penalty for a Class II violation shall not exceed the lesser of $5 per licensed or certified bed or $250 per day for each day the facility is in violation, beginning on the date the facility was first notified of the violation.\n\t\t\t\tIn the event federal law or regulations require a civil penalty in excess of the amounts set forth above for Class I or Class II violations, then the lowest amounts required by such federal law or regulations shall become the maximum civil penalties under this section. The date of notification under this section shall be deemed to be the date of receipt by the facility of written notice of the alleged Class I or Class II violation, which notice shall include specifics of the violation charged and which notice shall be hand delivered or sent by overnight express mail or by registered or certified mail, return receipt requested.\n\t\t\t\tAll civil penalties received pursuant to this subsection shall be paid into a special fund of the Department for the cost of implementation of this section, to be applied to the protection of the health or property of residents or patients of facilities that the Commissioner or the United States Secretary of Health and Human Services finds in violation, including payment for the costs for relocation of patients, maintenance of temporary management or receivership to operate a facility pending correction of a violation, and for reimbursement to residents or patients of lost personal funds.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":302756,"text":"In addition to the remedies provided in §§ 32.1-27 and 32.1-27.2 and the civil penalties set forth in subsection A, the Commissioner may petition the circuit court for the jurisdiction in which any nursing home or certified nursing facility as defined in § 32.1-123 is located for the appointment of a receiver in accordance with the provisions of this subsection whenever such nursing home or certified nursing facility shall (i) receive official notice from the Commissioner that its license has been or will be revoked or suspended, or that its Medicare or Medicaid certification has been or will be cancelled or revoked; or (ii) receive official notice from the United States Department of Health and Human Services or the Department of Medical Assistance Services that its provider agreement has been or will be revoked, cancelled, terminated or not renewed; or (iii) advise the Department of its intention to close or not to renew its license or Medicare or Medicaid provider agreement less than ninety days in advance; or (iv) operate at any time under conditions which present a major and continuing threat to the health, safety, security, rights or welfare of the patients, including the threat of imminent abandonment by the owner or operator, or a pattern of failure to meet ongoing financial obligations such as the inability to pay for essential food, pharmaceuticals, personnel, or required insurance; and (v) the Department is unable to make adequate and timely arrangements for relocating all patients who are receiving medical assistance under this chapter and Title XIX of the Social Security Act in order to ensure their continued safety and health care.\n\t\t\tUpon the filing of a petition for appointment of a receiver, the court shall hold a hearing within ten days, at which time the Department and the owner or operator of the facility may participate and present evidence. The court may grant the petition if it finds any one of the conditions identified in (i) through (iv) to exist in combination with the condition identified in (v) and the court further finds that such conditions will not be remedied and that the patients will not be protected unless the petition is granted.\n\t\t\tNo receivership established under this subsection shall continue in effect for more than 180 days without further order of the court, nor shall the receivership continue in effect following the revocation of the nursing home’s license or the termination of the certified nursing facility’s Medicare or Medicaid provider agreement, except to enforce any post-termination duties of the provider as required by the provisions of the Medicare or Medicaid provider agreement.\n\t\t\tThe appointed receiver shall be a person licensed as nursing home administrator in the Commonwealth pursuant to Title 54.1 or, if not so licensed, shall employ and supervise a person so licensed to administer the day-to-day business of the nursing home or certified nursing facility.\n\t\t\tThe receiver shall have (i) such powers and duties to manage the nursing home or certified nursing facility as the court may grant and direct, including but not limited to the duty to accomplish the orderly relocation of all patients and the right to refuse to admit new patients during the receivership, (ii) the power to receive, conserve, protect and disburse funds, including Medicare and Medicaid payments on behalf of the owner or operator of the nursing home or certified nursing facility, (iii) the power to execute and avoid executory contracts, (iv) the power to hire and discharge employees, and (v) the power to do all other acts, including the filing of such reports as the court may direct, subject to accounting to the court therefor and otherwise consistent with state and federal law, necessary to protect the patients from the threat or threats set forth in the original petitions, as well as such other threats arising thereafter or out of the same conditions.\n\t\t\tThe court may grant injunctive relief as it deems appropriate to the Department or to its receiver either in conjunction with or subsequent to the granting of a petition for appointment of a receiver under this section.\n\t\t\tThe court may terminate the receivership on the motion of the Department, the receiver, or the owner or operator, upon finding, after a hearing, that either (i) the conditions described in the petition have been substantially eliminated or remedied or (ii) all patients in the nursing home or certified nursing facility have been relocated. Within 30 days after such termination, the receiver shall file a complete report of his activities with the court, including an accounting for all property of which he has taken possession and all funds collected.\n\t\t\tAll costs of administration of a receivership hereunder shall be paid by the receiver out of reimbursement to the nursing home or certified nursing facility from Medicare, Medicaid and other patient care collections. The court, after terminating such receivership, shall enter appropriate orders to ensure such payments upon its approval of the receiver’s reports.\n\t\t\tA receiver appointed under this section shall be an officer of the court, shall not be liable for conditions at the nursing home or certified nursing facility which existed or originated prior to his appointment and shall not be personally liable, except for his own gross negligence and intentional acts which result in injuries to persons or damage to property at the nursing home or certified nursing facility during his receivership.\n\t\t\tThe provisions of this subsection shall not be construed to relieve any owner, operator or other party of any duty imposed by law or of any civil or criminal liability incurred by reason of any act or omission of such owner, operator, or other party.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2"}},"ancestry":[{"id":14107,"edition_id":1,"name":"Procedures; Inspections; Orders; Penalties; Representation by Attorney General","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13065,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":201281,"object_type":"structure","relational_id":14107,"identifier":"4","token":"32.1\/1\/4","url":"\/32.1\/1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13065,"edition_id":1,"name":"Administration Generally","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:12","date_modified":"2026-06-26 03:44:12","permalink":{"id":201101,"object_type":"structure","relational_id":13065,"identifier":"1","token":"32.1\/1","url":"\/32.1\/1\/","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":82400,"structure_id":14107,"section_number":"32.1-24","catch_line":"Applicability of Administrative Process Act","url":"\/32.1-24\/","token":"32.1\/1\/4\/32.1-24","metadata":false},{"id":86774,"structure_id":14107,"section_number":"32.1-25","catch_line":"Right of entry to inspect, etc.; warrants","url":"\/32.1-25\/","token":"32.1\/1\/4\/32.1-25","metadata":false},{"id":68435,"structure_id":14107,"section_number":"32.1-26","catch_line":"Orders; hearing and notice","url":"\/32.1-26\/","token":"32.1\/1\/4\/32.1-26","metadata":false},{"id":59474,"structure_id":14107,"section_number":"32.1-27","catch_line":"Penalties, injunctions, civil penalties and charges for violations","url":"\/32.1-27\/","token":"32.1\/1\/4\/32.1-27","metadata":false},{"id":84466,"structure_id":14107,"section_number":"32.1-27.1","catch_line":"Additional civil penalty or appointment of a receiver","url":"\/32.1-27.1\/","token":"32.1\/1\/4\/32.1-27.1","metadata":false},{"id":56823,"structure_id":14107,"section_number":"32.1-27.2","catch_line":"Administrative sanctions","url":"\/32.1-27.2\/","token":"32.1\/1\/4\/32.1-27.2","metadata":false},{"id":77478,"structure_id":14107,"section_number":"32.1-27.3","catch_line":"Sanctions; civil penalty","url":"\/32.1-27.3\/","token":"32.1\/1\/4\/32.1-27.3","metadata":false},{"id":64525,"structure_id":14107,"section_number":"32.1-28","catch_line":"When Attorney General to represent Board; special counsel","url":"\/32.1-28\/","token":"32.1\/1\/4\/32.1-28","metadata":false},{"id":55238,"structure_id":14107,"section_number":"32.1-29","catch_line":"Employment of attorney to defend Board members, employee, etc","url":"\/32.1-29\/","token":"32.1\/1\/4\/32.1-29","metadata":false}],"previous_section":{"id":59474,"structure_id":14107,"section_number":"32.1-27","catch_line":"Penalties, injunctions, civil penalties and charges for violations","url":"\/32.1-27\/","token":"32.1\/1\/4\/32.1-27","metadata":false},"next_section":{"id":56823,"structure_id":14107,"section_number":"32.1-27.2","catch_line":"Administrative sanctions","url":"\/32.1-27.2\/","token":"32.1\/1\/4\/32.1-27.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-27.1\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 618 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 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1996, chapters 788<\/a> and 797<\/a>; in 2023, chapters 482<\/a> and 483<\/a>.<\/p>","references":[{"id":75479,"section_number":"32.1-102.10","catch_line":"Commencing project without certificate or registration grounds for refusing to issue license","order_by":null,"url":"\/32.1-102.10\/"},{"id":63277,"section_number":"32.1-127.01","catch_line":"Regulations to authorize certain disciplinary actions and guidelines","order_by":null,"url":"\/32.1-127.01\/"},{"id":59474,"section_number":"32.1-27","catch_line":"Penalties, injunctions, civil penalties and charges for violations","order_by":null,"url":"\/32.1-27\/"},{"id":77478,"section_number":"32.1-27.3","catch_line":"Sanctions; civil penalty","order_by":null,"url":"\/32.1-27.3\/"}],"refers_to":[{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":59474,"section_number":"32.1-27","catch_line":"Penalties, injunctions, civil penalties and charges for violations","order_by":null,"url":"\/32.1-27\/"},{"id":56823,"section_number":"32.1-27.2","catch_line":"Administrative sanctions","order_by":null,"url":"\/32.1-27.2\/"}],"permalink":{"id":201299,"object_type":"law","relational_id":84466,"identifier":"32.1-27.1","token":"32.1\/1\/4\/32.1-27.1","url":"\/32.1-27.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-27.1\/","token":"32.1\/1\/4\/32.1-27.1","dublin_core":{"Title":"Additional civil penalty or appointment of a receiver","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-27.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to the remedies provided in \u00a7\u00a7 32.1-27<\/a> and 32.1-27.2<\/a>, the civil penalties set forth in this section may be imposed by the circuit<\/span> court<\/span> for the city or county in which the facility is located as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A civil penalty<\/span> for a Class I violation shall not exceed the lesser of $25 per licensed or certified bed or $1,000 for each day the facility is in violation, beginning on the date the facility was first notified of the violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A civil penalty<\/span> for a Class II violation shall not exceed the lesser of $5 per licensed or certified bed or $250 per day for each day the facility is in violation, beginning on the date the facility was first notified of the violation.\n\t\t\t\tIn the event federal law<\/span> or regulations require a civil penalty<\/span> in excess of the amounts set forth above for Class I or Class II violations, then the lowest amounts required by such federal law<\/span> or regulations shall become the maximum civil penalties under this section. The date of notification under this section shall be deemed to be the date of receipt by the facility of written notice of the alleged Class I or Class II violation, which notice shall include specifics of the violation charged and which notice shall be hand delivered or sent by overnight express mail or by registered or certified mail, return receipt requested.\n\t\t\t\tAll civil penalties received pursuant to this subsection shall be paid into a special fund of the Department<\/span> for the cost of implementation of this section, to be applied to the protection of the health or property of residents or patients of facilities that the Commissioner<\/span> or the United States Secretary of Health and Human Services finds in violation, including payment for the costs for relocation of patients, maintenance of temporary management or receivership to operate a facility pending correction of a violation, and for reimbursement to residents or patients of lost personal funds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to the remedies provided in §§ 32.1-27<\/a> and 32.1-27.2<\/a> and the civil penalties set forth in subsection A, the Commissioner<\/span> may petition<\/span> the circuit<\/span> court<\/span> for the jurisdiction<\/span> in which any nursing home or certified nursing facility as defined in § 32.1-123<\/a> is located for the appointment of a receiver in accordance with the provisions of this subsection whenever such nursing home or certified nursing facility shall (i) receive official notice from the Commissioner<\/span> that its license has been or will be revoked or suspended, or that its Medicare or Medicaid certification has been or will be cancelled or revoked; or (ii) receive official notice from the United States Department<\/span> of Health and Human Services or the Department<\/span> of Medical Assistance Services that its provider agreement has been or will be revoked, cancelled, terminated or not renewed; or (iii) advise the Department<\/span> of its intention to close or not to renew its license or Medicare or Medicaid provider agreement less than ninety days in advance; or (iv) operate at any time under conditions which present a major and continuing threat to the health, safety, security, rights or welfare of the patients, including the threat of imminent abandonment by the owner or operator, or a pattern of failure to meet ongoing financial obligations such as the inability to pay for essential food, pharmaceuticals, personnel, or required insurance; and (v) the Department<\/span> is unable to make adequate and timely arrangements for relocating all patients who are receiving medical assistance under this chapter and Title XIX of the Social Security Act in order<\/span> to ensure their continued safety and health care.\n\t\t\tUpon the filing of a petition<\/span> for appointment of a receiver, the court<\/span> shall hold a hearing<\/span> within ten days, at which time the Department<\/span> and the owner or operator of the facility may participate and present evidence<\/span>. The court<\/span> may grant the petition<\/span> if it finds any one of the conditions identified in (i) through (iv) to exist in combination with the condition identified in (v) and the court<\/span> further finds that such conditions will not be remedied and that the patients will not be protected unless the petition<\/span> is granted.\n\t\t\tNo receivership established under this subsection shall continue in effect for more than 180 days without further order<\/span> of the court<\/span>, nor shall the receivership continue in effect following the revocation<\/span> of the nursing home’s license or the termination of the certified nursing facility’s Medicare or Medicaid provider agreement, except to enforce any post-termination duties of the provider as required by the provisions of the Medicare or Medicaid provider agreement.\n\t\t\tThe appointed receiver shall be a person<\/span> licensed as nursing home administrator in the Commonwealth pursuant to Title 54.1 or, if not so licensed, shall employ and supervise a person<\/span> so licensed to administer the day-to-day business of the nursing home or certified nursing facility.\n\t\t\tThe receiver shall have (i) such powers and duties to manage the nursing home or certified nursing facility as the court<\/span> may grant and direct, including but not limited to the duty to accomplish the orderly relocation of all patients and the right to refuse to admit new patients during the receivership, (ii) the power to receive, conserve, protect and disburse funds, including Medicare and Medicaid payments on behalf of the owner or operator of the nursing home or certified nursing facility, (iii) the power to execute and avoid executory contracts<\/span>, (iv) the power to hire and discharge employees, and (v) the power to do all other acts, including the filing of such reports as the court<\/span> may direct, subject to accounting to the court<\/span> therefor and otherwise consistent with state and federal law<\/span>, necessary to protect the patients from the threat or threats set forth in the original petitions<\/span>, as well as such other threats arising thereafter or out of the same conditions.\n\t\t\tThe court<\/span> may grant injunctive relief as it deems appropriate to the Department<\/span> or to its receiver either in conjunction with or subsequent to the granting of a petition<\/span> for appointment of a receiver under this section.\n\t\t\tThe court<\/span> may terminate the receivership on the motion<\/span> of the Department<\/span>, the receiver, or the owner or operator, upon finding<\/span>, after a hearing<\/span>, that either (i) the conditions described in the petition<\/span> have been substantially eliminated or remedied or (ii) all patients in the nursing home or certified nursing facility have been relocated. Within 30 days after such termination, the receiver shall file a complete report of his activities with the court<\/span>, including an accounting for all property of which he has taken possession<\/span> and all funds collected.\n\t\t\tAll costs of administration of a receivership hereunder shall be paid by the receiver out of reimbursement to the nursing home or certified nursing facility from Medicare, Medicaid and other patient care collections. The court<\/span>, after terminating such receivership, shall enter appropriate orders<\/span> to ensure such payments upon its approval of the receiver’s reports.\n\t\t\tA receiver appointed under this section shall be an officer of the court<\/span>, shall not be liable for conditions at the nursing home or certified nursing facility which existed or originated prior to his appointment and shall not be personally liable, except for his own gross negligence<\/span> and intentional acts which result in injuries to persons<\/span> or damage to property at the nursing home or certified nursing facility during his receivership.\n\t\t\tThe provisions of this subsection shall not be construed to relieve any owner, operator or other party<\/span> of any duty imposed by law<\/span> or of any civil or criminal liability incurred by reason of any act or omission of such owner, operator, or other party<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADDITIONAL CIVIL PENALTY OR APPOINTMENT OF A RECEIVER (\u00a7 32.1-27.1)\n\nA. In addition to the remedies provided in \u00a7\u00a7 32.1-27 and 32.1-27.2, the civil\npenalties set forth in this section may be imposed by the circuit court for the\ncity or county in which the facility is located as follows:\n\n 1. A civil penalty for a Class I violation shall not exceed the lesser of $25\n per licensed or certified bed or $1,000 for each day the facility is in\n violation, beginning on the date the facility was first notified of the\n violation.\n\n 2. A civil penalty for a Class II violation shall not exceed the lesser of $5\n per licensed or certified bed or $250 per day for each day the facility is in\n violation, beginning on the date the facility was first notified of the\n violation.\n \t\t\t\tIn the event federal law or regulations require a civil penalty in excess\n of the amounts set forth above for Class I or Class II violations, then the\n lowest amounts required by such federal law or regulations shall become the\n maximum civil penalties under this section. The date of notification under\n this section shall be deemed to be the date of receipt by the facility of\n written notice of the alleged Class I or Class II violation, which notice\n shall include specifics of the violation charged and which notice shall be\n hand delivered or sent by overnight express mail or by registered or certified\n mail, return receipt requested.\n \t\t\t\tAll civil penalties received pursuant to this subsection shall be paid\n into a special fund of the Department for the cost of implementation of this\n section, to be applied to the protection of the health or property of\n residents or patients of facilities that the Commissioner or the United States\n Secretary of Health and Human Services finds in violation, including payment\n for the costs for relocation of patients, maintenance of temporary management\n or receivership to operate a facility pending correction of a violation, and\n for reimbursement to residents or patients of lost personal funds.\n\nB. In addition to the remedies provided in §§ 32.1-27 and 32.1-27.2\nand the civil penalties set forth in subsection A, the Commissioner may petition\nthe circuit court for the jurisdiction in which any nursing home or certified\nnursing facility as defined in § 32.1-123 is located for the appointment of\na receiver in accordance with the provisions of this subsection whenever such\nnursing home or certified nursing facility shall (i) receive official notice\nfrom the Commissioner that its license has been or will be revoked or suspended,\nor that its Medicare or Medicaid certification has been or will be cancelled or\nrevoked; or (ii) receive official notice from the United States Department of\nHealth and Human Services or the Department of Medical Assistance Services that\nits provider agreement has been or will be revoked, cancelled, terminated or not\nrenewed; or (iii) advise the Department of its intention to close or not to\nrenew its license or Medicare or Medicaid provider agreement less than ninety\ndays in advance; or (iv) operate at any time under conditions which present a\nmajor and continuing threat to the health, safety, security, rights or welfare\nof the patients, including the threat of imminent abandonment by the owner or\noperator, or a pattern of failure to meet ongoing financial obligations such as\nthe inability to pay for essential food, pharmaceuticals, personnel, or required\ninsurance; and (v) the Department is unable to make adequate and timely\narrangements for relocating all patients who are receiving medical assistance\nunder this chapter and Title XIX of the Social Security Act in order to ensure\ntheir continued safety and health care.\n\t\t\tUpon the filing of a petition for appointment of a receiver, the court shall\nhold a hearing within ten days, at which time the Department and the owner or\noperator of the facility may participate and present evidence. The court may\ngrant the petition if it finds any one of the conditions identified in (i)\nthrough (iv) to exist in combination with the condition identified in (v) and\nthe court further finds that such conditions will not be remedied and that the\npatients will not be protected unless the petition is granted.\n\t\t\tNo receivership established under this subsection shall continue in effect\nfor more than 180 days without further order of the court, nor shall the\nreceivership continue in effect following the revocation of the nursing\nhome’s license or the termination of the certified nursing\nfacility’s Medicare or Medicaid provider agreement, except to enforce any\npost-termination duties of the provider as required by the provisions of the\nMedicare or Medicaid provider agreement.\n\t\t\tThe appointed receiver shall be a person licensed as nursing home\nadministrator in the Commonwealth pursuant to Title 54.1 or, if not so licensed,\nshall employ and supervise a person so licensed to administer the day-to-day\nbusiness of the nursing home or certified nursing facility.\n\t\t\tThe receiver shall have (i) such powers and duties to manage the nursing home\nor certified nursing facility as the court may grant and direct, including but\nnot limited to the duty to accomplish the orderly relocation of all patients and\nthe right to refuse to admit new patients during the receivership, (ii) the\npower to receive, conserve, protect and disburse funds, including Medicare and\nMedicaid payments on behalf of the owner or operator of the nursing home or\ncertified nursing facility, (iii) the power to execute and avoid executory\ncontracts, (iv) the power to hire and discharge employees, and (v) the power to\ndo all other acts, including the filing of such reports as the court may direct,\nsubject to accounting to the court therefor and otherwise consistent with state\nand federal law, necessary to protect the patients from the threat or threats\nset forth in the original petitions, as well as such other threats arising\nthereafter or out of the same conditions.\n\t\t\tThe court may grant injunctive relief as it deems appropriate to the\nDepartment or to its receiver either in conjunction with or subsequent to the\ngranting of a petition for appointment of a receiver under this section.\n\t\t\tThe court may terminate the receivership on the motion of the Department, the\nreceiver, or the owner or operator, upon finding, after a hearing, that either\n(i) the conditions described in the petition have been substantially eliminated\nor remedied or (ii) all patients in the nursing home or certified nursing\nfacility have been relocated. Within 30 days after such termination, the\nreceiver shall file a complete report of his activities with the court,\nincluding an accounting for all property of which he has taken possession and\nall funds collected.\n\t\t\tAll costs of administration of a receivership hereunder shall be paid by the\nreceiver out of reimbursement to the nursing home or certified nursing facility\nfrom Medicare, Medicaid and other patient care collections. The court, after\nterminating such receivership, shall enter appropriate orders to ensure such\npayments upon its approval of the receiver’s reports.\n\t\t\tA receiver appointed under this section shall be an officer of the court,\nshall not be liable for conditions at the nursing home or certified nursing\nfacility which existed or originated prior to his appointment and shall not be\npersonally liable, except for his own gross negligence and intentional acts\nwhich result in injuries to persons or damage to property at the nursing home or\ncertified nursing facility during his receivership.\n\t\t\tThe provisions of this subsection shall not be construed to relieve any\nowner, operator or other party of any duty imposed by law or of any civil or\ncriminal liability incurred by reason of any act or omission of such owner,\noperator, or other party.\n\nHISTORY: 1989, c. 618; 1996, cc. 788, 797; 2023, cc. 482, 483.","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}}