{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-27.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-27.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-27.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-27.2.html"}],"law_id":56823,"edition_id":1,"section_id":56823,"structure_id":14107,"section_number":"32.1-27.2","catch_line":"Administrative sanctions","history":"2023, cc. 482, 483.","full_text":"A\n\nNotwithstanding any other provision of law, the Commissioner may impose administrative sanctions in accordance with this section on any certified nursing facility, if that certified nursing facility does not comply with the provisions of regulations promulgated pursuant to subdivision B 32 of § 32.1-127. The Commissioner shall not impose any administrative sanctions authorized under this section until regulations are promulgated pursuant to subsection G.B\n\nThe Commissioner shall have authority to annually determine whether or not to impose any sanctions under subsection C for noncompliance with the provisions of regulations promulgated pursuant to subdivision B 32 of \u00a7 32.1-127, if the certified nursing facility:1\n\nWas affected by a declared emergency, or an act of God, that had an impact on the ability to hire or retain staff at levels required under subdivision B 32 of § 32.1-127. To the extent necessary, the Commissioner may review trended employment data for direct care staff, as provided by the certified nursing facility, to determine the effect of such emergencies or acts of God in assessing this criterion. Failure to provide adequate data may remove this criterion from the Commissioner’s consideration;2\n\nHas made a concerted effort to recruit and retain direct care staff as evidenced through position advertisements, interviews, offers, financial incentives, and nonfinancial incentives. The certified nursing facility shall provide such evidence upon request of the Commissioner for consideration. Failure to provide adequate evidence may remove this criterion from the Commissioner’s consideration; or3\n\nWas located in a medically underserved area and such location severely limited the ability of the certified nursing facility to recruit and retain direct care staff despite a concerted effort to recruit and retain direct care staff. The certified nursing facility shall provide evidence upon request of the Commissioner for consideration. Failure to provide adequate evidence may remove this criterion from the Commissioner’s consideration.C\n\nPrior to restricting or prohibiting new admissions to a certified nursing facility, suspending or refusing to renew or reinstate any nursing home license, or revoking any nursing home license issued pursuant to Article 1 (\u00a7 32.1-123 et seq.) of Chapter 5, the Commissioner shall first impose the following iterative administrative sanctions:1\n\nWhen a certified nursing facility is not in compliance with subdivision B 32 of § 32.1-127 and the conditions under subsection B do not exist, the Commissioner shall require the submission of an annual corrective action plan by a certified nursing facility and, upon approval of such plan by the Commissioner, compliance with such plan. A corrective action plan shall only articulate strategies to be utilized to increase direct care staffing with the goal of compliance with subdivision B 32 of § 32.1-127 or improvement on the total nurse staffing hours metric, as defined by the Virginia Medicaid Nursing Facility Value-Based Purchasing (VBP) program. The Commissioner shall consider evidence of direct care staff hours provided in addition to the payroll based journal report, if requested by a certified nursing facility, and may or may not impose a corrective action plan under this section. The Commissioner shall consider the following:\n\t\t\t\ta. If the annual measurement immediately subsequent to issuance of the corrective action plan shows compliance with subdivision B 32 of § 32.1-127, no additional administrative sanctions are warranted, and the corrective action plan is deemed inactive but shall be retained by the Commissioner pursuant to the Virginia Public Records Act (§ 42.1-76 et seq.); or\n\t\t\t\tb. If the annual measurement immediately subsequent to issuance of the corrective action plan still shows noncompliance with subdivision B 32 of § 32.1-127, but the VBP program, as administered by the Department of Medical Assistance Services, indicates defined improvement on the total nurse staffing hours metric, the Commissioner shall repeat the provisions of subdivision 1; or\n\t\t\t\tc. If the annual measurement immediately subsequent to issuance of the corrective action plan still shows noncompliance with subdivision B 32 of § 32.1-127, and the VBP program, as administered by the Department of Medical Assistance Services, does not indicate defined improvement on the total nurse staffing hours metric, the Commissioner shall repeat the provisions of subdivision 1 and may, under circumstances described, provide additional sanctions under subdivisions 2 and 3;2\n\nTo the extent that any consecutive annual corrective action plan is required and results articulated in subdivision 1 c are obtained a second consecutive time, the Commissioner may impose a monetary penalty of up to $50,000 for each subsequent consecutive annual period in which compliance with subdivision B 32 of § 32.1-127 or defined improvement on the total nurse staffing hours metric under the VBP program is not attained; and3\n\nTo the extent that a certified nursing facility is out of compliance with subdivision B 32 of § 32.1-127 or fails to show defined improvement on the total nurse staffing hours metric under the VBP program after three consecutive corrective action plans, the Commissioner may place the nursing home or certified nursing facility on probation.D\n\nA certified nursing facility sanctioned by the Commissioner shall retain responsibility for the health, safety, and welfare of any person under its care, including the timely transfer or relocation of such persons as may be deemed necessary by the Commissioner in compliance with state and federal discharge rights and protections for nursing home residents.E\n\nAfter deduction of the administrative costs of the Commissioner and the Department in furtherance of this section, any penalties collected under this section shall be paid to the special fund as set forth in § 32.1-27.1.F\n\nPrior to imposing administrative sanctions, the Commissioner shall provide the facility with reasonable notice. To the extent that sanctions are imposed, the facility shall be entitled to all rights under the Administrative Process Act (§ 2.2-4000 et seq.) and to a de novo appeal to circuit court.G\n\nThe Board shall promulgate regulations to implement the provisions of this section consistent with the Administrative Process Act (§ 2.2-4000 et seq.).","order_by":null,"text":{"0":{"id":208096,"text":"Notwithstanding any other provision of law, the Commissioner may impose administrative sanctions in accordance with this section on any certified nursing facility, if that certified nursing facility does not comply with the provisions of regulations promulgated pursuant to subdivision B 32 of § 32.1-127. The Commissioner shall not impose any administrative sanctions authorized under this section until regulations are promulgated pursuant to subsection G.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":208097,"text":"The Commissioner shall have authority to annually determine whether or not to impose any sanctions under subsection C for noncompliance with the provisions of regulations promulgated pursuant to subdivision B 32 of \u00a7 32.1-127, if the certified nursing facility:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":208098,"text":"Was affected by a declared emergency, or an act of God, that had an impact on the ability to hire or retain staff at levels required under subdivision B 32 of § 32.1-127. To the extent necessary, the Commissioner may review trended employment data for direct care staff, as provided by the certified nursing facility, to determine the effect of such emergencies or acts of God in assessing this criterion. Failure to provide adequate data may remove this criterion from the Commissioner’s consideration;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":208099,"text":"Has made a concerted effort to recruit and retain direct care staff as evidenced through position advertisements, interviews, offers, financial incentives, and nonfinancial incentives. The certified nursing facility shall provide such evidence upon request of the Commissioner for consideration. Failure to provide adequate evidence may remove this criterion from the Commissioner’s consideration; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":208100,"text":"Was located in a medically underserved area and such location severely limited the ability of the certified nursing facility to recruit and retain direct care staff despite a concerted effort to recruit and retain direct care staff. The certified nursing facility shall provide evidence upon request of the Commissioner for consideration. Failure to provide adequate evidence may remove this criterion from the Commissioner’s consideration.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":208101,"text":"Prior to restricting or prohibiting new admissions to a certified nursing facility, suspending or refusing to renew or reinstate any nursing home license, or revoking any nursing home license issued pursuant to Article 1 (\u00a7 32.1-123 et seq.) of Chapter 5, the Commissioner shall first impose the following iterative administrative sanctions:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"C1"},"6":{"id":208102,"text":"When a certified nursing facility is not in compliance with subdivision B 32 of § 32.1-127 and the conditions under subsection B do not exist, the Commissioner shall require the submission of an annual corrective action plan by a certified nursing facility and, upon approval of such plan by the Commissioner, compliance with such plan. A corrective action plan shall only articulate strategies to be utilized to increase direct care staffing with the goal of compliance with subdivision B 32 of § 32.1-127 or improvement on the total nurse staffing hours metric, as defined by the Virginia Medicaid Nursing Facility Value-Based Purchasing (VBP) program. The Commissioner shall consider evidence of direct care staff hours provided in addition to the payroll based journal report, if requested by a certified nursing facility, and may or may not impose a corrective action plan under this section. The Commissioner shall consider the following:\n\t\t\t\ta. If the annual measurement immediately subsequent to issuance of the corrective action plan shows compliance with subdivision B 32 of § 32.1-127, no additional administrative sanctions are warranted, and the corrective action plan is deemed inactive but shall be retained by the Commissioner pursuant to the Virginia Public Records Act (§ 42.1-76 et seq.); or\n\t\t\t\tb. If the annual measurement immediately subsequent to issuance of the corrective action plan still shows noncompliance with subdivision B 32 of § 32.1-127, but the VBP program, as administered by the Department of Medical Assistance Services, indicates defined improvement on the total nurse staffing hours metric, the Commissioner shall repeat the provisions of subdivision 1; or\n\t\t\t\tc. If the annual measurement immediately subsequent to issuance of the corrective action plan still shows noncompliance with subdivision B 32 of § 32.1-127, and the VBP program, as administered by the Department of Medical Assistance Services, does not indicate defined improvement on the total nurse staffing hours metric, the Commissioner shall repeat the provisions of subdivision 1 and may, under circumstances described, provide additional sanctions under subdivisions 2 and 3;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"7":{"id":208103,"text":"To the extent that any consecutive annual corrective action plan is required and results articulated in subdivision 1 c are obtained a second consecutive time, the Commissioner may impose a monetary penalty of up to $50,000 for each subsequent consecutive annual period in which compliance with subdivision B 32 of § 32.1-127 or defined improvement on the total nurse staffing hours metric under the VBP program is not attained; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"8":{"id":208104,"text":"To the extent that a certified nursing facility is out of compliance with subdivision B 32 of § 32.1-127 or fails to show defined improvement on the total nurse staffing hours metric under the VBP program after three consecutive corrective action plans, the Commissioner may place the nursing home or certified nursing facility on probation.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"9":{"id":208105,"text":"A certified nursing facility sanctioned by the Commissioner shall retain responsibility for the health, safety, and welfare of any person under its care, including the timely transfer or relocation of such persons as may be deemed necessary by the Commissioner in compliance with state and federal discharge rights and protections for nursing home residents.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"10":{"id":208106,"text":"After deduction of the administrative costs of the Commissioner and the Department in furtherance of this section, any penalties collected under this section shall be paid to the special fund as set forth in § 32.1-27.1.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":208107,"text":"Prior to imposing administrative sanctions, the Commissioner shall provide the facility with reasonable notice. To the extent that sanctions are imposed, the facility shall be entitled to all rights under the Administrative Process Act (§ 2.2-4000 et seq.) and to a de novo appeal to circuit court.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"12":{"id":208108,"text":"The Board shall promulgate regulations to implement the provisions of this section consistent with the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-27.2\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapters 482<\/a> and 483<\/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.<\/p>","references":[{"id":84466,"section_number":"32.1-27.1","catch_line":"Additional civil penalty or appointment of a receiver","order_by":null,"url":"\/32.1-27.1\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":85883,"section_number":"32.1-127","catch_line":"(Effective January 1, 2026) Regulations","order_by":null,"url":"\/32.1-127\/"},{"id":74854,"section_number":"42.1-76","catch_line":"Legislative intent; title of chapter","order_by":null,"url":"\/42.1-76\/"}],"permalink":{"id":201303,"object_type":"law","relational_id":56823,"identifier":"32.1-27.2","token":"32.1\/1\/4\/32.1-27.2","url":"\/32.1-27.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-27.2\/","token":"32.1\/1\/4\/32.1-27.2","dublin_core":{"Title":"Administrative sanctions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-27.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of law<\/span>, the Commissioner<\/span> may impose administrative sanctions<\/span> in accordance with this section on any certified nursing facility, if that certified nursing facility does not comply with the provisions of regulations promulgated pursuant to subdivision B 32 of § 32.1-127<\/a>. The Commissioner<\/span> shall not impose any administrative sanctions<\/span> authorized under this section until regulations are promulgated pursuant to subsection G. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> shall have authority to annually determine whether or not to impose any sanctions<\/span> under subsection C for noncompliance with the provisions of regulations promulgated pursuant to subdivision B 32 of \u00a7 32.1-127<\/a>, if the certified nursing facility: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Was affected by a declared emergency, or an act of God, that had an impact on the ability to hire or retain staff at levels required under subdivision B 32 of § 32.1-127<\/a>. To the extent necessary, the Commissioner<\/span> may review trended employment data for direct care staff, as provided by the certified nursing facility, to determine the effect of such emergencies or acts of God in assessing this criterion. Failure to provide adequate data may remove this criterion from the Commissioner<\/span>’s consideration; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Has made a concerted effort to recruit and retain direct care staff as evidenced through position advertisements, interviews, offers, financial incentives, and nonfinancial incentives. The certified nursing facility shall provide such evidence<\/span> upon request of the Commissioner<\/span> for consideration. Failure to provide adequate evidence<\/span> may remove this criterion from the Commissioner<\/span>’s consideration; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Was located in a medically underserved area and such location severely limited the ability of the certified nursing facility to recruit and retain direct care staff despite a concerted effort to recruit and retain direct care staff. The certified nursing facility shall provide evidence<\/span> upon request of the Commissioner<\/span> for consideration. Failure to provide adequate evidence<\/span> may remove this criterion from the Commissioner<\/span>’s consideration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Prior to restricting or prohibiting new admissions to a certified nursing facility, suspending or refusing to renew or reinstate any nursing home license, or revoking any nursing home license issued pursuant to Article 1 (\u00a7 32.1-123<\/a> et seq.) of Chapter 5, the Commissioner<\/span> shall first impose the following iterative administrative sanctions<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> When a certified nursing facility is not in compliance with subdivision B 32 of § 32.1-127<\/a> and the conditions under subsection B do not exist, the Commissioner<\/span> shall require the submission of an annual corrective action plan by a certified nursing facility and, upon approval of such plan by the Commissioner<\/span>, compliance with such plan. A corrective action plan shall only articulate strategies to be utilized to increase direct care staffing with the goal of compliance with subdivision B 32 of § 32.1-127<\/a> or improvement on the total nurse staffing hours metric, as defined by the Virginia Medicaid Nursing Facility Value-Based Purchasing (VBP) program. The Commissioner<\/span> shall consider evidence<\/span> of direct care staff hours provided in addition to the payroll based journal report, if requested by a certified nursing facility, and may or may not impose a corrective action plan under this section. The Commissioner<\/span> shall consider the following:\n\t\t\t\ta. If the annual measurement immediately subsequent to issuance of the corrective action plan shows compliance with subdivision B 32 of § 32.1-127<\/a>, no additional administrative sanctions<\/span> are warranted, and the corrective action plan is deemed inactive but shall be retained by the Commissioner<\/span> pursuant to the Virginia Public Records Act (§ 42.1-76<\/a> et seq.); or\n\t\t\t\tb. If the annual measurement immediately subsequent to issuance of the corrective action plan still shows noncompliance with subdivision B 32 of § 32.1-127<\/a>, but the VBP program, as administered by the Department<\/span> of Medical Assistance Services, indicates defined improvement on the total nurse staffing hours metric, the Commissioner<\/span> shall repeat the provisions of subdivision 1; or\n\t\t\t\tc. If the annual measurement immediately subsequent to issuance of the corrective action plan still shows noncompliance with subdivision B 32 of § 32.1-127<\/a>, and the VBP program, as administered by the Department<\/span> of Medical Assistance Services, does not indicate defined improvement on the total nurse staffing hours metric, the Commissioner<\/span> shall repeat the provisions of subdivision 1 and may, under circumstances described, provide additional sanctions<\/span> under subdivisions 2 and 3; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To the extent that any consecutive annual corrective action plan is required and results articulated in subdivision 1 c are obtained a second consecutive time, the Commissioner<\/span> may impose a monetary penalty<\/span> of up to $50,000 for each subsequent consecutive annual period in which compliance with subdivision B 32 of § 32.1-127<\/a> or defined improvement on the total nurse staffing hours metric under the VBP program is not attained; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To the extent that a certified nursing facility is out of compliance with subdivision B 32 of § 32.1-127<\/a> or fails to show defined improvement on the total nurse staffing hours metric under the VBP program after three consecutive corrective action plans, the Commissioner<\/span> may place the nursing home or certified nursing facility on probation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A certified nursing facility sanctioned by the Commissioner<\/span> shall retain responsibility for the health, safety, and welfare of any person<\/span> under its care, including the timely transfer or relocation of such persons<\/span> as may be deemed necessary by the Commissioner<\/span> in compliance with state and federal discharge rights and protections for nursing home residents. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> After deduction of the administrative costs of the Commissioner<\/span> and the Department<\/span> in furtherance of this section, any penalties collected under this section shall be paid to the special fund as set forth in § 32.1-27.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Prior to imposing administrative sanctions<\/span>, the Commissioner<\/span> shall provide the facility with reasonable notice. To the extent that sanctions<\/span> are imposed, the facility shall be entitled to all rights under the Administrative Process Act (§ 2.2-4000<\/a> et seq.) and to a de novo<\/span> appeal<\/span> to circuit<\/span> court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Board<\/span> shall promulgate regulations to implement the provisions of this section consistent with the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMINISTRATIVE SANCTIONS (\u00a7 32.1-27.2)\n\nA. Notwithstanding any other provision of law, the Commissioner may impose\nadministrative sanctions in accordance with this section on any certified\nnursing facility, if that certified nursing facility does not comply with the\nprovisions of regulations promulgated pursuant to subdivision B 32 of §\n32.1-127. The Commissioner shall not impose any administrative sanctions\nauthorized under this section until regulations are promulgated pursuant to\nsubsection G.\n\nB. The Commissioner shall have authority to annually determine whether or not to\nimpose any sanctions under subsection C for noncompliance with the provisions of\nregulations promulgated pursuant to subdivision B 32 of \u00a7 32.1-127, if the\ncertified nursing facility:\n\n 1. Was affected by a declared emergency, or an act of God, that had an impact\n on the ability to hire or retain staff at levels required under subdivision B\n 32 of § 32.1-127. To the extent necessary, the Commissioner may review\n trended employment data for direct care staff, as provided by the certified\n nursing facility, to determine the effect of such emergencies or acts of God\n in assessing this criterion. Failure to provide adequate data may remove this\n criterion from the Commissioner’s consideration;\n\n 2. Has made a concerted effort to recruit and retain direct care staff as\n evidenced through position advertisements, interviews, offers, financial\n incentives, and nonfinancial incentives. The certified nursing facility shall\n provide such evidence upon request of the Commissioner for consideration.\n Failure to provide adequate evidence may remove this criterion from the\n Commissioner’s consideration; or\n\n 3. Was located in a medically underserved area and such location severely\n limited the ability of the certified nursing facility to recruit and retain\n direct care staff despite a concerted effort to recruit and retain direct care\n staff. The certified nursing facility shall provide evidence upon request of\n the Commissioner for consideration. Failure to provide adequate evidence may\n remove this criterion from the Commissioner’s consideration.\n\nC. Prior to restricting or prohibiting new admissions to a certified nursing\nfacility, suspending or refusing to renew or reinstate any nursing home license,\nor revoking any nursing home license issued pursuant to Article 1 (\u00a7 32.1-123\net seq.) of Chapter 5, the Commissioner shall first impose the following\niterative administrative sanctions:\n\n 1. When a certified nursing facility is not in compliance with subdivision B\n 32 of § 32.1-127 and the conditions under subsection B do not exist, the\n Commissioner shall require the submission of an annual corrective action plan\n by a certified nursing facility and, upon approval of such plan by the\n Commissioner, compliance with such plan. A corrective action plan shall only\n articulate strategies to be utilized to increase direct care staffing with the\n goal of compliance with subdivision B 32 of § 32.1-127 or improvement on\n the total nurse staffing hours metric, as defined by the Virginia Medicaid\n Nursing Facility Value-Based Purchasing (VBP) program. The Commissioner shall\n consider evidence of direct care staff hours provided in addition to the\n payroll based journal report, if requested by a certified nursing facility,\n and may or may not impose a corrective action plan under this section. The\n Commissioner shall consider the following:\n \t\t\t\ta. If the annual measurement immediately subsequent to issuance of the\n corrective action plan shows compliance with subdivision B 32 of §\n 32.1-127, no additional administrative sanctions are warranted, and the\n corrective action plan is deemed inactive but shall be retained by the\n Commissioner pursuant to the Virginia Public Records Act (§ 42.1-76 et\n seq.); or\n \t\t\t\tb. If the annual measurement immediately subsequent to issuance of the\n corrective action plan still shows noncompliance with subdivision B 32 of\n § 32.1-127, but the VBP program, as administered by the Department of\n Medical Assistance Services, indicates defined improvement on the total nurse\n staffing hours metric, the Commissioner shall repeat the provisions of\n subdivision 1; or\n \t\t\t\tc. If the annual measurement immediately subsequent to issuance of the\n corrective action plan still shows noncompliance with subdivision B 32 of\n § 32.1-127, and the VBP program, as administered by the Department of\n Medical Assistance Services, does not indicate defined improvement on the\n total nurse staffing hours metric, the Commissioner shall repeat the\n provisions of subdivision 1 and may, under circumstances described, provide\n additional sanctions under subdivisions 2 and 3;\n\n 2. To the extent that any consecutive annual corrective action plan is\n required and results articulated in subdivision 1 c are obtained a second\n consecutive time, the Commissioner may impose a monetary penalty of up to\n $50,000 for each subsequent consecutive annual period in which compliance with\n subdivision B 32 of § 32.1-127 or defined improvement on the total nurse\n staffing hours metric under the VBP program is not attained; and\n\n 3. To the extent that a certified nursing facility is out of compliance with\n subdivision B 32 of § 32.1-127 or fails to show defined improvement on\n the total nurse staffing hours metric under the VBP program after three\n consecutive corrective action plans, the Commissioner may place the nursing\n home or certified nursing facility on probation.\n\nD. A certified nursing facility sanctioned by the Commissioner shall retain\nresponsibility for the health, safety, and welfare of any person under its care,\nincluding the timely transfer or relocation of such persons as may be deemed\nnecessary by the Commissioner in compliance with state and federal discharge\nrights and protections for nursing home residents.\n\nE. After deduction of the administrative costs of the Commissioner and the\nDepartment in furtherance of this section, any penalties collected under this\nsection shall be paid to the special fund as set forth in § 32.1-27.1.\n\nF. Prior to imposing administrative sanctions, the Commissioner shall provide\nthe facility with reasonable notice. To the extent that sanctions are imposed,\nthe facility shall be entitled to all rights under the Administrative Process\nAct (§ 2.2-4000 et seq.) and to a de novo appeal to circuit court.\n\nG. The Board shall promulgate regulations to implement the provisions of this\nsection consistent with the Administrative Process Act (§ 2.2-4000 et\nseq.).\n\nHISTORY: 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}}