{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-330.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-330.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-330.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-330.html"}],"law_id":85726,"edition_id":1,"section_id":85726,"structure_id":13276,"section_number":"32.1-330","catch_line":"Long-term services and supports screening required","history":"1984, c. 781; 1990, c. 716; 2003, c. 480; 2014, cc. 285, 413; 2015, c. 542; 2017, c. 749; 2019, c. 430; 2020, cc. 304, 365; 2023, cc. 184, 185; 2024, cc. 24, 48, 152, 517.","full_text":"A\n\nAs used in this section, “acute care hospital” includes an acute care hospital, a rehabilitation hospital, a rehabilitation unit in an acute care hospital, or a psychiatric unit in an acute care hospital.B\n\nEvery individual who applies for or requests community or institutional long-term services and supports as defined in the state plan for medical assistance services may choose to receive services in a community or institutional setting. Every individual who applies for or requests community or institutional long-term services and supports shall be afforded the opportunity to choose the setting and provider of long-term services and supports.C\n\nEvery individual who applies for or requests community or institutional long-term services and supports shall be screened prior to, or in the situations described in subsection F within three business days of, initiation of such community or institutional long-term services and supports to determine his need for long-term services and supports, including nursing facility services as defined in the state plan for medical assistance services. The type of long-term services and supports screening performed shall not limit the long-term services and supports settings or providers for which the individual is eligible.D\n\nExcept as otherwise provided in this subsection, if an individual who applies for or requests long-term services and supports as defined in the state plan for medical assistance services is residing in a community setting at the time of such application or request, the screening for long-term services and supports required pursuant to subsection C shall be completed by a long-term services and supports screening team that includes a nurse, social worker or other assessor designated by the Department who is an employee of the Department of Health or the local department of social services and a physician who is employed or engaged by the Department of Health. To the extent such screening team determines it is unable to complete the long-term services and supports screening within 30 days and the individual is in imminent need of nursing facility placement, such screening team shall confer as to which entity can most expeditiously conduct the long-term services and supports screening. The nursing facility screening team as described in subsection F shall be authorized to conduct such screening if it is determined that it is the most expeditious option. To the extent such screening team determines it is unable to complete the long-term services and supports screening within 30 days or the individual has requested enrollment in a program of all-inclusive care for the elderly (PACE) as defined in § 32.1-330.3, such screening team shall confer as to which entity can most expeditiously conduct the long-term services and supports screening. Qualified staff of the PACE program shall be organized to conduct such screening if it is determined that it is the most expeditious option.E\n\nIf an individual who applies for or requests long-term services and supports as defined in the state plan for medical assistance services is receiving inpatient services in an acute care hospital at the time of such application or request and will immediately begin receiving long-term services and supports as defined in the state plan for medical assistance services pursuant to a discharge order from an acute care hospital, the screening for long-term services and supports required pursuant to subsection C shall be completed by the acute care hospital in accordance with the screening requirements established by the Department. Any individual receiving inpatient services in an acute care hospital discharged to a nursing facility for skilled care only is not required to be screened prior to discharge from the hospital unless the individual requests the screening.F\n\nIf an individual who applies for or requests long-term services and supports as defined in the state plan for medical assistance services is receiving skilled nursing services in a nursing facility, or in the situation described in subsection D where the nursing facility screening team is authorized to conduct the long-term services and supports screening, the Department shall require qualified staff of the nursing facility to conduct the long-term services and supports screening prior to or within three business days of initiation of long-term services and supports and in accordance with the requirements established by the Department, with the results certified by a physician prior to or within three business days of initiation of long-term services and supports under the state plan for medical assistance services.G\n\nIf an individual is admitted to a nursing facility and such individual was not screened but is subsequently determined to have been required to be screened prior to admission to the nursing facility, then the qualified staff designated in subsection F may conduct a screening after admission. Coverage of institutional long-term services and supports under this subsection by the Commonwealth’s program of medical assistance services indicated by the screening shall not begin until six months after the initial admission to the nursing facility. During this six-month period, the nursing home in which the individual resides shall be responsible for all costs indicated for institutional long-term services and supports that would otherwise have been covered by the Commonwealth’s program of medical assistance services, without accessing patient funds. Six months after the date of admission to the nursing facility, and as indicated through the eligibility determination, the Commonwealth’s program of medical assistance services shall assume coverage of such services. To the extent that sufficient evidence is provided to indicate that the admission without screening was of no fault of the nursing facility, the Department shall begin coverage of institutional long-term services and supports under this subsection by the Commonwealth’s program of medical assistance services immediately upon the completion of the functional screening indicating nursing facility level of care pending the financial eligibility determination.H\n\nIf an individual seeks enrollment in a program of all-inclusive care for the elderly (PACE) as defined in § 32.1-330.3, qualified staff of the PACE program may conduct the long-term services and supports screening in accordance with the requirements established by the Department, with the results certified by the PACE program’s physician prior to the initiation of long-term services and supports under the state plan for medical assistance services. If a PACE program is unable to complete the long-term services and supports screening of an individual, the screening teams described in subsection D or the acute care hospital described in subsection E shall conduct the screening.I\n\nIn any jurisdiction in which a long-term services and supports screening team described in subsection D or the acute care hospital described in subsection E has failed or is unable to perform the long-term services and supports screenings required by subsection D or E within 30 days of receipt of the individual’s application or request for long-term services and supports under the state plan, the Department shall enter into contracts with other public or private entities to conduct such long-term services and supports screenings in addition to or in lieu of the long-term services and supports screening teams described in subsection D or the acute care hospitals described in subsection E. This subsection shall not apply to the specific circumstances outlined in subsection D where the qualified staff of a nursing facility or PACE program agree to conduct such screening.J\n\nThe Department shall require all individuals who perform long-term services and supports screenings pursuant to this section to receive training on and be certified in the use of the long-term services and supports screening tool for eligibility for community or institutional long-term services and supports provided in accordance with the state plan for medical assistance services prior to conducting such long-term services and supports screenings.K\n\nThe Department shall report annually by August 1 to the Governor and the Chairmen of the House Committee on Health and Human Services and the Senate Committee on Education and Health regarding (i) the number of long-term services and supports screenings for eligibility for community and institutional long-term services and supports conducted pursuant to this section and (ii) the number of cases in which the Department or the public or private entity with which the Department has entered into a contract to conduct such long-term services and supports screenings fails to complete such long-term services and supports screenings within 30 days.","order_by":null,"text":{"0":{"id":307021,"text":"As used in this section, “acute care hospital” includes an acute care hospital, a rehabilitation hospital, a rehabilitation unit in an acute care hospital, or a psychiatric unit in an acute care hospital.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":307022,"text":"Every individual who applies for or requests community or institutional long-term services and supports as defined in the state plan for medical assistance services may choose to receive services in a community or institutional setting. Every individual who applies for or requests community or institutional long-term services and supports shall be afforded the opportunity to choose the setting and provider of long-term services and supports.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":307023,"text":"Every individual who applies for or requests community or institutional long-term services and supports shall be screened prior to, or in the situations described in subsection F within three business days of, initiation of such community or institutional long-term services and supports to determine his need for long-term services and supports, including nursing facility services as defined in the state plan for medical assistance services. The type of long-term services and supports screening performed shall not limit the long-term services and supports settings or providers for which the individual is eligible.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":307024,"text":"Except as otherwise provided in this subsection, if an individual who applies for or requests long-term services and supports as defined in the state plan for medical assistance services is residing in a community setting at the time of such application or request, the screening for long-term services and supports required pursuant to subsection C shall be completed by a long-term services and supports screening team that includes a nurse, social worker or other assessor designated by the Department who is an employee of the Department of Health or the local department of social services and a physician who is employed or engaged by the Department of Health. To the extent such screening team determines it is unable to complete the long-term services and supports screening within 30 days and the individual is in imminent need of nursing facility placement, such screening team shall confer as to which entity can most expeditiously conduct the long-term services and supports screening. The nursing facility screening team as described in subsection F shall be authorized to conduct such screening if it is determined that it is the most expeditious option. To the extent such screening team determines it is unable to complete the long-term services and supports screening within 30 days or the individual has requested enrollment in a program of all-inclusive care for the elderly (PACE) as defined in § 32.1-330.3, such screening team shall confer as to which entity can most expeditiously conduct the long-term services and supports screening. Qualified staff of the PACE program shall be organized to conduct such screening if it is determined that it is the most expeditious option.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":307025,"text":"If an individual who applies for or requests long-term services and supports as defined in the state plan for medical assistance services is receiving inpatient services in an acute care hospital at the time of such application or request and will immediately begin receiving long-term services and supports as defined in the state plan for medical assistance services pursuant to a discharge order from an acute care hospital, the screening for long-term services and supports required pursuant to subsection C shall be completed by the acute care hospital in accordance with the screening requirements established by the Department. Any individual receiving inpatient services in an acute care hospital discharged to a nursing facility for skilled care only is not required to be screened prior to discharge from the hospital unless the individual requests the screening.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":307026,"text":"If an individual who applies for or requests long-term services and supports as defined in the state plan for medical assistance services is receiving skilled nursing services in a nursing facility, or in the situation described in subsection D where the nursing facility screening team is authorized to conduct the long-term services and supports screening, the Department shall require qualified staff of the nursing facility to conduct the long-term services and supports screening prior to or within three business days of initiation of long-term services and supports and in accordance with the requirements established by the Department, with the results certified by a physician prior to or within three business days of initiation of long-term services and supports under the state plan for medical assistance services.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":307027,"text":"If an individual is admitted to a nursing facility and such individual was not screened but is subsequently determined to have been required to be screened prior to admission to the nursing facility, then the qualified staff designated in subsection F may conduct a screening after admission. Coverage of institutional long-term services and supports under this subsection by the Commonwealth’s program of medical assistance services indicated by the screening shall not begin until six months after the initial admission to the nursing facility. During this six-month period, the nursing home in which the individual resides shall be responsible for all costs indicated for institutional long-term services and supports that would otherwise have been covered by the Commonwealth’s program of medical assistance services, without accessing patient funds. Six months after the date of admission to the nursing facility, and as indicated through the eligibility determination, the Commonwealth’s program of medical assistance services shall assume coverage of such services. To the extent that sufficient evidence is provided to indicate that the admission without screening was of no fault of the nursing facility, the Department shall begin coverage of institutional long-term services and supports under this subsection by the Commonwealth’s program of medical assistance services immediately upon the completion of the functional screening indicating nursing facility level of care pending the financial eligibility determination.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":307028,"text":"If an individual seeks enrollment in a program of all-inclusive care for the elderly (PACE) as defined in § 32.1-330.3, qualified staff of the PACE program may conduct the long-term services and supports screening in accordance with the requirements established by the Department, with the results certified by the PACE program’s physician prior to the initiation of long-term services and supports under the state plan for medical assistance services. If a PACE program is unable to complete the long-term services and supports screening of an individual, the screening teams described in subsection D or the acute care hospital described in subsection E shall conduct the screening.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":307029,"text":"In any jurisdiction in which a long-term services and supports screening team described in subsection D or the acute care hospital described in subsection E has failed or is unable to perform the long-term services and supports screenings required by subsection D or E within 30 days of receipt of the individual’s application or request for long-term services and supports under the state plan, the Department shall enter into contracts with other public or private entities to conduct such long-term services and supports screenings in addition to or in lieu of the long-term services and supports screening teams described in subsection D or the acute care hospitals described in subsection E. This subsection shall not apply to the specific circumstances outlined in subsection D where the qualified staff of a nursing facility or PACE program agree to conduct such screening.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":307030,"text":"The Department shall require all individuals who perform long-term services and supports screenings pursuant to this section to receive training on and be certified in the use of the long-term services and supports screening tool for eligibility for community or institutional long-term services and supports provided in accordance with the state plan for medical assistance services prior to conducting such long-term services and supports screenings.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":307031,"text":"The Department shall report annually by August 1 to the Governor and the Chairmen of the House Committee on Health and Human Services and the Senate Committee on Education and Health regarding (i) the number of long-term services and supports screenings for eligibility for community and institutional long-term services and supports conducted pursuant to this section and (ii) the number of cases in which the Department or the public or private entity with which the Department has entered into a contract to conduct such long-term services and supports screenings fails to complete such long-term services and supports screenings within 30 days.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":13276,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13275,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":201355,"object_type":"structure","relational_id":13276,"identifier":"1","token":"32.1\/10\/1","url":"\/32.1\/10\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13275,"edition_id":1,"name":"Department of Medical Assistance Services","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":201353,"object_type":"structure","relational_id":13275,"identifier":"10","token":"32.1\/10","url":"\/32.1\/10\/","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":75748,"structure_id":13276,"section_number":"32.1-323","catch_line":"Department of Medical Assistance Services","url":"\/32.1-323\/","token":"32.1\/10\/1\/32.1-323","metadata":false},{"id":73079,"structure_id":13276,"section_number":"32.1-323.1","catch_line":"Department to submit forecast of expenditures","url":"\/32.1-323.1\/","token":"32.1\/10\/1\/32.1-323.1","metadata":false},{"id":78209,"structure_id":13276,"section_number":"32.1-323.2","catch_line":"Elimination of waiting lists for certain waivers","url":"\/32.1-323.2\/","token":"32.1\/10\/1\/32.1-323.2","metadata":false},{"id":65434,"structure_id":13276,"section_number":"32.1-323.3","catch_line":"Dependents of foreign service members; waiting lists for certain waivers","url":"\/32.1-323.3\/","token":"32.1\/10\/1\/32.1-323.3","metadata":false},{"id":74370,"structure_id":13276,"section_number":"32.1-323.4","catch_line":"Department to facilitate transition of persons between certain waiver programs","url":"\/32.1-323.4\/","token":"32.1\/10\/1\/32.1-323.4","metadata":false},{"id":56444,"structure_id":13276,"section_number":"32.1-324","catch_line":"Board of Medical Assistance Services","url":"\/32.1-324\/","token":"32.1\/10\/1\/32.1-324","metadata":false},{"id":82951,"structure_id":13276,"section_number":"32.1-324.1","catch_line":"Authority to administer oaths, conduct hearings; obtaining relevant documents and other information","url":"\/32.1-324.1\/","token":"32.1\/10\/1\/32.1-324.1","metadata":false},{"id":68172,"structure_id":13276,"section_number":"32.1-324.2","catch_line":"Director to facilitate communication","url":"\/32.1-324.2\/","token":"32.1\/10\/1\/32.1-324.2","metadata":false},{"id":75151,"structure_id":13276,"section_number":"32.1-324.3","catch_line":"Uninsured Medical Catastrophe Fund established","url":"\/32.1-324.3\/","token":"32.1\/10\/1\/32.1-324.3","metadata":false},{"id":77747,"structure_id":13276,"section_number":"32.1-325","catch_line":"Board to submit plan for medical assistance services to U.S. Secretary of Health and Human Services pursuant to federal law; administration of plan; contracts with health care providers","url":"\/32.1-325\/","token":"32.1\/10\/1\/32.1-325","metadata":false},{"id":76231,"structure_id":13276,"section_number":"32.1-325.001","catch_line":"Repealed","url":"\/32.1-325.001\/","token":"32.1\/10\/1\/32.1-325.001","metadata":false},{"id":83706,"structure_id":13276,"section_number":"32.1-325.01","catch_line":"Certain term life insurance considered resources","url":"\/32.1-325.01\/","token":"32.1\/10\/1\/32.1-325.01","metadata":false},{"id":54270,"structure_id":13276,"section_number":"32.1-325.02","catch_line":"Determinations of assets; disclaimers of interests to be considered uncompensated transfers of assets for Medicaid eligibility purposes under certain circumstances","url":"\/32.1-325.02\/","token":"32.1\/10\/1\/32.1-325.02","metadata":false},{"id":73332,"structure_id":13276,"section_number":"32.1-325.03","catch_line":"Legal presence required for certain state and local public benefits; exceptions; definitions; proof of legal presence","url":"\/32.1-325.03\/","token":"32.1\/10\/1\/32.1-325.03","metadata":false},{"id":83713,"structure_id":13276,"section_number":"32.1-325.04","catch_line":"Eligibility for medical assistance; individuals confined in state correctional facilities","url":"\/32.1-325.04\/","token":"32.1\/10\/1\/32.1-325.04","metadata":false},{"id":75066,"structure_id":13276,"section_number":"32.1-325.1","catch_line":"Appeals of agency determinations","url":"\/32.1-325.1\/","token":"32.1\/10\/1\/32.1-325.1","metadata":false},{"id":87103,"structure_id":13276,"section_number":"32.1-325.1:1","catch_line":"Definitions; recovery of overpayment for medical assistance services","url":"\/32.1-325.1_1\/","token":"32.1\/10\/1\/32.1-325.1_1","metadata":false},{"id":56047,"structure_id":13276,"section_number":"32.1-325.2","catch_line":"Department is payor of last resort","url":"\/32.1-325.2\/","token":"32.1\/10\/1\/32.1-325.2","metadata":false},{"id":60758,"structure_id":13276,"section_number":"32.1-325.3","catch_line":"Disclosure or use of information for purpose not connected with medical assistance program; Department not subject to certain disclosure","url":"\/32.1-325.3\/","token":"32.1\/10\/1\/32.1-325.3","metadata":false},{"id":55595,"structure_id":13276,"section_number":"32.1-325.4","catch_line":"Penalty for violation","url":"\/32.1-325.4\/","token":"32.1\/10\/1\/32.1-325.4","metadata":false},{"id":60835,"structure_id":13276,"section_number":"32.1-325.5","catch_line":"State pharmacy benefits manager","url":"\/32.1-325.5\/","token":"32.1\/10\/1\/32.1-325.5","metadata":false},{"id":62094,"structure_id":13276,"section_number":"32.1-326","catch_line":"Director may make payments to or for eligible persons in state-owned medical facilities","url":"\/32.1-326\/","token":"32.1\/10\/1\/32.1-326","metadata":false},{"id":75399,"structure_id":13276,"section_number":"32.1-326.1","catch_line":"Department to operate program of estate recovery","url":"\/32.1-326.1\/","token":"32.1\/10\/1\/32.1-326.1","metadata":false},{"id":86309,"structure_id":13276,"section_number":"32.1-326.2","catch_line":"Pilot school\/community health centers","url":"\/32.1-326.2\/","token":"32.1\/10\/1\/32.1-326.2","metadata":false},{"id":69227,"structure_id":13276,"section_number":"32.1-326.3","catch_line":"Special education health services; memorandum of agreement between the Department of Education and the Department of Medical Assistance Services","url":"\/32.1-326.3\/","token":"32.1\/10\/1\/32.1-326.3","metadata":false},{"id":81598,"structure_id":13276,"section_number":"32.1-327","catch_line":"Claim against indigent's estate for payments made","url":"\/32.1-327\/","token":"32.1\/10\/1\/32.1-327","metadata":false},{"id":59946,"structure_id":13276,"section_number":"32.1-328","catch_line":"Repealed","url":"\/32.1-328\/","token":"32.1\/10\/1\/32.1-328","metadata":false},{"id":74371,"structure_id":13276,"section_number":"32.1-329","catch_line":"Repealed","url":"\/32.1-329\/","token":"32.1\/10\/1\/32.1-329","metadata":false},{"id":85726,"structure_id":13276,"section_number":"32.1-330","catch_line":"Long-term services and supports screening required","url":"\/32.1-330\/","token":"32.1\/10\/1\/32.1-330","metadata":false},{"id":80319,"structure_id":13276,"section_number":"32.1-330.01","catch_line":"Reports related to long-term services and supports","url":"\/32.1-330.01\/","token":"32.1\/10\/1\/32.1-330.01","metadata":false},{"id":56351,"structure_id":13276,"section_number":"32.1-330.02","catch_line":"Average hourly payment rates; publication","url":"\/32.1-330.02\/","token":"32.1\/10\/1\/32.1-330.02","metadata":false},{"id":75895,"structure_id":13276,"section_number":"32.1-330.1","catch_line":"Department to implement premium assistance program for HIV-positive individuals","url":"\/32.1-330.1\/","token":"32.1\/10\/1\/32.1-330.1","metadata":false},{"id":67982,"structure_id":13276,"section_number":"32.1-330.2","catch_line":"Medicaid managed care programs; program information documents; plain language required","url":"\/32.1-330.2\/","token":"32.1\/10\/1\/32.1-330.2","metadata":false},{"id":67859,"structure_id":13276,"section_number":"32.1-330.3","catch_line":"Operation of a PACE plan; oversight by Department of Medical Assistance Services","url":"\/32.1-330.3\/","token":"32.1\/10\/1\/32.1-330.3","metadata":false},{"id":85218,"structure_id":13276,"section_number":"32.1-330.4","catch_line":"Uniform assessment instrument for PACE plans","url":"\/32.1-330.4\/","token":"32.1\/10\/1\/32.1-330.4","metadata":false},{"id":56407,"structure_id":13276,"section_number":"32.1-330.5","catch_line":"Reports related to eligibility renewal","url":"\/32.1-330.5\/","token":"32.1\/10\/1\/32.1-330.5","metadata":false},{"id":59199,"structure_id":13276,"section_number":"32.1-331","catch_line":"Repealed","url":"\/32.1-331\/","token":"32.1\/10\/1\/32.1-331","metadata":false},{"id":60720,"structure_id":13276,"section_number":"32.1-331.01","catch_line":"Health Care Coverage Assessment Fund","url":"\/32.1-331.01\/","token":"32.1\/10\/1\/32.1-331.01","metadata":false},{"id":76953,"structure_id":13276,"section_number":"32.1-331.02","catch_line":"Health Care Provider Payment Rate Assessment Fund","url":"\/32.1-331.02\/","token":"32.1\/10\/1\/32.1-331.02","metadata":false},{"id":79240,"structure_id":13276,"section_number":"32.1-331.03","catch_line":"Process for payment directly to nursing facility or ICF\/MR","url":"\/32.1-331.03\/","token":"32.1\/10\/1\/32.1-331.03","metadata":false},{"id":80605,"structure_id":13276,"section_number":"32.1-331.04","catch_line":"Personal care aides; orientation program","url":"\/32.1-331.04\/","token":"32.1\/10\/1\/32.1-331.04","metadata":false},{"id":84036,"structure_id":13276,"section_number":"32.1-331.05","catch_line":"Coordinated specialty care; work group","url":"\/32.1-331.05\/","token":"32.1\/10\/1\/32.1-331.05","metadata":false},{"id":77511,"structure_id":13276,"section_number":"32.1-331.06","catch_line":"Annual review of medications and treatment for sickle cell disease; report","url":"\/32.1-331.06\/","token":"32.1\/10\/1\/32.1-331.06","metadata":false}],"previous_section":{"id":74371,"structure_id":13276,"section_number":"32.1-329","catch_line":"Repealed","url":"\/32.1-329\/","token":"32.1\/10\/1\/32.1-329","metadata":false},"next_section":{"id":80319,"structure_id":13276,"section_number":"32.1-330.01","catch_line":"Reports related to long-term services and supports","url":"\/32.1-330.01\/","token":"32.1\/10\/1\/32.1-330.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-330\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 781 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 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 9 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 1990, chapter 716; in 2003, chapter 480<\/a>; in 2014, chapters 285<\/a> and 413<\/a>; in 2015, chapter 542<\/a>; in 2017, chapter 749<\/a>; in 2019, chapter 430<\/a>; in 2020, chapters 304<\/a> and 365<\/a>; in 2023, chapters 184<\/a> and 185<\/a>; in 2024, chapters 24<\/a>, 48<\/a>, 152<\/a>, and 517<\/a>.<\/p>","references":[{"id":67859,"section_number":"32.1-330.3","catch_line":"Operation of a PACE plan; oversight by Department of Medical Assistance Services","order_by":null,"url":"\/32.1-330.3\/"},{"id":86485,"section_number":"51.5-146","catch_line":"Adult services","order_by":null,"url":"\/51.5-146\/"},{"id":85202,"section_number":"63.2-1602","catch_line":"Other adult services","order_by":null,"url":"\/63.2-1602\/"}],"refers_to":[{"id":67859,"section_number":"32.1-330.3","catch_line":"Operation of a PACE plan; oversight by Department of Medical Assistance Services","order_by":null,"url":"\/32.1-330.3\/"}],"permalink":{"id":201469,"object_type":"law","relational_id":85726,"identifier":"32.1-330","token":"32.1\/10\/1\/32.1-330","url":"\/32.1-330\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-330\/","token":"32.1\/10\/1\/32.1-330","dublin_core":{"Title":"Long-term services and supports screening required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-330","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “acute care hospital<\/span>” includes an acute care hospital<\/span>, a rehabilitation hospital, a rehabilitation unit in an acute care hospital<\/span>, or a psychiatric unit in an acute care hospital<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every individual who applies for or requests community or institutional long-term services and supports as defined in the state plan for medical assistance services may choose to receive services in a community or institutional setting. Every individual who applies for or requests community or institutional long-term services and supports shall be afforded the opportunity to choose the setting and provider of long-term services and supports. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Every individual who applies for or requests community or institutional long-term services and supports shall be screened prior to, or in the situations described in subsection F within three business days of, initiation of such community or institutional long-term services and supports to determine his need for long-term services and supports, including nursing facility services as defined in the state plan for medical assistance services. The type of long-term services and supports screening performed shall not limit the long-term services and supports settings or providers for which the individual is eligible. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as otherwise provided in this subsection, if an individual who applies for or requests long-term services and supports as defined in the state plan for medical assistance services is residing in a community setting at the time of such application or request, the screening for long-term services and supports required pursuant to subsection C shall be completed by a long-term services and supports screening team that includes a nurse, social worker or other assessor designated by the Department<\/span> who is an employee of the Department<\/span> of Health or the local department<\/span> of social services and a physician who is employed or engaged by the Department<\/span> of Health. To the extent such screening team determines it is unable to complete the long-term services and supports screening within 30 days and the individual is in imminent need of nursing facility placement, such screening team shall confer as to which entity can most expeditiously conduct the long-term services and supports screening. The nursing facility screening team as described in subsection F shall be authorized to conduct such screening if it is determined that it is the most expeditious option. To the extent such screening team determines it is unable to complete the long-term services and supports screening within 30 days or the individual has requested enrollment in a program of all-inclusive care for the elderly (PACE) as defined in § 32.1-330.3<\/a>, such screening team shall confer as to which entity can most expeditiously conduct the long-term services and supports screening. Qualified staff of the PACE program shall be organized to conduct such screening if it is determined that it is the most expeditious option. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If an individual who applies for or requests long-term services and supports as defined in the state plan for medical assistance services is receiving inpatient services in an acute care hospital<\/span> at the time of such application or request and will immediately begin receiving long-term services and supports as defined in the state plan for medical assistance services pursuant to a discharge order<\/span> from an acute care hospital<\/span>, the screening for long-term services and supports required pursuant to subsection C shall be completed by the acute care hospital<\/span> in accordance with the screening requirements established by the Department<\/span>. Any individual receiving inpatient services in an acute care hospital<\/span> discharged to a nursing facility for skilled care only is not required to be screened prior to discharge from the hospital unless the individual requests the screening. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If an individual who applies for or requests long-term services and supports as defined in the state plan for medical assistance services is receiving skilled nursing services in a nursing facility, or in the situation described in subsection D where the nursing facility screening team is authorized to conduct the long-term services and supports screening, the Department<\/span> shall require qualified staff of the nursing facility to conduct the long-term services and supports screening prior to or within three business days of initiation of long-term services and supports and in accordance with the requirements established by the Department<\/span>, with the results certified by a physician prior to or within three business days of initiation of long-term services and supports under the state plan for medical assistance services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If an individual is admitted to a nursing facility and such individual was not screened but is subsequently determined to have been required to be screened prior to admission to the nursing facility, then the qualified staff designated in subsection F may conduct a screening after admission. Coverage of institutional long-term services and supports under this subsection by the Commonwealth’s program of medical assistance services indicated by the screening shall not begin until six months after the initial admission to the nursing facility. During this six-month period, the nursing home in which the individual resides shall be responsible for all costs indicated for institutional long-term services and supports that would otherwise have been covered by the Commonwealth’s program of medical assistance services, without accessing patient funds. Six months after the date of admission to the nursing facility, and as indicated through the eligibility determination, the Commonwealth’s program of medical assistance services shall assume coverage of such services. To the extent that sufficient evidence<\/span> is provided to indicate that the admission without screening was of no fault of the nursing facility, the Department<\/span> shall begin coverage of institutional long-term services and supports under this subsection by the Commonwealth’s program of medical assistance services immediately upon the completion of the functional screening indicating nursing facility level of care pending the financial eligibility determination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If an individual seeks enrollment in a program of all-inclusive care for the elderly (PACE) as defined in § 32.1-330.3<\/a>, qualified staff of the PACE program may conduct the long-term services and supports screening in accordance with the requirements established by the Department<\/span>, with the results certified by the PACE program’s physician prior to the initiation of long-term services and supports under the state plan for medical assistance services. If a PACE program is unable to complete the long-term services and supports screening of an individual, the screening teams described in subsection D or the acute care hospital<\/span> described in subsection E shall conduct the screening. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> In any jurisdiction<\/span> in which a long-term services and supports screening team described in subsection D or the acute care hospital<\/span> described in subsection E has failed or is unable to perform the long-term services and supports screenings required by subsection D or E within 30 days of receipt of the individual’s application or request for long-term services and supports under the state plan, the Department<\/span> shall enter into contracts<\/span> with other public or private entities to conduct such long-term services and supports screenings in addition to or in lieu of the long-term services and supports screening teams described in subsection D or the acute care hospitals<\/span> described in subsection E. This subsection shall not apply to the specific circumstances outlined in subsection D where the qualified staff of a nursing facility or PACE program agree to conduct such screening. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The Department<\/span> shall require all individuals who perform long-term services and supports screenings pursuant to this section to receive training on and be certified in the use of the long-term services and supports screening tool for eligibility for community or institutional long-term services and supports provided in accordance with the state plan for medical assistance services prior to conducting such long-term services and supports screenings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The Department<\/span> shall report annually by August 1 to the Governor and the Chairmen of the House Committee on Health and Human Services and the Senate Committee on Education and Health regarding (i) the number of long-term services and supports screenings for eligibility for community and institutional long-term services and supports conducted pursuant to this section and (ii) the number of cases in which the Department<\/span> or the public or private entity with which the Department<\/span> has entered into a contract<\/span> to conduct such long-term services and supports screenings fails to complete such long-term services and supports screenings within 30 days. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLONG-TERM SERVICES AND SUPPORTS SCREENING REQUIRED (\u00a7 32.1-330)\n\nA. As used in this section, “acute care hospital” includes an acute\ncare hospital, a rehabilitation hospital, a rehabilitation unit in an acute care\nhospital, or a psychiatric unit in an acute care hospital.\n\nB. Every individual who applies for or requests community or institutional\nlong-term services and supports as defined in the state plan for medical\nassistance services may choose to receive services in a community or\ninstitutional setting. Every individual who applies for or requests community or\ninstitutional long-term services and supports shall be afforded the opportunity\nto choose the setting and provider of long-term services and supports.\n\nC. Every individual who applies for or requests community or institutional\nlong-term services and supports shall be screened prior to, or in the situations\ndescribed in subsection F within three business days of, initiation of such\ncommunity or institutional long-term services and supports to determine his need\nfor long-term services and supports, including nursing facility services as\ndefined in the state plan for medical assistance services. The type of long-term\nservices and supports screening performed shall not limit the long-term services\nand supports settings or providers for which the individual is eligible.\n\nD. Except as otherwise provided in this subsection, if an individual who applies\nfor or requests long-term services and supports as defined in the state plan for\nmedical assistance services is residing in a community setting at the time of\nsuch application or request, the screening for long-term services and supports\nrequired pursuant to subsection C shall be completed by a long-term services and\nsupports screening team that includes a nurse, social worker or other assessor\ndesignated by the Department who is an employee of the Department of Health or\nthe local department of social services and a physician who is employed or\nengaged by the Department of Health. To the extent such screening team\ndetermines it is unable to complete the long-term services and supports\nscreening within 30 days and the individual is in imminent need of nursing\nfacility placement, such screening team shall confer as to which entity can most\nexpeditiously conduct the long-term services and supports screening. The nursing\nfacility screening team as described in subsection F shall be authorized to\nconduct such screening if it is determined that it is the most expeditious\noption. To the extent such screening team determines it is unable to complete\nthe long-term services and supports screening within 30 days or the individual\nhas requested enrollment in a program of all-inclusive care for the elderly\n(PACE) as defined in § 32.1-330.3, such screening team shall confer as to\nwhich entity can most expeditiously conduct the long-term services and supports\nscreening. Qualified staff of the PACE program shall be organized to conduct\nsuch screening if it is determined that it is the most expeditious option.\n\nE. If an individual who applies for or requests long-term services and supports\nas defined in the state plan for medical assistance services is receiving\ninpatient services in an acute care hospital at the time of such application or\nrequest and will immediately begin receiving long-term services and supports as\ndefined in the state plan for medical assistance services pursuant to a\ndischarge order from an acute care hospital, the screening for long-term\nservices and supports required pursuant to subsection C shall be completed by\nthe acute care hospital in accordance with the screening requirements\nestablished by the Department. Any individual receiving inpatient services in an\nacute care hospital discharged to a nursing facility for skilled care only is\nnot required to be screened prior to discharge from the hospital unless the\nindividual requests the screening.\n\nF. If an individual who applies for or requests long-term services and supports\nas defined in the state plan for medical assistance services is receiving\nskilled nursing services in a nursing facility, or in the situation described in\nsubsection D where the nursing facility screening team is authorized to conduct\nthe long-term services and supports screening, the Department shall require\nqualified staff of the nursing facility to conduct the long-term services and\nsupports screening prior to or within three business days of initiation of\nlong-term services and supports and in accordance with the requirements\nestablished by the Department, with the results certified by a physician prior\nto or within three business days of initiation of long-term services and\nsupports under the state plan for medical assistance services.\n\nG. If an individual is admitted to a nursing facility and such individual was\nnot screened but is subsequently determined to have been required to be screened\nprior to admission to the nursing facility, then the qualified staff designated\nin subsection F may conduct a screening after admission. Coverage of\ninstitutional long-term services and supports under this subsection by the\nCommonwealth’s program of medical assistance services indicated by the\nscreening shall not begin until six months after the initial admission to the\nnursing facility. During this six-month period, the nursing home in which the\nindividual resides shall be responsible for all costs indicated for\ninstitutional long-term services and supports that would otherwise have been\ncovered by the Commonwealth’s program of medical assistance services,\nwithout accessing patient funds. Six months after the date of admission to the\nnursing facility, and as indicated through the eligibility determination, the\nCommonwealth’s program of medical assistance services shall assume\ncoverage of such services. To the extent that sufficient evidence is provided to\nindicate that the admission without screening was of no fault of the nursing\nfacility, the Department shall begin coverage of institutional long-term\nservices and supports under this subsection by the Commonwealth’s program\nof medical assistance services immediately upon the completion of the functional\nscreening indicating nursing facility level of care pending the financial\neligibility determination.\n\nH. If an individual seeks enrollment in a program of all-inclusive care for the\nelderly (PACE) as defined in § 32.1-330.3, qualified staff of the PACE\nprogram may conduct the long-term services and supports screening in accordance\nwith the requirements established by the Department, with the results certified\nby the PACE program’s physician prior to the initiation of long-term\nservices and supports under the state plan for medical assistance services. If a\nPACE program is unable to complete the long-term services and supports screening\nof an individual, the screening teams described in subsection D or the acute\ncare hospital described in subsection E shall conduct the screening.\n\nI. In any jurisdiction in which a long-term services and supports screening team\ndescribed in subsection D or the acute care hospital described in subsection E\nhas failed or is unable to perform the long-term services and supports\nscreenings required by subsection D or E within 30 days of receipt of the\nindividual’s application or request for long-term services and supports\nunder the state plan, the Department shall enter into contracts with other\npublic or private entities to conduct such long-term services and supports\nscreenings in addition to or in lieu of the long-term services and supports\nscreening teams described in subsection D or the acute care hospitals described\nin subsection E. This subsection shall not apply to the specific circumstances\noutlined in subsection D where the qualified staff of a nursing facility or PACE\nprogram agree to conduct such screening.\n\nJ. The Department shall require all individuals who perform long-term services\nand supports screenings pursuant to this section to receive training on and be\ncertified in the use of the long-term services and supports screening tool for\neligibility for community or institutional long-term services and supports\nprovided in accordance with the state plan for medical assistance services prior\nto conducting such long-term services and supports screenings.\n\nK. The Department shall report annually by August 1 to the Governor and the\nChairmen of the House Committee on Health and Human Services and the Senate\nCommittee on Education and Health regarding (i) the number of long-term services\nand supports screenings for eligibility for community and institutional\nlong-term services and supports conducted pursuant to this section and (ii) the\nnumber of cases in which the Department or the public or private entity with\nwhich the Department has entered into a contract to conduct such long-term\nservices and supports screenings fails to complete such long-term services and\nsupports screenings within 30 days.\n\nHISTORY: 1984, c. 781; 1990, c. 716; 2003, c. 480; 2014, cc. 285, 413; 2015, c.\n542; 2017, c. 749; 2019, c. 430; 2020, cc. 304, 365; 2023, cc. 184, 185; 2024,\ncc. 24, 48, 152, 517.","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}}