                                 CODE OF VIRGINIA

PATIENT NOTICE OF OBSERVATION OR OUTPATIENT STATUS (§ 32.1-137.04)

A. A hospital shall provide oral and written notice to any patient placed under
observation or in any other outpatient status, or to such patient&#8217;s
authorized representative, informing the patient of his placement in such status
if (i) the patient receives onsite services from the hospital and (ii) such
onsite services include a hospital bed and meals that are provided in an area of
the hospital other than the emergency department. Such oral and written notice
shall be provided not later than 36 hours after placement under observation or
in any other outpatient status unless the patient has been discharged or has
left the hospital prior to the expiration of such 36-hour period.

B. Such written notice shall be written in clear, understandable language and
printed in at least 14-point type. The written notice shall include:

   1. A statement that the patient is not admitted to the hospital as an
   inpatient but is under observation or in such other outpatient status;

   2. A statement that such observation or other outpatient status may affect the
   patient&#8217;s Medicare, Medicaid, or private health insurance coverage of
   (i) the current hospital services, including medications and pharmaceutical
   supplies, and (ii) care at a skilled nursing facility or home or
   community-based care upon the patient&#8217;s discharge from the hospital; and

   3. A statement that the patient should contact the identified hospital
   representative or his health insurance plan for more information on his
   observation or other outpatient status and any available recourse.

C. For any patient placed under observation or in any other outpatient status
who is entitled to have payment made under Title XVIII of the Social Security
Act (42 U.S.C. &#xA7; 1395 et seq.), a hospital providing written notice and
oral explanation of such notice to the patient which satisfies the provisions of
42 U.S.C. &#xA7; 1395cc(a)(1)(Y) shall be deemed to have satisfied the
provisions of this section.

HISTORY: 2015, c. 365; 2018, c. 194.