                                 CODE OF VIRGINIA

INSPECTIONS; FEES (§ 32.1-162.10)

State agencies shall make or cause to be made only such inspections of home care
organizations as are necessary to carry out the various obligations imposed on
each agency by applicable state and federal laws and regulations. However, no
home care organization shall receive additional inspections until all other home
care organizations in the Commonwealth have also been inspected, unless the
additional inspections are (i) necessary to follow up on a preoperational
inspection or one or more violations, (ii) required by a uniformly applied
risk-based schedule established by the Department, (iii) necessary to
investigate a complaint regarding the home care organization, or (iv) otherwise
deemed necessary by the Commissioner or his designee to protect the health and
safety of the public.
		Any on-site inspection by a state agency or a division or unit thereof that
substantially complies with the inspection requirements of any other state
agency or any other division or unit of the inspecting agency charged with
making similar inspections shall be accepted as an equivalent inspection in lieu
of an on-site inspection by said agency or by a division or unit of the
inspecting agency. A state agency shall coordinate its inspections of home care
organizations both internally and with those required by other state agencies so
as to ensure that the requirements of this section are met.
		Notwithstanding any provision of law to the contrary, all home care
organizations licensed by the Department of Health that have been certified
under the provisions of Title XVIII of the Social Security Act for home care
services or have obtained accreditation by any organization recognized by the
Centers for Medicare and Medicaid Services for the purposes of Medicare
certification may be subject to inspection so long as such accreditation or
certification is maintained but only to the extent necessary to ensure the
public health and safety. If any such home care organization fails to comply
with the provisions of this article or with the regulations of the Board
relating to public health and safety, the Commissioner is authorized to revoke
the exemption from licensure and require such organization to be relicensed
before it can again qualify for an exemption pursuant to § 32.1-162.8.

HISTORY: 1986, c. 633; 1991, c. 695; 2010, c. 790; 2014, c. 324; 2017, c. 465.