                                 CODE OF VIRGINIA

ADDITIONAL CIVIL PENALTY OR APPOINTMENT OF A RECEIVER (§ 32.1-27.1)

A. In addition to the remedies provided in §§ 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. 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.

   2. 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.
   				In 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.
   				All 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. In addition to the remedies provided in &#xA7;&#xA7; 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 &#xA7; 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.
			Upon 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.
			No 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&#8217;s license or the termination of the certified nursing
facility&#8217;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.
			The 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.
			The 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.
			The 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.
			The 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.
			All 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&#8217;s reports.
			A 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.
			The 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.

HISTORY: 1989, c. 618; 1996, cc. 788, 797; 2023, cc. 482, 483.