                                 CODE OF VIRGINIA

HUMAN RIGHTS AND LICENSING ENFORCEMENT AND SANCTIONS; NOTICE (§ 37.2-419)

A. As used in this section, &#8220;special order&#8221; means an administrative
order issued to any party licensed or funded by the Department that has a stated
duration of not more than 12 months and that may include a civil penalty that
shall not exceed $500 per violation per day, prohibition of new admissions, or
reduction of licensed capacity for violations of &#xA7; 37.2-400, the licensing
or human rights regulations, or this article.

B. Notwithstanding any other provision of law, following a proceeding as
provided in § 2.2-4019, the Commissioner may issue a special order for a
violation of any of the provisions of § 37.2-400 or any regulation adopted
under any provision of § 37.2-400 or of this article that adversely affects the
human rights of individuals receiving services or poses an imminent and
substantial threat to the health, safety, or welfare of individuals receiving
services. The issuance of a special order shall be considered a case decision as
defined in § 2.2-4001. The Commissioner shall not delegate his authority to
impose civil penalties in conjunction with the issuance of special orders. The
Commissioner may take the following actions to sanction public and private
providers licensed or funded by the Department for noncompliance with §
37.2-400, the human rights regulations, or this article that are the subject of
a special order:

   1. Place any service of any such provider on probation upon finding that it is
   substantially out of compliance with the licensing or human rights regulations
   and that the health or safety of individuals receiving services is at risk.

   2. Reduce licensed capacity or prohibit new admissions when he concludes that
   the provider cannot or will not make necessary corrections to achieve
   compliance with licensing or human rights regulations except by a temporary
   restriction of its scope of service.

   3. Require that probationary status announcements and denial or revocation
   notices be of sufficient size and distinction and be posted in a prominent
   place at each public entrance of the affected service.

   4. Mandate training for the provider&#8217;s employees, with any costs to be
   borne by the provider, when he concludes that the lack of training has led
   directly to violations of licensing or human rights regulations.

   5. Assess civil penalties of not more than $500 per violation per day upon
   finding that the licensed or funded provider is substantially out of
   compliance with the licensing or human rights regulations and that the health
   or safety of individuals receiving services is at risk.

   6. Withhold funds from licensed or funded providers receiving public funds
   that are in violation of the licensing or human rights regulations upon
   finding that the licensed or funded provider is substantially out of
   compliance and that the health or safety of individuals receiving services is
   at risk.

C. The Commissioner shall inform other public agencies that provide funds to a
provider, including the Departments of Social Services and Medical Assistance
Services, that a special order has been issued in accordance with this section.

D. The Board shall adopt regulations to implement the provisions of this
section.

HISTORY: 1999, c. 969, § 37.1-185.1; 2001, cc. 486, 506; 2005, c. 716; 2012,
cc. 476, 507; 2014, c. 497.