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2007 SESSION
072456116Be it enacted by the General Assembly of Virginia:
1. That §§ 32.1-353.1, 32.1-353.2 and 32.1-353.3 of the Code of Virginia are amended and reenacted as follows:
§ 32.1-353.1. Certified nursing facility education initiative; purpose.
The General Assembly finds that early identification of
potential certified nursing facility deficiencies, coupled with the opportunity
to correct any such problems, will improve quality of care and life to
certified nursing facility residents in the Commonwealth. In order to implement
the General Assembly's finding, early on-site training and assistance shall be
provided by a nonprofit organization to certified nursing facilities
that are found not in substantial compliance with long-term care requirements
and that meet certain requirements as set forth under any agreement as
described in § 32.1-353.4 in the Nursing Facility Quality Improvement
Program developed pursuant to § 32.1-353.3.
Creative and innovative approaches to the provision of long-term care services may also be explored. Such measures can best be accomplished by using the data, expertise, and knowledge of representatives of state government and representatives from the consumer, long-term care provider, and business communities. For this reason, the Board of Medical Assistance Services, assisted by the Department of Medical Assistance Services, shall administer the education initiatives for certified nursing facility care established by this chapter.
§ 32.1-353.2. Definitions.
As used in this chapter:
"Board" means the Board of Medical Assistance Services.
"Certified nursing facility" means any skilled nursing facility, skilled care facility, intermediate care facility, nursing or nursing care facility, or nursing home, whether freestanding or a portion of a freestanding medical care facility, that is certified for participation as a Medicare or Medicaid provider, or both, pursuant to Title XVIII and Title XIX of the United States Social Security Act, as amended, and § 32.1-137.
"Civil money penalty funds" means those funds collected by the Department of Medical Assistance Services for enforcement of certified nursing facility remedies pursuant to Title XIX of the Social Security Act.
"Director" means the Director of the Department of Medical Assistance Services.
"Nonprofit organization" means the nonprofit,
tax-exempt organization with the characteristics, expertise, and capacity to
execute the powers and duties set forth for such entity in this chapter.
§ 32.1-353.3. Authorization to expend civil money penalty funds.
A. The Department of Medical Assistance Services, as
administrator of the state Medicaid program, maintains a fund comprised of
civil money penalties received from nursing facilities as a result of
enforcement of federal survey requirements. Pursuant to federal regulations,
such funds shall be used for the protection of the health or property of
certified nursing facility residents [ , including payment for the
costs of relocating residents to other facilities, maintenance of operation of
a facility pending correction of deficiencies or closure, and reimbursement of
residents for personal funds lost ] . The Director or his
designee may enter into agreements with the nonprofit organization created
pursuant to § 32.1-353.4 to spend any such funds, when in compliance with
federal law, up to a total of $700,000. This discretionary authority shall in
no way obligate the Director to enter into such agreements. Such funds shall be
initially used to implement the nonprofit organization, but thereafter the
nonprofit organization shall be self-sustaining.
B. In addition to the remedies specified in subsection A, the Director shall establish a Nursing Facility Quality Improvement Program in compliance with all applicable federal and state regulations designed to improve the health, safety, and welfare of residents in nursing facilities. The Director shall develop the Nursing Facility Quality Improvement Program in cooperation with affected state agencies, representatives of the nursing facility provider community, and advocacy groups.
2. That §§ 32.1-353.4 and 32.1-353.5 of the Code of Virginia are repealed.
[ 3. That the Director shall provide a strategic plan and progress report to the Governor and the Chairmen of the House Committees on Health, Welfare and Institutions, and Appropriations; the Senate Committees on Education and Health, and Finance; and the Joint Commission on Health Care no later than October 1, 2007. ]