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2014 SESSION

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CHAPTER 324 An Act to amend and reenact § 32.1-162.10 of the Code of Virginia, relating to home care organizations; inspections. [H 476] Approved March 27, 2014

 

Be it enacted by the General Assembly of Virginia:

1. That § 32.1-162.10 of the Code of Virginia is amended and reenacted as follows:

§ 32.1-162.10. Inspections; fees.

The Commissioner may cause each home care organization licensed under this article to be periodically inspected at reasonable times. 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. 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 the foregoing or any other provision of this article, any home care organization which has 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 or has been certified as provided in subdivision 3 of § 32.1-162.8 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.