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Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 32.1-127 of the Code of Virginia is amended and reenacted as follows:
§ 32.1-127. Regulations.
A. The regulations promulgated by the Board to carry out the provisions of this article shall be in substantial conformity to the standards of health, hygiene, sanitation, construction and safety as established and recognized by medical and health care professionals and by specialists in matters of public health and safety, including health and safety standards established under provisions of Title XVIII and Title XIX of the Social Security Act, and to the provisions of Article 2 (§ 32.1-138 et seq.) of this chapter.
B. Such regulations:
1. shall include minimum standards for (i) the construction and
maintenance of hospitals, nursing homes and certified nursing facilities to
assure the environmental protection and the life safety of its patients and
employees and the public; (ii) the operation, staffing and equipping of
hospitals, nursing homes and certified nursing facilities; (iii) qualifications
and training of staff of hospitals, nursing homes and certified nursing
facilities, except those professionals licensed or certified by the Department
of Health Professions; and (iv) conditions under which a hospital or nursing
home may provide medical and nursing services to patients in their places of
residence.;
2. Such regulations shall provide that at least one physician
who is licensed to practice medicine in this Commonwealth shall be on call at
all times, though not necessarily physically present on the premises, at each
hospital which operates or holds itself out as operating an emergency
service.;
3. In its regulations, the Board may classify hospitals and
nursing homes by type of specialty or service and may provide for licensing
hospitals and nursing homes by bed capacity and by type of specialty or
service.;
4. Further, such regulations shall also require that each
hospital establish a routine contact protocol which ensures that the families
of suitable organ and tissue donors are offered the opportunity by the chief
administrative officer of the hospital or his designee to consider organ,
tissue and eye donation.;
5. Such regulations shall require that each hospital that
provides obstetrical services establish a protocol for admission or transfer of
any pregnant woman who presents herself while in labor.;
6. Such regulations shall also require that each licensed
hospital develop and implement a protocol requiring written discharge plans for
identified, substance-abusing, postpartum women and their infants. The protocol
shall require that the discharge plan be discussed with the patient and that
appropriate referrals for the mother and the infant be made and documented.
Appropriate referrals may include, but need not be limited to, treatment
services, comprehensive early intervention services for infants and toddlers
with disabilities and their families pursuant to Part H of the Individuals with
Disabilities Education Act, 20 U.S.C. § 1471 et seq., and family-oriented
prevention services. The discharge planning process shall involve, to the
extent possible, the father of the infant and any members of the patient's
extended family who may participate in the follow-up care for the mother and
the infant.;
7. Such regulations shall require that each nursing home and
certified nursing facility fully disclose to the applicant for admission and to
the Board the home's or facility's admissions policies, including any
preferences given. Nursing homes or facilities shall report to the Board on a
quarterly basis the number of patients admitted by source of payment, as well
as the number of beds certified for Medicaid patients. The regulations also
shall require that each nursing home or facility disclose to the Board
information about its waiting list on a quarterly basis, including but not
limited to aggregate information on its waiting list by payment
source.;
8. Such regulations shall require that each licensed hospital
establish a protocol relating to the rights and responsibilities of patients
which shall include a process reasonably designed to inform patients of such
rights and responsibilities. Such rights and responsibilities of patients, a
copy of which shall be given to patients on admission, shall be based on Joint
Commission on Accreditation of Healthcare Organizations' standards.;
and
9. In addition, the Board shall establish standards and maintain
a process for designation of levels or categories of care in neonatal services
according to an applicable national or state-developed evaluation system. Such
standards may be differentiated for various levels or categories of care and
may include, but need not be limited to, requirements for staffing credentials,
staff/patient ratios, equipment, and medical protocols.
C. Upon obtaining the appropriate license, if applicable, licensed hospitals, nursing homes, and certified nursing facilities may operate adult day care centers.