Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 30. Department Of Medical Assistance Services
Chapter 20. Administration of Medical Assistance Services
10/24/2021

12VAC30-20-215. Sanctions for psychiatric hospitals.

(a) The state assures that the requirements of § 1902(y)(1), § 1902(y)(2)(A), and § 1902(y)(3) of the Act are met concerning sanctions for psychiatric hospitals that do not meet the requirements of participation when the hospital's deficiencies immediately jeopardize the health and safety of its patients or do not immediately jeopardize the health and safety of its patients.

(b) The state terminates the hospital's participation under the State plan when the state determines that the hospital does not meet the requirements for a psychiatric hospital and further finds that the hospital's deficiencies immediately jeopardize the health and safety of its patients.

(c) When the state determines that the hospital does not meet the requirements for a psychiatric hospital and further finds that the hospital's deficiencies do not immediately jeopardize the health and safety of its patients, the state may:

1. Terminate the hospital's participation under the State plan; or

2. Provide that no payment will be made under the State plan with respect to any individual admitted to such hospital after the effective date of the finding; or

3. Terminate the hospital's participation under the State plan and provide that no payment will be made under the State plan with respect to any individual admitted to such hospital after the effective date of the finding.

(d) When the psychiatric hospital described in (c) above has not complied with the requirements for a psychiatric hospital within 3 months after the date the hospital is found to be out of compliance with such requirements, the state shall provide that no payment will be made under the State plan with respect to any individual admitted to such hospital after the end of such 3-month period.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-02-4.3000:1, eff. November 15, 1995.

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