Virginia Law

A. Upon revocation or suspension of a license, the licensee shall surrender its license to the OLC.

B. A licensee shall notify the director of the OLC in writing by submitting a mid-term change application no fewer than 30 calendar days in advance of implementing any:

1. Change of location of the nursing facility;

2. Change of ownership of the nursing facility;

3. Change of operator of the nursing facility;

4. Change of name of the nursing facility;

5. Change of bed capacity, except as provided in 12VAC5-371-40 G, which shall be accompanied by an approved Certificate of Public Need if the requested change is for an increase in bed capacity;

6. Change in management contract or lease agreement to operate the nursing facility;

7. Change of services being provided, including any proposed addition or discontinuation, regardless of whether licensure is required for the service; or

8. Closure of the nursing facility.

C. The OLC shall:

1. Consider the submission date of a mid-term change application to be the date the application is postmarked or the date it is received, whichever is earlier; and

2. Notify the licensee in writing if the commissioner will issue a changed license.

D. The commissioner's issuance of changed license to the licensee shall satisfy the requirements of subdivision C 2 of this section.

E. Upon receipt of the changed license, the licensee shall surrender its prior license issued by the commissioner to the OLC and destroy any copies of the prior license.

F. A license may not be transferred or assigned. The commissioner may not issue a changed license in response to a change of operator of the nursing facility, but shall instead require the nursing facility to obtain a new license. If the nursing facility intends to implement a change of operator, it shall:

1. File for a new license, in accordance with 12VAC5-371-40, no fewer than 30 calendar days in advance of any operator change; and

2. Upon receipt of the new license, surrender its prior license issued by the commissioner to the OLC and destroy any copies of the prior license.

G. If the nursing facility is closing or will otherwise no longer be operational, it shall:

1. Notify residents, legal representatives, and the OLC no fewer than seven calendar days prior to closing or ceasing operations, where all clinical records are to be located following closure or cessation of operations; and

2. Surrender its license to the OLC and destroy all copies of its license no more than five calendar days after the nursing facility closes or ceases operations.

H. The OLC shall determine if any changes listed in subsection B of this section affect the terms of the license or the continuing eligibility for a license. An inspector may inspect the nursing facility during the process of evaluating a proposed change.