Virginia Law

A. The licensee may not:

1. Violate the provisions of this chapter or Article 1 (§ 32.1-123 et seq.) or 2 (§ 32.1-138 et seq.) of Chapter 5 of Title 32.1 of the Code of Virginia;

2. Permit, aid, or abet the commission of any illegal act in the nursing facility; or

3. Engage in a pattern of violations of § 38.2-3445.01 of the Code of Virginia.

B. The commissioner may:

1. For each violation of subsection A of this section:

a. Deny, revoke, or suspend the license to operate the nursing facility;

b. Restrict or prohibit new admissions to any nursing facility in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia);

c. Refer the licensee for criminal prosecution pursuant to § 32.1-27 A of the Code of Virginia;

d. Petition an appropriate court for an injunction, mandamus, or other appropriate remedy against the licensee pursuant to § 32.1-27 B of the Code of Virginia;

e. Petition an appropriate court for imposition of a civil monetary penalty against the licensee pursuant to § 32.1-27 C or 32.1-27.1 A of the Code of Virginia; or

f. Petition an appropriate court for appointment of a receiver pursuant to § 32.1-27.1 B of the Code of Virginia; and

2. For each violation of subdivision A 3 of this section, levy a fine upon the licensee in an amount not to exceed $1,000 per violation, in accordance with the Administrative Process Act.

C. Suspension of a license shall in all cases be for an indefinite time.

D. For each violation of subsection A of this section and with the consent of the person who has violated subsection A of this section, the board may provide, in an order issued by the board, for the payment of civil charges for past violations in specific sums, which may not exceed the limits specified in § 32.1-27 or 32.1-27.1 of the Code of Virginia.

E. Upon receipt of a completed application and a nonrefundable service charge, the commissioner may issue a new license to the licensee that has had its license revoked if the commissioner determines that:

1. The conditions upon which revocation was based have been corrected; and

2. The applicant is in compliance with this chapter, Articles 1 (§ 32.1-123 et seq.) and 2 (§ 32.1-138 et seq.) of Chapter 5 of Title 32.1 of the Code of Virginia, and all other applicable state and federal law and regulations.

F. Upon receipt of a completed application, the commissioner may partially or completely restore a suspended license to the licensee if the commissioner determines that:

1. The conditions upon which suspension was based have been completely or partially corrected; and

2. The interests of the public will not be jeopardized by resumption of operation.

G. The commissioner may not require an additional fee for restoring a license pursuant to subsection F of this section.

H. The licensee shall submit evidence relevant to subdivisions E 1, E 2, F 1, and F 2 of this section that is satisfactory to the commissioner or the commissioner's designee. The commissioner or the commissioner's designee may conduct an inspection prior to making a determination.