Administrative Code

Virginia Administrative Code
10/24/2021

Part VIII. Nursing Facilities Survey/Certification

12VAC30-20-272. Survey and certification education program.

The state has in effect the following survey and certification periodic education program for the staff and residents (and their representatives) of nursing facilities in order to present current regulations, procedures, and policies.

The state survey agency periodically conducts provider training programs and orientation of OBRA regulations and the survey process through programs or mailings. The state survey agency participates in the Medicaid agency's training of facilities regarding the Resident Assessment Instrument.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-02-4.40100, eff. November 15, 1995.

12VAC30-20-274. Process for the investigation of allegations of resident neglect and abuse and misappropriation of resident property.

The state has in effect the following process for the receipt and timely review and investigation of allegations of neglect and abuse and misappropriation of resident property by a nurse aide or a resident in a nursing facility or by another individual used by the facility in providing services to such a resident.

When the above described incidences involve a nurse aide, they are reported to the Board of Health Professions, Board of Nursing. In addition, such allegations are frequently received by the facility administration which reports the allegations to the state survey agency. The state survey agency conducts the follow-up investigations.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-02-4.40200, eff. November 15, 1995.

12VAC30-20-275. Procedures for scheduling and conduct of standards surveys.

The state has in effect the following procedures for the scheduling and conduct of standard surveys to assure that it has taken all reasonable steps to avoid giving notice.

Onsite survey schedules are only accessible to staff of the Department of Health, Division of Licensure and Certification, which conducts the surveys. After the onsite review is initiated by the Division inspection staff, the Virginia Department of Health notifies the state agency for the aging ombudsman, the state fire marshal, and other agencies as needed.

Statutory Authority

§ 32.1.325 of the Code of Virginia.

Historical Notes

Derived from VR460-02-4.40300, eff. November 15, 1995.

12VAC30-20-277. Programs to measure and reduce inconsistency.

The state has in effect the following programs to measure and reduce inconsistency in the application of survey results among surveyors.

The state survey agency conducts routine training programs, routine informational memorandums and procedural clarifications, routine team meetings, and ongoing supervisory review and monitoring of staff training needs.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-02-4.40400, eff. November 15, 1995.

12VAC30-20-278. Process for investigations of complaints and monitoring.

A. The state has in effect the following process for investigating complaints of violations of requirements by nursing facilities and monitors onsite on a regular, as needed basis, a nursing facility's compliance with the requirements of § 1919(b), (c), and (d) for the following reasons:

(i) The facility has been found not to be in compliance with such requirements and is in the process of correcting deficiencies to achieve such compliance;

(ii) The facility was previously found not to be in compliance with such requirements and has corrected deficiencies to achieve such compliance, and verification of continued compliance is indicated; or

(iii) The state has reason to question the compliance of the facility with such requirements.

B. All complaints are investigated by the Virginia Department of Health, Office of Health Facilities Regulation, per nature of the complaint.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-02-4.40500, eff. November 15, 1995.

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