Inspection of certified nursing facilities; compliance with federal reporting requirements.

Plain English Breakdown

The effective date of this legislation has not been determined yet.

Inspection Rules for Nursing Homes

This bill requires Virginia's Department of Health to ensure that certified nursing facilities comply with federal reporting requirements, and it sets penalties for non-compliance.

What This Bill Does

• Requires the Department of Health to include validation of compliance with federal reporting requirements in its inspection process for certified nursing facilities.
• Needs certified nursing facilities to submit a quarterly report detailing all self-reported incidents and compliance issues submitted to CMS during the preceding quarter, any corrective actions taken, and updates on ongoing investigations.
• Gives the Department the power to impose penalties on certified nursing facilities that do not comply with these reporting requirements, including fines up to $1,000 per violation, increased frequency of inspections, and suspension or revocation of licenses.

Who It Names or Affects

• Certified nursing facilities in Virginia
• The Department of Health

Terms To Know

CMS

Centers for Medicare and Medicaid Services, a federal agency that sets rules for nursing homes.

Civil penalty

A fine imposed by the government as punishment for breaking a rule or law.

Limits and Unknowns

• The bill does not specify how often inspections will be increased.
• It is unclear what happens if nursing homes repeatedly fail to comply with reporting requirements.

Official Summary Text

Inspection of certified nursing facilities; compliance with federal reporting requirements; civil penalty.
Directs the Department of Health to include validation of compliance with federal reporting requirements in its inspection process for certified nursing facilities. The bill requires certified nursing facilities to submit a quarterly report detailing (i) all self-reported incidents and compliance issues submitted to the Centers for Medicare and Medicaid Services during the preceding quarter; (ii) any corrective actions taken in response to self-reported incidents; and (iii) updates on ongoing investigations related to reported incidents. The Department may impose a penalty on a certified nursing facility that fails to comply with the reporting requirements imposed by the bill, which may include a civil penalty not to exceed $1,000, increased frequency of inspections, and suspension or revocation of the certified nursing facility's license.

Current Bill Text

A BILL to amend the Code of Virginia by adding a section numbered
32.1-126.6
, relating to inspection of certified nursing facilities; compliance with federal reporting requirements; civil penalty.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered
32.1-126.6
as follows:

§
32.1-126.6
.
Validation of federal reporting requirements for
certified
nursing
facilities
; civil penalty
.

A. As used in this section
:

"CMS" means the Centers for Medicare and Medicaid Services.

"Self
-reporting requirements" means
any requirements under federal law
that nursing facilities
report information, incidents, data, or compliance issues to CMS.

B. The Department shall include the validation of
a
certified
nursing facility's compliance with self-reporting requirements in its inspection proces
s. Inspections conducted by the Department
shall include assessments of (i) the accuracy and completeness of reported incidents of abuse, neglect, and other compliance issues; (ii) the quality of data related to performance measures as part of the
federal Skilled Nursing Facility Quality Reporting Program; and (iii) compliance with federal regulations regarding health and safety standards.

C. Certified nursing facilities shall submit a quarterly report to the Department detailing (i)
all self-reported incidents and compliance issues submitted to CMS during the preceding quarter; (ii) any corrective actions taken in response to self-reported incidents; and (iii) updates on ongoing investigations related to reported incidents. The Department shall review these reports
for
discrepancies or compliance issues
and shall require a certified nu
rsing facility to submit an amended quarterly report if such discrepancies or compliance issues are discovered.

D.
The Department may impose a penalty on any certified nursing facility that fails to comply with the reporting requirements of subsection C. Such penalty may include (i) a
civil penalty
upon the certified nursing facility in an amount not to exceed $1,000 per violation collected by the Commissioner
and deposited into the Hospital and Nursing Home Licensure and Inspection Program Fund; (ii)
increased frequency of inspections at the discretion of the Department; and (iii) suspension or revocation of the
certified nursing facility's license.