2006 Code of Virginia § 32.1-126 - Commissioner to inspect and to issue licenses to or assure compliance with certification requiremen...

32.1-126. Commissioner to inspect and to issue licenses to or assurecompliance with certification requirements for hospitals, nursing homes andcertified nursing facilities; notice of denial of license; consultativeadvice and assistance; notice to electric utilities.

A. Pursuant to this article, the Commissioner shall issue licenses to, andassure compliance with certification requirements for hospitals and nursinghomes, and assure compliance with certification requirements for facilitiesowned or operated by agencies of the Commonwealth as defined in subdivision(vi) of 32.1-124, which after inspection are found to be in compliance withthe provisions of this article and with all applicable state and federalregulations. The Commissioner shall notify by certified mail or by overnightexpress mail any applicant denied a license of the reasons for such denial.

B. The Commissioner shall cause each and every hospital, nursing home, andcertified nursing facility to be inspected periodically, but not less oftenthan biennially, in accordance with the provisions of this article andregulations of the Board.

Unless expressly prohibited by federal statute or regulation, the findings ofthe Commissioner, with respect to periodic surveys of nursing facilitiesconducted pursuant to the Survey, Certification, and Enforcement Proceduresset forth in 42 C.F.R. Part 488, shall be considered case decisions pursuantto the Administrative Process Act ( 2.2-4000 et seq.) and shall be subjectto the Department's informal dispute resolution procedures, or, at the optionof the Department or the nursing facility, the formal fact-finding proceduresunder 2.2-4020. The Commonwealth shall be deemed the proponent for purposesof 2.2-4020. Further, notwithstanding the provisions of clause (iii) of 2.2-4025, such case decisions shall also be subject to the right to courtreview pursuant to Article 5 ( 2.2-4025 et seq.) of Chapter 40 of Title 2.2.

C. The Commissioner may, in accordance with regulations of the Board, providefor consultative advice and assistance, with such limitations andrestrictions as he deems proper, to any person who intends to apply for ahospital or nursing home license or nursing facility certification.

D. For the purpose of facilitating the prompt restoration of electricalservice and prioritization of customers during widespread power outages, theCommissioner shall notify on a quarterly basis all electric utilities servingcustomers in Virginia as to the location of all nursing homes licensed in theCommonwealth. The requirements of this subsection shall be met if theCommissioner maintains such information on an electronic database accessibleby electric utilities serving customers in Virginia.

(Code 1950, 32-300, 32-305; 1977, c. 155; 1979, c. 711; 1989, c. 618;1996, cc. 940, 999; 2000, c. 967; 2002, c. 514; 2004, c. 304.)