2006 Code of Virginia § 32.1-123 - Definitions

32.1-123. Definitions.

As used in this article unless a different meaning or construction is clearlyrequired by the context or otherwise:

"Certified nursing facility" means any skilled nursing facility, skilledcare facility, intermediate care facility, nursing or nursing care facility,or nursing home, whether freestanding or a portion of a freestanding medicalcare facility, that is certified as a Medicare or Medicaid provider, or both,pursuant to 32.1-137.

"Class I violation" means failure of a nursing home or certified nursingfacility to comply with one or more requirements of state or federal law orregulations which creates a situation that presents an immediate and seriousthreat to patient health or safety.

"Class II violation" means a pattern of noncompliance by a nursing home orcertified nursing facility with one or more federal conditions ofparticipation which indicates delivery of substandard quality of care butdoes not necessarily create an immediate and serious threat to patient healthand safety. Regardless of whether the facility participates in Medicare orMedicaid, the federal conditions of participation shall be the standards forClass II violations.

"Hospital" means any facility licensed pursuant to this article in whichthe primary function is the provision of diagnosis, of treatment, and ofmedical and nursing services, surgical or nonsurgical, for two or morenonrelated individuals, including hospitals known by varying nomenclature ordesignation such as sanatoriums, sanitariums and general, acute,rehabilitation, chronic disease, short-term, long-term, outpatient surgical,and inpatient or outpatient maternity hospitals.

"Immediate and serious threat" means a situation or condition having ahigh probability that serious harm or injury to patients could occur at anytime, or already has occurred, and may occur again, if patients are notprotected effectively from the harm, or the threat is not removed.

"Inspection" means all surveys, inspections, investigations and otherprocedures necessary for the Department of Health to perform in order tocarry out various obligations imposed on the Board or Commissioner byapplicable state and federal laws and regulations.

"Nursing home" means any facility or any identifiable component of anyfacility licensed pursuant to this article in which the primary function isthe provision, on a continuing basis, of nursing services and health-relatedservices for the treatment and inpatient care of two or more nonrelatedindividuals, including facilities known by varying nomenclature ordesignation such as convalescent homes, skilled nursing facilities or skilledcare facilities, intermediate care facilities, extended care facilities andnursing or nursing care facilities.

"Nonrelated" means not related by blood or marriage, ascending ordescending or first degree full or half collateral.

"Substandard quality of care" means deficiencies in practices of patientcare, preservation of patient rights, environmental sanitation, physicalplant maintenance, or life safety which, if not corrected, will have asignificant harmful effect on patient health and safety.

(Code 1950, 32-298; 1964, c. 54; 1973, c. 477; 1979, c. 711; 1989, c. 618.)