Monday, October 6, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB2290: Nursing Facility Quality Improvement Program; Director of DMAS to establish program thereof.
Be it enacted by the General Assembly of Virginia:
1. That §§ 32.1-353.1, 32.1-353.2, and 32.1-353.3 of the Code of Virginia are amended and reenacted as follows:
§ 32.1-353.1. Certified nursing facility education initiative; purpose.
The General Assembly finds that early identification of
potential certified nursing facility deficiencies, coupled with the opportunity
to correct any such problems, will improve quality of care and life to
certified nursing facility residents in the Commonwealth. In order to implement
the General Assembly's finding, early on-site training and assistance shall be
provided by a nonprofit organization to
certified nursing facilities that are found not in substantial compliance with
long-term care requirements and that meet certain requirements as set forth under any agreement as described in § 32.1-353.4 in
the Nursing Facility Quality Improvement Program developed pursuant to §
32.1-353.3.
Creative and innovative approaches to the provision of long-term care services may also be explored. Such measures can best be accomplished by using the data, expertise, and knowledge of representatives of state government and representatives from the consumer, long-term care provider, and business communities. For this reason, the Board of Medical Assistance Services, assisted by the Department of Medical Assistance Services, shall administer the education initiatives for certified nursing facility care established by this chapter.
§ 32.1-353.2. Definitions.
As used in this chapter:
"Board" means the Board of Medical Assistance Services.
"Certified nursing facility" means any skilled nursing facility, skilled care facility, intermediate care facility, nursing or nursing care facility, or nursing home, whether freestanding or a portion of a freestanding medical care facility, that is certified for participation as a Medicare or Medicaid provider, or both, pursuant to Title XVIII and Title XIX of the United States Social Security Act, as amended, and § 32.1-137.
"Civil money penalty funds" means those funds collected by the Department of Medical Assistance Services for enforcement of certified nursing facility remedies pursuant to Title XIX of the Social Security Act.
"Director" means the Director of the Department of Medical Assistance Services.
"Nonprofit organization" means the
nonprofit, tax-exempt organization with the characteristics, expertise, and
capacity to execute the powers and duties set forth for such entity in this
chapter.
§ 32.1-353.3. Authorization to expend civil money penalty funds.
A. The Department of Medical
Assistance Services, as administrator of the state Medicaid program, maintains
a fund comprised of civil money penalties received from nursing facilities as a
result of enforcement of federal survey requirements. Pursuant to federal
regulations, such funds shall be used for the protection of the health or
property of certified nursing facility residents, including payment
for the costs of relocating residents to other facilities, maintenance of
operation of a facility pending correction of deficiencies or closure, and
reimbursement of residents for personal funds lost. The
Director or his designee may enter into agreements with the nonprofit
organization created pursuant to § 32.1-353.4 to spend any such funds, when in
compliance with federal law, up to a total of $700,000. This discretionary authority
shall in no way obligate the Director to enter into such agreements. Such funds
shall be initially used to implement the nonprofit organization, but thereafter
the nonprofit organization shall be self-sustaining.
B. In addition to the remedies specified in subsection A, the Director shall establish a Nursing Facility Quality Improvement Program in compliance with all applicable federal and state regulations designed to improve the health, safety, and welfare of residents in nursing facilities. The Director shall develop the Nursing Facility Quality Improvement Program in cooperation with affected state agencies, representatives of the nursing facility provider community, and advocacy groups.
2. That §§ 32.1-353.4 and 32.1-353.5 of the Code of Virginia are repealed.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.