Nursing homes, certified nursing, or hospice facility; patient visitation, notice to family. (SB5042)

Introduced By

Sen. Jen Kiggans (R-Virginia Beach) with support from co-patron Sen. Jennifer McClellan (D-Richmond)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


State Board of Health; public health emergency; patient visitation; notice to family; emergency. Requires each nursing home, certified nursing facility, and hospice facility to establish a protocol to allow each patient to receive visits, consistent with guidance from the Centers for Disease Control and Prevention and as directed by the Centers for Medicare and Medicaid Services and the State Board of Health. Such protocol shall include provisions describing (i) the conditions, including conditions related to the presence of COVID-19 in the facility and community, under which in-person visits will be allowed and under which in-person visits will not be allowed and visits will be required to be virtual; (ii) the requirements with which in-person visitors will be required to comply to protect the health and safety of the patients and staff of the facility; (iii) the types of technology, including interactive audio or video technology, and the staff support necessary to ensure visits are provided; and (iv) the steps the facility will take in the event of a technology failure, service interruption, or documented emergency that prevent visits from occurring. Such protocol shall also include (a) a statement of the frequency with which visits, including virtual and in-person, where appropriate, will be allowed, which shall be at least once every 10 calendar days for each patient; (b) a provision authorizing a patient or the patient's personal representative to waive or limit visitation, provided that such waiver or limitation is included in the patient's health record; and (c) a requirement that each nursing home, certified nursing facility, and hospice facility publish on its website or communicate to each patient or the patient's authorized representative, in writing or via electronic means, the facility's plan for providing visits to patients. The bill contains an emergency clause and requires the Department of Health to promulgate regulations to implement the provisions of the act to be effective within 280 days of its enactment. Read the Bill »


09/25/2020: Passed the House


08/15/2020Prefiled and ordered printed with emergency clause; offered 08/18/20 20200357D
08/15/2020Referred to Committee on Education and Health
08/19/2020Reported from Education and Health (14-Y 0-N 1-A) (see vote tally)
08/20/2020Constitutional reading dispensed (40-Y 0-N) (see vote tally)
08/24/2020Impact statement from DPB (SB5042)
08/26/2020Passed by for the day
08/27/2020Impact statement from DPB (SB5042S1)
08/27/2020Floor substitute printed 20201019D-S1 (Kiggans)
08/27/2020Read second time
08/27/2020Amendments by Senator Cosgrove withdrawn
08/27/2020Reading of substitute waived
08/27/2020Substitute by Senator Kiggans agreed to 20201019D-S1
08/27/2020Engrossed by Senate - floor substitute SB5042S1
08/28/2020Read third time and passed Senate (36-Y 0-N) (see vote tally)
09/02/2020Impact statement from DPB (SB5042S1)
09/17/2020Placed on Calendar
09/17/2020Read first time
09/17/2020Referred to Committee on Health, Welfare and Institutions
09/17/2020House committee, floor amendments and substitutes offered
09/17/2020Reported from Health, Welfare and Institutions with amendments (22-Y 0-N) (see vote tally)
09/24/2020Read second time
09/25/2020Read third time
09/25/2020Committee amendments agreed to
09/25/2020Engrossed by House as amended
09/25/2020Passed House with amendments BLOCK VOTE (97-Y 0-N)

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