Agency
Virginia Department of Health
 
Board
State Board of Health
 
Guidance Document Change: This guidance document summarizes how the State Health Commissioner (“The Commissioner”) of the Virginia Department of Health (VDH), through the Office of Licensure and Certification (OLC), may consider imposing administrative sanctions for nursing facilities under 12VAC5-371-90 and Va. Code §§ 32.1-27, 27.1, and 135. This guidance document does not create new requirements or mandatory enforcement levels. Decisions regarding sanctions will always be fact specific. This guidance document does not limit VDH's or the Commissioner’s authority to take any action authorized by law.
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8/27/26  1:54 pm
Commenter: THE ADVOCATE VOICE VIRGINIA

Stronger Nursing Home Staffing, Enforcement, and Oversight in Virginia Urgently Needed!
 

Virginia's nursing-home residents often depend entirely upon staff for eating, bathing, dressing, toileting, mobility, medication, and protection from harm.  Facilities must be required to maintain enforceable minimum staffing levels based not only on resident numbers but also on the severity and complexity of residents' needs.  Facilities should not be permitted to admit or retain more residents than they are properly staffed and equipped to serve.   

Chronic understaffing contributes to unanswered call bells, delayed care, falls, pressure injuries, residents remaining in soiled clothing or bedding, staff burnout and other preventable harm.  Training is essential, but it cannot compensate for an unreasonable resident-to-staff ratio. 

Virginia must also impose stronger consequences on facilities that repeatedly violate health and safety requirements.  Corrective-action plans and minimal penalties are insufficient when deficiencies continue or residents are harmed.  Repeat violations should result in escalating fines, increased monitoring, admission restrictions, leadership accountability, and possible suspension or loss of licensure. 

Inspection delays must also be addressed.  Complaints involving abuse, neglect, unsafe staffing, medication errors, or immediate threats to residents require prompt investigation.  The Virginia Department of Health must have sufficient personnel, resources, training, and authority to conduct timely investigations and unannounced inspections. 

Staff members should receive ongoing, practical training in dementia care behavioral health, trauma-informed care, resident rights, abuse and neglect reporting, fall prevention, infection control, and communication with residents who are nonverbal or cognitively impaired.  Good employees must also receive appropriate wages, supervision, support, and protection from retaliation. 

Virginia's oversight system must become proactive rather than reactive.  Staffing information, inspection findings, repeat deficiencies, enforcement actions, ownership information, and corrective-action results should be transparent and easily accessible to residents and families.   

Virginia must move beyond studies, delays, and penalties that facilities can treat as a cost of doing business.  Nursing facility residents deserve enforceable staffing standards, timely inspections, qualified and supported caregivers, meaningful consequences, and consistent oversight.  

Joanna Heiskill - Founder, Executive Director

 

CommentID: 240884