| Action Summary | This regulatory action is taken in response to a Petition for Rulemaking. This action will bring the regulations into conformance with the provisions of §32.1-127.001 of the Code of Virginia, which was enacted in 2005. The Code section states that "Notwithstanding any law or regulation to the contrary," the Board of Health shall promulgate regulations for the licensure of hospitals and nursing homes that include minimum standards for design and construction that are consistent with the current edition of the Guidelines for Design and Construction of Hospital and Health Care Facilities issued by the American Institute of Architects Academy of Architecture for Health (the Guidelines). However, the regulations currently state that the Virginia Uniform Statewide Building Code takes precedence over the Guidelines. That regulatory provision is contrary to the requirements of §32.1-127.001. The department plans to amend regulatory sections 410 and 420 of chapter 371 pertaining to building and construction codes for nursing facilities. The purpose of the amendment will be to specify that all nursing facilities must comply with the Virginia Uniform Statewide building Code and new nursing facilities shall comply with the appropriate sections of the Guidelines. Further the amendment will clarify that the Guidelines take precedence over the Virginia Uniform Statewide Building Code. |
| Chapters Affected | Only affects this chapter. |
| Executive Branch Review | This action will go through the normal Executive Branch Review process. |
| RIS Project | Yes [003898] |
| Associated Petitions for Rulemaking | Request to Amend Regulations for Licensure of Nursing Facilities |
| New Periodic Review | This action will not be used to conduct a new periodic review. |
| Name / Title: | Rebekah E. Allen / Sr. Policy Analyst |
| Address: |
Virginia Department of Health 9960 Mayland Drive, Ste. 401 Richmond, VA 23233 |
| Email Address: | regulatorycomment@vdh.virginia.gov |
| Phone: | (804)367-2102 FAX: (804)527-4502 TDD: ()- |