On January 22, 2018, the Virginia Department of Health (VDH) published final regulations implementing legislation passed during the 2016 and 2017 General Assembly sessions. 

The first change affects 12VAC5-371-150. Resident rights.  The new language adds a section I specifying:

1. The nursing facility shall not restrict the rights of a nursing home resident’s family and resident’s legal representative to meet in the facility with the families and legal representatives of other residents of the facility.

The second change affects 12VAC5-371-160. Financial controls and resident funds.  This change aligns Virginia’s regulations with Centers for Medicare and Medicaid Services (CMS) requirements. This regulation makes the following changes:

64. In the event of a resident’s death or discharge with funds deposited with the facility, the nursing facility shall, within 30 days, give a final accounting of those funds to the individual administering the resident’s estate and, if appropriate, refund any moneys due. Each nursing facility shall be required to provide a full refund of any unexpended patient funds on deposit with the facility following the discharge or death of a patient, other than entrance related fees, within 30 days of a written request for such funds by the discharged patient or, in the case of the death of a patient, the person administering the patient’s estate in accordance with the Virginia Small Estate Act (§ 64.2-600 et seq. of the Code of Virginia).

The final regulations were published in the January 22, 2018 edition of the Virginia Register of Regulations.