Skip to content Accessibility tools
Virginia Health Care Association | Virginia Center for Assisted Living

Legislation Fixes Problem with State and Federal Surveys

Legislation Fixes Problem with State and Federal Surveys

Since Gov. Ralph Northam signed HB 879 into law on March 23, 2018 surveyors from the Office of Licensure and Certification (OLC) can again conduct one inspection to assess compliance with state licensure requirements and the federal Requirements of Participation (ROPs).  VHCA-VCAL advocated for this bill during the legislative session.

VHCA-VCAL also worked to add an emergency enactment clause to HB 879 so that it could take effect upon signature by the governor, rather than on July 1, which is the usual effective date for new statutes.  OLC had no objections to the inclusion of the emergency clause.  

The bill was needed to address the unintended consequence of legislation passed in 2017. OLC interpreted a prior bill to mean surveyors may need to conduct separate inspections of nursing centers to complete the required state licensure survey (which assesses compliance with state regulations that are more stringent than the federal requirements like criminal background checks), and Centers for Medicare and Medicaid (CMS) certification surveys (which assess compliance under the federal ROPs).

The bill was passed unanimously by the General Assembly.  VHCA-VCAL is deeply appreciative of the efforts of Del. Bobby Orrock (R-Caroline County) who served as the bill sponsor.