Language was added to HB 879, the bill addressing the frequency of nursing facility surveys, to put it effect as soon as it is signed in tolaw by Gov. Ralph Northam.  The bill unanimously passed the General Assembly this week. Under the bill, if surveyors are conducting a required federal survey (including an annual certification survey), then the Office of Licensure and Certification (OLC) can also conduct its state licensure survey.

With the emergency clause, beginning this spring, surveyors will be able to return to completing the state and federal surveys together, avoiding the scenario whereby nursing centers may experience separate state and federal surveys. 

VHCA-VCAL worked with the bill patron, Del. Bobby Orrock, and Sen. Steve Newman to add the emergency enactment clause to the bill.  OLC had no objection to this language.  Without an emergency clause, the bill would not take effect until July 1, 2018. 

HB 879 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 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 CMS certification surveys (which assess compliance under the Requirements of Participation).