32.1-132 - Alterations or additions to hospitals and nursing homes; when new license required; use of inpatient hospital beds for furnishing skilled care services.
§ 32.1-132. Alterations or additions to hospitals and nursing homes; when newlicense required; use of inpatient hospital beds for furnishing skilled careservices.
A. Any person who desires to make any substantial alteration or addition toor any material change in any hospital or nursing home shall, before makingsuch change, alteration or addition, submit the proposal therefor to theCommissioner for his approval. The Commissioner shall review the proposal todetermine compliance with applicable statutes and regulations of the Boardand as soon thereafter as reasonably practicable notify the person that theproposal is or is not approved.
B. If any such alteration, addition or change has the effect of changing thebed capacity or classification of the hospital or nursing home, the licenseeshall obtain a new license for the remainder of the license year beforebeginning operation of additional beds or in the new classification.
C. Notwithstanding any provision of state law to the contrary, any hospital,after sending such written notice as may be required by the Commissioner, mayutilize, for a period not to exceed thirty days for any one patient, amaximum of ten percent of its inpatient hospital beds as swing beds for thefurnishing of services of the type which, if furnished by a nursing home orcertified nursing facility, would constitute skilled care services withoutcomplying with nursing home licensure requirements or retaining the servicesof a licensed nursing home administrator. Such hospital shall amend its planof care and implement its plan as amended to ensure the overall well-being ofpatients occupying such beds. Only those hospitals which qualify under § 1883of Title XVIII and § 1913 of Title XIX of the Social Security Act and arecertified as skilled nursing facilities may be reimbursed for such servicesfor Medicare and Medicaid patients.
(Code 1950, § 32-305; 1979, c. 711; 1983, c. 533; 1989, c. 618.)