CODE OF VIRGINIA

DEFINITIONS (§ 32.1-123)

As used in this article unless a different meaning or construction is clearly
required by the context or otherwise:”Certified nursing facility”
means any skilled nursing facility, skilled care facility, intermediate care
facility, nursing or nursing care facility, or nursing home, whether
freestanding or a portion of a freestanding medical care facility, that is
certified as a Medicare or Medicaid provider, or both, pursuant to §
32.1-137.”Children’s hospital” means a hospital (i) whose
inpatients are predominantly under 18 years of age and (ii) which is excluded
from the Medicare prospective payment system pursuant to the Social Security
Act.”Class I violation” means failure of a nursing home or certified
nursing facility to comply with one or more requirements of state or federal law
or regulations which creates a situation that presents an immediate and serious
threat to patient health or safety.”Class II violation” means a
pattern of noncompliance by a nursing home or certified nursing facility with
one or more federal conditions of participation which indicates delivery of
substandard quality of care but does not necessarily create an immediate and
serious threat to patient health and safety. Regardless of whether the facility
participates in Medicare or Medicaid, the federal conditions of participation
shall be the standards for Class II violations.”Hospital” means any
facility licensed pursuant to this article in which the primary function is the
provision of diagnosis, of treatment, and of medical and nursing services,
surgical or nonsurgical, for two or more nonrelated individuals, including
hospitals known by varying nomenclature or designation such as children’s
hospitals, sanatoriums, sanitariums and general, acute, rehabilitation, chronic
disease, short-term, long-term, outpatient surgical, and inpatient or outpatient
maternity hospitals.”Immediate and serious threat” means a situation
or condition having a high probability that serious harm or injury to patients
could occur at any time, or already has occurred, and may occur again, if
patients are not protected effectively from the harm, or the threat is not
removed.”Inspection” means all surveys, inspections, investigations
and other procedures necessary for the Department of Health to perform in order
to carry out various obligations imposed on the Board or Commissioner by
applicable state and federal laws and regulations.”Nursing home”
means any facility or any identifiable component of any facility licensed
pursuant to this article in which the primary function is the provision, on a
continuing basis, of nursing services and health-related services for the
treatment and inpatient care of two or more nonrelated individuals, including
facilities known by varying nomenclature or designation such as convalescent
homes, skilled nursing facilities or skilled care facilities, intermediate care
facilities, extended care facilities and nursing or nursing care
facilities.”Nonrelated” means not related by blood or marriage,
ascending or descending or first degree full or half
collateral.”Substandard quality of care” means deficiencies in
practices of patient care, preservation of patient rights, environmental
sanitation, physical plant maintenance, or life safety which, if not corrected,
will have a significant harmful effect on patient health and safety.

HISTORY: Code 1950, § 32-298; 1964, c. 54; 1973, c. 477; 1979, c. 711; 1989, c.
618; 2011, c. 433.