On August 10, 2026, the Virginia Department of Health (VDH) posted its Nursing Home Administrative Sanctions Guidance Document on the Virginia Regulatory Town Hall for a 30-day public comment period. The comment period closed September 9, and VDH received 51 comments from nursing home residents and family members, health care professionals, advocacy organizations, industry representatives, and members of the public.<\/p>\n
VDH appreciates the time and thought that went into these comments. They reflected a range of perspectives on nursing home oversight and enforcement in Virginia. Some commenters emphasized the importance of a clear and predictable enforcement process; sanctions that are proportionate to violations and resident impact; meaningful opportunities for corrective action; consideration of a facility\u2019s compliance history and response to deficiencies; and consistency in how sanctions are applied. Others called for stronger and more explicit sanction triggers, including mandatory action for repeated serious deficiencies, clearer criteria for license suspension or revocation, greater accountability for recurring problems across facilities, and increased public transparency around enforcement decisions.<\/p>\n
Virginia\u2019s Long-Term Care Ombudsman, Joani Latimer, specifically noted that balance in recent comments about the guidance document. \u201cWhile we all recognize there is more yet to be done to strengthen nursing home oversight and ensure quality care for every resident, these changes are an important step forward. The guidance strikes the balance between the need to hold nursing homes accountable for providing quality care, on the one hand, while ensuring that sanctions are proportional to violations and that negative impacts on residents are minimized as much as possible.\u201d<\/p>\n
Many commenters also raised broader concerns about conditions in Virginia nursing facilities, including chronic understaffing, resident safety and quality of care, sanitation, workforce support, delayed inspections, inconsistent enforcement, and accountability. While many of these concerns extend beyond the scope of this particular guidance document, VDH takes them seriously, and they will continue to inform our broader work to strengthen nursing home oversight.<\/p>\n
The guidance document is intended to provide a clearer and more consistent framework for how VDH, through the Office of Licensure and Certification, considers the use of administrative sanctions when nursing facilities fail to meet required standards. Decisions will remain fact-specific and may take into account a facility\u2019s compliance history; the nature and severity of violations; actual or potential harm to residents; the facility\u2019s response to identified noncompliance; and whether timely and sustained correction has occurred. The guidance does not create new requirements or mandatory enforcement levels, nor does it limit VDH\u2019s or the State Health Commissioner\u2019s authority under existing law.\u00a0 Sanctions will be imposed in accordance with the provisions of the Regulations for Licensure of Nursing Facilities, the Virginia Administrative Process Act, and other applicable provisions of the Code of Virginia.<\/p>\n
After carefully reviewing and considering the public comments, VDH is not making changes to the guidance document at this time. We believe the guidance provides an important tool to protect residents when facilities fail to meet required standards, strengthen accountability, and promote more consistent and timely enforcement, while preserving the ability to consider the circumstances of each case.<\/p>\n
This guidance is one part of VDH\u2019s broader work to strengthen nursing home oversight. When additional regulatory authority establishing intermediate sanctions, including civil monetary penalties, becomes effective, VDH will revise the guidance as appropriate to reflect that authority and ensure that the tools available to protect nursing home residents remain aligned with Virginia law.<\/p>\n
The Nursing Home Administrative Sanctions Guidance Document will take effect September 28, 2026, and will be posted on the Virginia Regulatory Town Hall.<\/p>\n","protected":false},"excerpt":{"rendered":"
On August 10, 2026, the Virginia Department of Health (VDH) posted its Nursing Home Administrative Sanctions Guidance Document on the Virginia Regulatory Town Hall for a 30-day public comment period. The comment period closed September 9, and VDH received 51 comments from nursing home residents and family members, health care professionals, advocacy organizations, industry representatives, […]<\/p>\n","protected":false},"author":52,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_lmt_disableupdate":"no","_lmt_disable":"","footnotes":""},"tags":[],"class_list":["post-25896","page","type-page","status-publish","hentry"],"yoast_head":"\n