2026 SESSION

INTRODUCED

26103689D

HOUSE BILL NO. 1104

Offered January 14, 2026

Prefiled January 14, 2026

A BILL to amend the Code of Virginia by adding a section numbered 32.1-126.6, relating to inspection of certified nursing facilities; compliance with federal reporting requirements; civil penalty.

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Patron—Hodges

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Referred to Committee on Health and Human Services

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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 32.1-126.6 as follows:

§ 32.1-126.6. Validation of federal reporting requirements for certified nursing facilities; civil penalty.

A. As used in this section:

"CMS" means the Centers for Medicare and Medicaid Services.

"Self-reporting requirements" means any requirements under federal law that nursing facilities report information, incidents, data, or compliance issues to CMS.

B. The Department shall include the validation of a certified nursing facility's compliance with self-reporting requirements in its inspection process. Inspections conducted by the Department shall include assessments of (i) the accuracy and completeness of reported incidents of abuse, neglect, and other compliance issues; (ii) the quality of data related to performance measures as part of the federal Skilled Nursing Facility Quality Reporting Program; and (iii) compliance with federal regulations regarding health and safety standards.

C. Certified nursing facilities shall submit a quarterly report to the Department detailing (i) all self-reported incidents and compliance issues submitted to CMS during the preceding quarter; (ii) any corrective actions taken in response to self-reported incidents; and (iii) updates on ongoing investigations related to reported incidents. The Department shall review these reports for discrepancies or compliance issues and shall require a certified nursing facility to submit an amended quarterly report if such discrepancies or compliance issues are discovered.

D. The Department may impose a penalty on any certified nursing facility that fails to comply with the reporting requirements of subsection C. Such penalty may include (i) a civil penalty upon the certified nursing facility in an amount not to exceed $1,000 per violation collected by the Commissioner and deposited into the Hospital and Nursing Home Licensure and Inspection Program Fund; (ii) increased frequency of inspections at the discretion of the Department; and (iii) suspension or revocation of the certified nursing facility's license.