Current through Register Vol.. 38, No. 17, April 11, 2022
Providers seeking to operate a hospice facility shall comply with the
appropriate facility licensing regulation as follows:
1. Facilities with 16 or fewer beds shall be
licensed as a hospice facility pursuant to this chapter. Such facilities with
six or more beds shall obtain a Certificate of Use and Occupancy with a Use
Group designation of I-2; or
Facilities with more than 16 beds shall be licensed as a hospital pursuant to
12VAC5-410 or as a nursing facility pursuant to 12VAC5-371. Such facilities
shall obtain the applicable Certificate of Public Need prior to the development
or construction of the facility.
B. Only patients diagnosed terminally ill
shall be admitted to a hospice facility. The facility shall admit only those
patients whose needs can be met by the accommodations and services provided by
C. To the maximum
extent possible, care shall be provided in the patient's home. Admission to a
hospice facility shall be the decision of the patient in consultation with the
patient's physician. No patient shall be admitted to a hospice facility at the
discretion of, or for the convenience of, the hospice provider, the primary
caregiver, or the family.
hospice providers operating a hospice facility shall use its facility to
provide, to the extent possible, respite and symptom management services to all
patients in the hospice program needing such services.
If the Governor has declared a public
health emergency related to the novel coronavirus (COVID-19), all hospice
providers operating a hospice facility shall allow a person with a disability
who requires assistance as a result of such disability to be accompanied by a
designated support person at any time during which health care services are
1. If the duration of health care
services in a hospice facility is anticipated to last more than 24 hours, the
person with a disability may designate more than one designated support person.
However, no hospice facility shall be required to allow more than one
designated support person to be present with a person with a disability at any
2. A designated support
person shall not be subject to any restrictions on visitation adopted by the
hospice facility. However, such designated support person may be required to
comply with all reasonable requirements of the hospice facility adopted to
protect the health and safety of patients and staff of the hospice
Every hospice provider
operating a hospice facility shall establish policies applicable to designated
support persons and shall:
a. Make such
policies available to the public on a website maintained by the hospice
b. Provide such
policies in writing to the patient at such time as health care services are
No hospice facility shall receive patients for care, palliative treatment,
respite, or symptom management services in excess of its licensed bed
G. No hospice facility
provider shall add additional patient beds or renovate facility space without
first notifying the OLC. OLC notifications must be in writing to the director
of the OLC.
H. The OLC will not
accept any requests for variances to this section.
Admin. Code §
Derived from Virginia
Register Volume 21, Issue 23, eff. November 1, 2005; amended, Virginia Register
Volume 24, Issue 11, eff. March 5, 2008; Volume 27, Issue 11, eff. March 2,
Register Volume 37, Issue 15, eff.
Statutory Authority: §§
32.1-162.5 of the
Code of Virginia.