RD386 - Activities of the Virginia Department of Health and Long Term Care Stakeholders Workgroup Regarding Nursing Facility Resident Readmission and Discharge

Executive Summary:
House Bill 1274 (2012) (*1) requires the Commissioner of Health to convene a workgroup (*2) to clarify state and federal requirements and develop guidelines applicable to nursing facility resident transfers and discharges, including but not limited to related notice requirements and transfer procedures for inpatient medical care. HB1274 also requires the Commissioner to report on the Secretary of Health and Human Resources, and the Chairmen of the Senate Committee on Education and Health and the House Committee on Health, Welfare and Institutions concerning the progress of the workgroup. In actuality, HB1274 formalized a workgroup convened by the Virginia Department of Health (VDH) in 2011 that had been meeting on the same issues covered by the legislation, i.e., nursing facility discharge practices and whether facilities were improperly discharging residents. Because the elder rights advocates sought the introduction of legislation in 2012 that "any written notice of involuntary transfer or discharge be sent to the State Long-Term Care Ombudsman at the same time such notice is sent to the [resident]," a compromise was reached that resulted in HB1274.
(*1) See Appendix A
(*2) See Appendix B