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.
"Urine drug screening" means a chemical analysis intended to test patients for the presence of multiple drugs, including cocaine, opioids, and phencyclidine.
Code 1950, § 32-298; 1964, c. 54; 1973, c. 477; 1979, c. 711; 1989, c. 618; 2011, c. 433; 2025, c. 238.
Notes of Decisions
Cherrie v. Virginia Health Servs., 787 S.E.2d 855 (Va. 2016).
· cites it 5× “The Virginia Board of Health regulates certain medical facilities in the Commonwealth, including "[n]ursing home[s]" as defined by Code § 32.1-123. See 12 VAC § 5-371-10 (defining "[n]ursing facility" as "any nursing home as defined in § 32.”
Univ. of Va Health Servs. v. Morris, 657 S.E.2d 512 (Va. 2008).
· cites it 11× “Code § 32.1-123 defines "hospital" as follows: "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…”
Granite State Ins. v. Bottoms, 415 S.E.2d 131 (Va. 1992).
· cites it 2× “” Code § 32.1-123. According to the pastor of Zion Baptist *232 Church, the Home provides no health care or medical treatment for its residents.”
Gordon v. Allen, 482 S.E.2d 66 (Va. Ct. App. 1997).
· cites it 2× “He contended that although licensure law recognizes an “outpatient surgical hospital” as a type of medical care facility, Code § 32.1-123 et seq., “outpatient surgical hospitals” are not included specifically in the list of medical facilities requiring COPN review under Code §…”
Lanning v. Virginia Dep't of Transp., 561 S.E.2d 33 (Va. Ct. App. 2002).
“It is an infectious or contagious disease contracted in the course of one’s employment in a hospital or sanitarium or laboratory or nursing home as defined in § 32.1-123, or while otherwise engaged in the direct delivery of health care, or in the course of employment as…”
Allied Fibers v. Rhodes, 474 S.E.2d 829 (Va. Ct. App. 1996).
· cites it 2× “It is an infectious or contagious disease contracted in the course of one's employment in a hospital or sanitarium or laboratory or nursing home as defined in § 32.1-123, or while otherwise engaged in the direct delivery of health care, or in the course of employment as…”
Marcus v. Arlington Cnty. Bd. of Supervisors, 425 S.E.2d 525 (Va. Ct. App. 1993).
“It is an infectious or contagious disease contracted in the course of one’s employment in a hospital or sanitarium or laboratory or nursing home as defined in § 32.1-123, or while otherwise engaged in the direct delivery of health care, or in the course of employment as…”
Steadman v. Liberty Fabrics, Inc., 589 S.E.2d 465 (Va. Ct. App. 2003).
“That one of the following exists: (a) It follows as an incident of occupational disease as defined in this title; or (b) it is an infectious or contagious disease contracted in the course of one’s employment in a hospital or sanitarium or laboratory or nursing home as defined in…”
Ogden Aviation Servs. v. Saghy, 526 S.E.2d 756 (Va. Ct. App. 2000).
“It is an infectious or contagious disease contracted in the course of one’s employment in a hospital or sanitarium or laboratory or nursing home as defined in § 32.1-123, or while otherwise engaged in the direct delivery of health care, or in the course of employment as…”
Mottram v. Fairfax Cnty. Fire & Rescue, 542 S.E.2d 811 (Va. Ct. App. 2001).
“It is an infectious or contagious disease contracted in the course of one’s employment in a hospital or sanitarium or laboratory or nursing home as defined in § 32.1-123, or while otherwise engaged in the direct delivery of health care, or in the course of employment as…”
Rogers v. Virginia Home, 83 Va. Cir. 423 (Richmond County Cir. Ct. 2011).
· cites it 16× “” In a similar vein, a “ 'nursing home’ means any facility or any identifiable component of any facility licensed pursuant to this article in which the primary function, on a continuing basis, of nursing and health-related services for the treatment and inpatient care of two or…”
Foster v. Smithfield Packing Co., 390 S.E.2d 511 (Va. Ct. App. 1990).
“It is an infectious or contagious disease contracted in the course of one’s employment in a hospital or sanitarium or laboratory or nursing home as defined in subdivision 2 of § 32.1-123, or while otherwise engaged in the direct delivery of health care, or in the course of…”
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