VirginiaSB5352026 Regular SessionSenateWALLET

Nursing homes and certified nursing facilities; required liability insurance coverage.

Sponsored By: Mark D. Obenshain (Republican)

Signed by Governor

Summary

Nursing homes and certified nursing facilities; required liability insurance coverage. Provides that the regulations of the Board of Health shall require purchasers of licensed nursing homes or certified nursing facilities with claims-made policies of liability insurance coverage to purchase an extended reporting endorsement of two years after the date of sale or to purchase liability insurance coverage with dates that begin two years prior to the date the existing owner's policies end.

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 10 benefits, 0 costs, 1 mixed.

Patient visits protected during health emergencies

During a COVID-19 public health emergency, nursing homes and certified nursing facilities must communicate a visitation plan. It must allow visits at least once every 10 calendar days, in person or online as appropriate under health guidance. The plan must address needed technology and staff help. Residents or their representatives can waive or limit visits if the choice is recorded in the health record. During declared communicable-disease health emergencies, hospitals and these nursing facilities must also have a plan allowing clergy visits. Clergy visits remain subject to health orders and guidance; facilities can limit their length or frequency or require online visits.

Required insurance protects nursing home residents

Nursing homes and certified nursing facilities must carry non-eroding general liability insurance of at least $1 million per incident. Professional liability coverage must at least match Virginia's legal recovery limit per patient incident. After an ownership transfer, buyers with existing claims-made policies must obtain two years of extended claim reporting or replacement coverage reaching back two years before those policies end. Facilities must provide proof at license renewal or make it available to the Board of Health. Failure to maintain required coverage results in license revocation.

Hemophilia patients get contaminated medicine notices

Facilities treating hemophilia and stocking clotting factors must record product lot numbers or other identifiers to trace recipients. When a lot is known to be contaminated, the facility must notify each recipient's attending doctor. It must ask the doctor to notify the patient. If the doctor is unavailable, the facility must mail notice to the patient's last known address and request a return receipt.

Hospital drug screens must include fentanyl

When a hospital emergency department uses a urine drug screen to help diagnose a patient, it must test for fentanyl. The law does not require this screening for every emergency patient.

Hospitals can offer uninsured overdose medicine

Virginia hospitals can make agreements with the state health department to provide overdose-reversal medicine to uninsured patients. This includes naloxone and other medicines that reverse opioid overdoses. Hospitals do not have to enter an agreement, and individual patients are not guaranteed medicine.

Parents gain online hospital record access

Hospitals giving minors access to health records through a secure website must also provide access to their parents or guardians. Access is not required when the hospital cannot block information whose disclosure has been denied under state law. The same exception applies to information for which required consent has not been given.

Patients get rules for personal assistants

Hospitals, nursing homes, and certified nursing facilities must set and carry out rules for patient-provided intelligent personal assistants. The rules cover access and use during inpatient care and must protect health information under federal privacy law. The law does not guarantee unrestricted device use.

Hospital workers gain violence reporting protections

Hospitals must track and review workplace violence reported by employees while working on hospital grounds. They must explain how to report incidents, including during orientation, and use findings to improve prevention. Records must be kept at least two years and include incident details, people involved, responses, and the reporter's identity. Hospitals must report to their chief medical and nursing officers at least quarterly and submit an annual state report without identifying information. Hospitals must also prohibit retaliation or discrimination for reporting incidents or seeking help from employers, public agencies, or investigators.

Hospitals must remove smoke during surgery

Hospitals performing surgery must adopt a policy requiring smoke removal for every planned procedure likely to create surgical smoke. The system must capture, filter, and remove smoke where it forms. It must prevent smoke from reaching the eyes or airways of patients and operating-room workers.

Care facilities can open adult day centers

Licensed hospitals, nursing homes, and certified nursing facilities can operate adult day centers after obtaining any required license. The law does not require a facility to open a center or guarantee anyone a place.

Hospital and nursing home fee rules

The Board of Health sets and publishes hospital and nursing home licensing fees to cover licensing and inspection costs. Costs must be shared fairly, and fees must cover unfunded expenses without being excessive. Fees can rise or fall no more than once a year. A change requires allocated program expenses plus appropriated funding to differ from annual operating costs by more than 10%. Hospital and nursing home fees must be reviewed separately; these are facility fees, not direct household charges.

Sponsors & Cosponsors

Sponsor

  • Mark D. Obenshain

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 259 • No: 1

Senate vote • 3/3/2026

House amendment agreed to by Senate

Yes: 40 • No: 0

House vote • 2/27/2026

Passed House with amendment

Yes: 95 • No: 0

House vote • 2/24/2026

Reported from Health and Human Services with amendment(s)

Yes: 21 • No: 1

House vote • 2/19/2026

Subcommittee recommends reporting with amendment(s)

Yes: 10 • No: 0

Senate vote • 2/10/2026

Read third time and passed Senate Block Vote

Yes: 40 • No: 0

Senate vote • 2/9/2026

Education and Health Amendments agreed to

Yes: 0 • No: 0

Senate vote • 2/6/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/6/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote • 2/5/2026

Reported from Education and Health with amendments

Yes: 14 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0505)

    4/8/2026Governor
  2. Approved by Governor-Chapter 505 (effective 7/1/2026)

    4/8/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB535)

    3/9/2026Senate
  6. Bill text as passed Senate and House (SB535ER)

    3/9/2026Senate
  7. Enrolled

    3/9/2026Senate
  8. Signed by President

    3/9/2026Senate
  9. Signed by Speaker

    3/9/2026House
  10. House amendment agreed to by Senate (40-Y 0-N 0-A)

    3/3/2026Senate
  11. Passed House with amendment (95-Y 0-N 0-A)

    2/27/2026House
  12. Engrossed by House as amended

    2/27/2026House
  13. committee amendment agreed to

    2/27/2026House
  14. Read third time

    2/27/2026House
  15. Read second time

    2/26/2026House
  16. Reported from Health and Human Services with amendment(s) (21-Y 1-N)

    2/24/2026House
  17. Subcommittee recommends reporting with amendment(s) (10-Y 0-N)

    2/19/2026House
  18. House subcommittee offered

    2/19/2026House
  19. Assigned sub: Health Professions

    2/16/2026House
  20. Read first time

    2/13/2026House
  21. Referred to Committee on Health and Human Services

    2/13/2026House
  22. Placed on Calendar

    2/13/2026House
  23. Fiscal Impact Statement from Department of Planning and Budget (SB535)

    2/11/2026Senate
  24. Read third time and passed Senate Block Vote (40-Y 0-N 0-A)

    2/10/2026Senate
  25. Education and Health Amendments agreed to

    2/9/2026Senate

Bill Text

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