VirginiaSB7382026 Regular SessionSenateWALLET

Hospitals; emergency department physicians.

Sponsored By: Emily M. Jordan (Republican)

Became Law

Summary

Hospitals; psychiatric emergency departments. Allows hospitals with psychiatric emergency departments located in the City of Hampton to operate without a physician on duty when certain conditions are met, including having written agreements in place with emergency medical service providers and being immediately adjacent to a non-psychiatric emergency department. The bill requires such psychiatric emergency departments to submit treatment data to the General Assembly on an annual basis by November 1. This bill is identical to HB 1318.

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Bill Overview

Analyzed Economic Effects

16 provisions identified: 14 benefits, 1 costs, 1 mixed.

Minimum liability insurance in nursing homes

Each nursing home must carry at least $1,000,000 in non‑eroding general liability insurance per occurrence. It must also carry professional liability at least equal to the recovery limit in § 8.01‑581.15 per patient occurrence. Facilities that fail to keep this coverage can lose their license and must show proof at renewal.

Better care for moms and newborns

Hospitals with obstetrical care must have a plan to admit or transfer women who arrive in labor. When a postpartum woman is identified as using substances, the hospital must create a written discharge plan, make referrals, involve family when appropriate, and notify the community services board to manage the plan. The state sets levels of neonatal care so families know which hospitals offer higher‑level newborn services. Hospitals must also have written stillbirth policies with counseling and family support.

Nursing homes: safety, screening, and transparency

Nursing homes must disclose admission policies to applicants. They must train mandated reporters on how to report adult abuse and the penalties for not reporting. Facilities must register with State Police to receive sex‑offender registry updates in the same or neighboring ZIP codes and must check before admission if a person must register when a stay is over three days. On request, homes must send family‑council notices to a resident’s contact up to six times a year and post council information.

Patient rights and visits protected

Hospitals must have a patient rights and responsibilities protocol and give you a copy at admission. Adult patients may choose their visitors, with reasonable safety limits. During declared contagious‑disease emergencies, hospitals and nursing homes must allow clergy visits with safety rules and may limit time or offer virtual visits. During a COVID‑19 public health emergency, nursing homes must follow a visitation plan and allow at least one visit every 10 days, share the plan, and follow CDC and Medicare guidance.

Safer emergency and behavioral health care

Hospitals that run emergency rooms must have a licensed doctor on site at all times. Each ER must have a security plan based on a risk review and may post off‑duty police or trained security as needed. ER urine drug screens must include a fentanyl test. ERs must follow a plan for substance‑use emergencies, including screening, follow‑up care, and options to give or prescribe naloxone and make treatment referrals. Hospitals can partner with the Health Department to provide naloxone to uninsured patients. Psychiatric units must allow direct doctor‑to‑doctor talks when a stable patient is refused admission and consult a poison specialist if toxicology raises questions.

Second opinions on life-support decisions

Hospitals that can provide life‑sustaining treatment must have a policy for deciding if treatment is medically and ethically appropriate. The policy must offer a second opinion and a review by a medical committee. The hospital must place a written explanation in the record. You or your decision‑maker may get records, seek outside opinions, join meetings, or pursue legal steps after giving written notice to the CEO within 14 days.

Vaccines and treatment options in nursing homes

Nursing homes must offer residents an annual flu shot and a pneumococcal vaccine unless unsafe or declined. Authorized staff may store, dispense, or give cannabis oil to a resident who has a valid state certification for its use.

Stronger facility standards and flexible capacity

The state sets minimum rules for hospital and nursing home buildings, staffing, equipment, infection control, disaster plans, and security. The state can group facilities by specialty and license them by bed count and service type. During disasters or certain public‑health orders, facilities may add temporary beds without a license for the emergency period plus 30 days if they can safely staff. Licensed hospitals and nursing homes can also open adult day centers if they obtain any extra license required.

Exception to onsite doctor in psych ERs

Hospitals with emergency rooms must have a licensed doctor onsite at all times. A psychiatric emergency room is excused only in two cases. First, it sits next to a medical ER that provides emergency treatment and has immediate doctor response rules. Second, it markets only psychiatric care, is in the City of Hampton, and meets safeguards. Those include EMS transport and transfer agreements, live video consults, an onsite medical director, and licensed staff with ACLS, PALS, and initial BLS. Hospitals using the Hampton exception must report by November 1 each year on non‑psychiatric cases, EMS transfers, and total patients to legislative health committee chairs and the Behavioral Health Commission.

Know costs before non-emergency air transport

Before a hospital arranges non‑emergency air transport, it must give you written or electronic notice. The notice must say you may choose air or medically appropriate ground transport. It must also warn you that you may have to pay if the air provider is out of network or not covered by your insurance.

Online records and personal devices allowed

If a hospital offers minors’ records on a secure website, it must also give the same online access to the parent or guardian. This does not apply if sharing would reveal information state law keeps private or if needed consent was not given. Hospitals, nursing homes, and certified nursing facilities must also let inpatients use their own intelligent personal assistant devices and protect privacy under HIPAA.

Safer surgery and smoother recovery

Hospitals must use smoke‑evacuation systems during planned surgeries that make surgical smoke. If you are having elective surgery and will likely need outpatient physical therapy, the hospital must tell you and you must pick a therapy provider before discharge. Staff may take emergency verbal treatment orders, but the author must sign within 72 hours.

Standard organ and tissue donation steps

Hospitals must follow organ donation rules that meet federal standards. Each hospital must work with an organ procurement group, a tissue bank, and an eye bank. Trained staff must speak with families in a sensitive way, and organizations decide donor suitability. Families’ opposition is respected when no donor card or directive exists.

Track and warn on clotting factor safety

Facilities that care for people with hemophilia and stock clotting‑factor products must record all lot numbers or unique IDs. If a lot is found contaminated, the facility must tell the attending doctor and ask the doctor to notify the patient. If the doctor is unavailable, the facility must mail a notice with return receipt to the patient’s last known address.

Workplace violence reporting in hospitals

Hospitals must set up a workplace‑violence reporting system and explain it to staff, including at orientation. They must record all incidents that employees report, keep records for at least two years with required details, and adopt an anti‑retaliation policy. Hospitals must report data every quarter to the chief medical and nursing officers and send an annual de‑identified report to the state.

Limits on hospital and nursing license fees

The Board sets the fees that hospitals and nursing homes pay to issue, change, or renew licenses. Fees can change at most once per year. They change only when program expenses plus appropriations are more than 10% above or below yearly operating costs. Hospital fees and nursing home fees are calculated separately.

Sponsors & Cosponsors

Sponsor

Emily M. Jordan
Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 202 • No: 6

House vote • 2/27/2026

Passed House

Yes: 92 • No: 4

House vote • 2/24/2026

Reported from Health and Human Services

Yes: 20 • No: 2

Senate vote • 2/17/2026

Read third time and passed Senate

Yes: 40 • No: 0

Senate vote • 2/16/2026

Committee substitute agreed to (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/13/2026

Passed by for the day Block Vote (Voice Vote)