The Virginia Department of Health Office of Licensure and Certification (VDH OLC) has published a new guidance document to implement the process by which temporary bed increases for nursing homes and hospitals are granted in response to a disaster. Exemptions may be granted for a period not longer than 30 days.

The guidance, which goes into effect on January 9, 2020, includes:

• instructions on how a facility may request a temporary bed increase;
• the circumstances under which a disaster exemption is presumed to be in effect;
• how each disaster exemption and its computation of time is independent from other disaster exemptions that may be concurrently in existence; and
• how a facility may inform the OLC that it is utilizing a disaster exemption.

Licensed entities are strongly encouraged to notify VDH OLC if they intend to use the disaster exemption.

This guidance follows the VHCA-VCAL backed legislation passed in 2019 that grants the state health commissioner authority to exempt nursing homes or hospitals from the requirement to obtain a certificate to add temporary beds to address a bed shortage elsewhere during a public health emergency when a natural or manmade disaster has caused the evacuation of nursing homes or hospitals.

Forms and Templates
Request for Disaster Exemption, OLC-1006-F
Notification of Utilization of Disaster Exemption, OLC-1007-F