Health Commissioner: Virginia has 'limited' authority to hold hospitals accountable for failures

RICHMOND, Va. — Virginia's top health official told members of the state's Joint Commission on Health Care Wednesday that the Department of Health has "limited actions" that it can take related to "hospital accountability for protecting the health and safety of patients."

Dr. Karen Shelton, the State Health Commissioner, said, "We can revoke or suspend a license, but it's for the entire hospital, which would be a very drastic situation for healthcare needs, especially in some communities that don't have multiple hospitals…We cannot currently impose intermediate sanctions on hospitals at this time."

Included in intermediate actions are monetary fines, which VDH does not have the statutory authority to impose for failures.

Shelton talked about the NICU at Henrico Doctors' Hospital, where a nurse was charged with abuse and neglect after multiple babies experienced bone fractures in 2023 and 2024, and where an outbreak of the antibiotic-resistant infection MRSA persisted for three years and infected 94 babies.

WATCH: MRSA outbreak in Henrico NICU lasted over 3 years, infected 94 babies

The state cited the hospital in April for multiple deficiencies, including a failure to protect patients from abuse and neglect and failure to control an infection outbreak.

"We did go back for a revisit May 20-22 and found there are remaining deficiencies. The hospital remains out of compliance. They will be submitting another Corrective Action Plan," Shelton said.

Parents of babies impacted by the failures at Henrico Doctors' Hospital previously told CBS6 they would like to see the state be able to fine the hospital.

"1000 percent. They need to come up with laws, regulations that hold these institutions accountable," Dominique Hackey, whose son Noah's leg was fractured inside the Henrico Doctors' Hospital NICU in September 2023, said.

"Investigating is not enough because 94 babies, that's a high number," Shawnphyl Chambers, the mother of a baby who acquired MRSA in the HDH NICU in 2022, said.

WATCH: Father shocked Henrico hospital wasn’t fined for failing to prevent abuse in NICU

Shelton confirmed that the hospital informed the health department's Office of Epidemiology about the MRSA outbreak right away, and epidemiology worked with the hospital to try to stop the outbreak.

But, epidemiology does not have the authority to cite the hospital for failures.

"Could the Office of Epidemiology contact the Office of Licensure and say, 'Hey can you go out and do an inspection because this outbreak is persisting and it's not being reined in?'" CBS 6 investigative reporter Melissa Hipolit asked Shelton.

"Certainly, the health of our citizens of the commonwealth is the most important thing so we need to make sure we are breaking down barriers in communication to solve the problems," Shelton replied.

"Could it be the two entities were in silos, maybe not communicating on that issue?" Hipolit asked.

"Yes. But at this time we have had good communication between these offices and both are working together at this time," Shelton responded.

Even if they had cited the hospital sooner for failure to control the outbreak, VDH would not have been able to fine the hospital for the deficiency, something the legislature actually gave VDH the power to do this year with nursing homes, and something Delegate Rodney Willett (D-85th) who represents the area where Henrico Doctors' is located, noted to Shelton.

"We heard your plea on the nursing home side of things, and we gave you additional authority there in terms of more immediate action you can take, and something in the middle as opposed to having to shut a facility down or not do anything, so it sounds like we have a similar gap on the hospital side is what I'm hearing?" Willett asked Shelton.

"Yes, sir," she replied.

"OK, something to address," Willett responded.

Back in May, CBS6 asked Del. Willett if he thought legislators should give VDH the power to fine a hospital, and he said “I think there are plenty of sticks out there, plenty of enforcement mechanisms that can be used.”

But, after asking Doctor Shelton to give a presentation on hospital accountability to the Joint Commission, which he chairs, Willett seemed to have a change of heart.

WATCH: Health Commissioner Dr. Karen Shelton discusses 'Draconian' state powers

Shelton told the commission that the number and severity of complaints against hospitals have increased exponentially since 2018, and most of the complaints are focused on quality of care.

She said the pandemic and subsequent staffing challenges exacerbated the issue.

"As the state health commissioner, do you think it would be helpful or would you like to have that tool in your toolbox to be able to fine a hospital for an ongoing deficiency?" Hipolit asked Shelton.

"If there were some more intermediate sanctions that might be helpful. We were able to pass those intermediate sanctions through for nursing homes in the past legislative session, so as we look at all the opportunities we have to create solutions, this could possibly be one," Shelton replied.

Del. Willett said he expects to see one or more bills introduced to expand VDH's enforcement options with hospitals.

He said they would be something similar to the legislation passed this year related to fines for nursing homes.

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