RICHMOND, Va. — Internal emails revealed the state was not enforcing a law requiring nursing homes to carry a certain amount of liability insurance, which also comes with an aggressive penalty when facilities fail to comply. One nursing home abuse attorney said noncompliance with the regulations could leave harmed patients and family members without proper recourse.
"It's a very serious issue," said Peter Anderson of Rawls Law Group. "A lot of these victims have suffered severe and catastrophic injuries, including amputations, pressure ulcers, up to death."
But Anderson, who represents plaintiffs in these kinds of cases and also served on former Governor Glenn Youngkin's nursing home advisory board, said he's come across situations in which the providers are underinsured.
"Unfortunately, it's very common, and as a nursing home abuse attorney, I'm not sure why it's that common, because the law is very clear that these facilities are supposed to be insured up to the damage cap," Anderson said.
Under Virginia law, nursing homes must carry at least $1 million in non-eroding general liability coverage per occurrence and $2.7 million in professional liability coverage per occurrence. General liability covers things like slips and falls whereas professional liability covers malpractice.
Each facility must present proof of adequate insurance every year during the licensure renewal process. The Code of Virginia says failure to comply "shall" result in license revocation.
But according to a December 2025 email that CBS 6 obtained through a public records request, a supervisor in the Virginia Department of Health's (VDH) Office of Licensure and Certification (OLC) said, "we are not enforcing this requirement." The email said this would leave OLC "vulnerable to scrutiny and therefore further criticism."
"It's shocking, and it's sad, because the agency is there to regulate nursing facilities, and if they know that there's a problem and the law is clear, they should take action," Anderson said in reaction to the lacking enforcement. "If nursing homes are allowed to skirt Virginia law and not be insured up to the damage cap without consequence, this could mean that many, many victims of nursing home abuse and negligence and people who have even died cannot receive justice and compensation for what they've been through."
In her email, the supervisor also hoped a news reporter wouldn't find out about the issue.
"Do we re-review all of the applications for liability coverage and revoke licenses accordingly that have insufficient coverage? Or do we take a chance that our probing reporter won't get the scent on this, while we appear ignorant of the codes that we are supposed to be enforcing?" the email said.
In an interview with CBS 6, OLC Director April Dovel, who took over the role only a month before the 2026 licensure renewal process was completed, disagreed with the characterization that the office was "ignorant" of the regulations it was supposed to enforce.
"This is definitely something that VDH takes very seriously, and this has always been a priority for us. This is a very complex issue," Dovel said. "And so one of the things that I would say- That no, we've definitely taken a look at making sure that there was liability coverage, but I do think that there was some confusion about the non-eroding portion of our regulation."
A VDH spokesperson said the "broader issue regarding clarity and consistency in insurance coverage review" was brought up as a "longstanding concern." After it was brought to the new leadership's attention, a plan was developed to "strengthen internal processes and reinforce expectations with supervisory staff."
Those measures included a review to identify "documentation gaps," communicating insurance requirements to the industry, and allowing providers a 30-day grace period to come into compliance. From there, VDH said it would take the appropriate enforcement actions if necessary.
Dovel said moving forward, her team will ensure continued compliance with insurance requirements during onsite inspections of nursing homes.
“I think that it could probably be perceived by some individuals that maybe we didn't have a pulse on what our regulatory requirement was. However, I don't think that was the case here," Dovel said. "Where we really needed to hone in as a team is to make sure that we understand the nuances of the regulation, and I think that we have done that.”
VDH said one of the facilities verified not to have the minimum liability coverage during the licensure renewal process was Princess Anne Health and Rehabilitation Center in Virginia Beach. The nursing home was terminated from the Medicare and Medicaid programs in August 2025 and continues to operate under a consent agreement with the state.
The December email suggested insurance noncompliance could be the facility's "final nail in the coffin."
After CBS 6 inquired about the facility's coverage, a Princess Anne spokesperson said an updated copy of its insurance certificate was provided to VDH. VDH confirmed the new policy met the minimum standard. The state approved a new license for the nursing home in March 2026, but the consent agreement remains in effect.
The Virginia Health Care Association, which represents the nursing home industry, said in a statement it has "participated in stakeholder discussions and provided outreach and education" to help its members understand the requirements.
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