I am writing on behalf of HCA Virginia regarding the proposed amendments to 12VAC5-230-10 and 12VAC5-230-420 of the State Medical Facilities Plan (“SMFP”) published in the January 8, 2018 Virginia Register of Regulations.

HCA Virginia asks that the Virginia Department of Health (“VDH”) make clear that the final regulations would only be used prospectively for purposes of making decisions on future certificate of public need (“COPN”) applications to introduce cardiac catheterization services submitted after the effective date of the final regulations, and that the final regulations would not be used retrospectively to limit the operations of cardiac catheterization providers authorized to provide cardiac catheterization services prior to the effective date of the final regulations. 

The SMFP is not intended for, and has not historically been used for, oversight of health care providers’ operations.  Instead, the SMFP is intended for, and has historically been used for, evaluation of “projects,” as defined in the COPN law.  “Project” includes introduction of cardiac catheterization services and the addition of medical equipment for the provision of cardiac catheterization, and VDH has previously determined that, unless already-approved cardiac catheterization providers increase their number of cardiac catheterization laboratories or otherwise trigger the definition of “project,” SMFP language does not limit how COPN-approved cardiac catheterization providers can use their approved cardiac catheterization laboratories.  See, e.g., November 15, 2002 letter from Erik O. Bodin, III, Director, DCOPN, to Jeffrey L. Deal, Director, Planning and Marketing, Martha Jefferson Hospital (provided today by e-mail to Ms. Winstead).

Thank you for considering these comments.  Please contact me if you have questions about these comments.         

Thomas J. Stallings
Partner
McGuireWoods LLP
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
T:   +1 804 775 1007
M: +1 804 241 1784
F:   +1 804 698 2182
tstallings@mcguirewoods.com
Bio | VCard | www.mcguirewoods.com