Agencies | Governor
Virginia Regulatory Town Hall

Proposed Text

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Action:
Amend Regulation after Enactment of Chapters 712 and 772 of the ...
Stage: Fast-Track
6/27/22  1:10 PM
 
12VAC5-410-110 Bed capacity

A. Each license issued by the commissioner shall specify the maximum allowable number of beds, excluding temporary beds added pursuant to subsection C of this section. The number of beds allowed shall be determined by the OLC and shall so appear on the license issued by the OLC.

B. Request for licensed bed increase or decrease shall be made in writing to the OLC. No increase will be granted without an approved Certificate of Public Need, except as provided in subsection C of this section.

C. Provided that a hospital complies with subsections D, E, G, and H of this section, Hospitals a hospital shall be exempt from the requirement to obtain a Certificate of Public Need or a license to add temporary beds, including beds located in a temporary structure or satellite location operated by a hospital:

1. for a period of no more than 30 days, when If the commissioner has determined that a natural disaster or man-made disaster has caused the evacuation of a hospital or nursing home and that a public health emergency exists due to a shortage of hospital or nursing home beds.; or

2. If the board has entered an emergency order pursuant to § 32.1-13 of the Code of Virginia or if the commissioner has entered an emergency order pursuant to §§ 32.1-13 and 32.1-20 of the Code of Virginia for the purpose of suppressing:

a. A nuisance dangerous to public health;

b. A communicable, contagious, or infectious disease; or

c. Other danger to the public life and health.

D. A hospital may request temporary beds by filing a Request for Temporary Beds, OLC-1009-F (eff. 06/22), with the OLC that includes:

1. The hospital’s name;

2. The hospital’s license number;

3. The hospital chief executive officer’s or his designee’s name;

4. The hospital chief executive officer’s or his designee’s telephone number;

5. The hospital chief executive officer’s or his designee’s email address;

6. The number and type of temporary beds the hospital anticipates adding;

7. The planned use of the temporary beds;

8. The plans for staffing the temporary beds;

9. The efforts undertaken or to be undertaken to reduce or eliminate the number of temporary beds needed;

10. The address of the building, temporary structure, or satellite location where the hospital intends to locate the temporary beds;

11. The specific locations within the building, temporary structure, or satellite location where the hospital intends to locate the temporary beds;

12. Whether the locations identified in subdivision D 11 of this section meet life safety code requirements for the type of patients expected to occupy those temporary beds;

13. If life safety code requirements are not currently met for the locations identified in subdivision D 11 of this section, what action the hospital will take to meet life safety code requirements; and

14. Any other information that the board or commissioner may request.

E. The hospital shall provide additional information as may be requested or required by the commissioner to evaluate the temporary bed request.

F. The commissioner shall notify the hospital in writing of the commissioner's decision on the temporary bed request. If granted, the commissioner may attach conditions to the approval that, in the sole judgment of the commissioner, protects the public’s or patients’ health, safety, or welfare.

G. The hospital may not add temporary beds unless its request has been granted and may not operate temporary beds more than 30 days after the expiration of:

1. The commissioner’s determination pursuant to subdivision C 1 of this section; or

2. The board’s or the commissioner’s emergency order pursuant to subdivision C 2 of this section.

H. The hospital shall notify the OLC in writing within 24 hours of opening a temporary bed and within 24 hours of closing a temporary bed.

I. The OLC shall promptly inform the Department of Medical Assistance Services and the Centers for Medicare and Medicaid Services of the identity of any hospital certified as a Medicare provider or Medicaid provider or both that fails to comply with subsection G of this section.

J. The commissioner may rescind or modify the approval of a temporary bed request if:

1. Additional information becomes known that alters the basis for the original approval, including if the hospital added temporary beds prior to receiving the approval; or

2. The hospital fails to meet any conditions attached to the approval.

12VAC5-410-9998 FORMS (12VAC5-410)

Request for Temporary Beds, OLC-1009-F (eff. 06/22).