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
 
12VAC5-220-100 Requirements for reviewable medical care facility projects; exceptions

A. Prior to initiating a reviewable medical care facility project the owner or sponsor shall obtain a certificate of public need from the commissioner, except as provided in subsection B of this section. In the case of an acquisition of an existing medical care facility, the notification requirement set forth in 12VAC5-220-120 shall be met.

B. Provided that an existing hospital or nursing home complies with subsection C, D, and F of this section, Projects a project involving a temporary increase in the total number of beds in an existing hospital or nursing home shall be exempt from the requirement for a certificate,:

1. for a period of no more than 30 days, if 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.

C. An existing hospital or nursing home may request a temporary increase in its total number of beds by filing a Request for Temporary Beds, OLC-1009-F (eff. 06/22), with the department that includes:

1. The name of the hospital or nursing home;

2. The license number of the hospital or nursing home;

3. The name of the nursing home’s administrator, the hospital’s chief executive officer, or his designee;

4. The telephone number of the nursing home’s administrator, the hospital’s chief executive officer, or his designee;

5. The email address of the nursing home’s administrator, the hospital’s chief executive officer, or his designee;

6. The number and type of temporary beds the hospital or nursing home 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 or nursing home intends to locate the temporary beds;

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

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

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

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

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

E. The commissioner shall notify the hospital or nursing home 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, patients’, or residents’ health, safety, or welfare.

F. The hospital or nursing home 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 B 1 of this section; or

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

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

H. 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 or nursing home added temporary beds prior to receiving the approval; or

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

12VAC5-220-9998 FORMS (12VAC5-220)

Application for Expedited Review for Certificate of Public Need (eff. 6/94).

Registration Form for Capital Expenditures of $1,000,000 or More But Less than $2,000,000 Which are Not Defined as a Project on or After July 1, 1993.

Request for Extension of a Certificate of Public Need Beyond Two Years from Date of Issuance.

Request for Extension of a Certificate of Public Need Beyond One Year, But Less then Two Years from Date of Issuance (Rev. 7/26/93).

Application for a Medical Care Facilities Certificate of Public Need - Outpatient Facilities (Rev. 12/10/92).

Application for a Medical Care Facilities Certificate of Public Need - Hospitals (Rev. 12/10/92).

Application for a Medical Care Facilities Certificate of Public Need - Long-Term Care Facilities (Rev. 10/2007).

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