CHAPTER 40
REGULATIONS FOR DESIGNATING REGIONAL HEALTH PLANNING AGENCIES (REPEALED)

Part I
General Information

Article 1
Definitions

12VAC20-40-10. Definitions. (Repealed.)

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Commissioner" means the State Health Commissioner.

"Department" means the Virginia Department of Health.

"Planning Board" means the Virginia Health Planning Board.

"Region" means an area of the Commonwealth designated by the Planning Board as a health planning region.

"Regional agency" means a regional health planning agency, including the regional board, its staff, and any component thereof, designated by the Planning Board pursuant to § 32.1-122.01 et seq. of the Code of Virginia to perform health planning activities within a region.

"Regional board" means the governing body of a regional agency.

"State Health Plan" means the State Health Plan as defined in § 32.1-122.01 of the Code of Virginia; its contents include, but are not limited to, analysis of priority health issues, policies, needs, and methodologies for assessing statewide health care needs.

Article 2
Background and Authority

12VAC20-40-20. Background. (Repealed.)

The Planning Board was created in 1989 to supervise and provide leadership for the statewide health planning system; to provide technical expertise in the development of state health policy; to receive data and information from the regional agencies and consider regional planning interests in its deliberations; to review and assess critical health care issues; and to make recommendations to the Secretary of Health and Human Resources of the Commonwealth of Virginia, the Governor, and the General Assembly concerning health policy, legislation, and resource allocation. The department provides principal staff and administrative support services to the Planning Board.

12VAC20-40-30. Authority. (Repealed.)

In addition to its general duties and responsibilities, the Planning Board is required by § 32.1-122.02 C of the Code of Virginia to promulgate such regulations as may be necessary to effectuate the purposes of Article 4.1 (§ 32.1-122.01 et seq.) of Chapter 4 of Title 32.1 of the Code of Virginia including, but not limited to, the designation of regional agencies.

Part II
Required Characteristics of the Regional Agencies

Article 1
General

12VAC20-40-40. Corporate structure. (Repealed.)

Each regional agency shall be a Virginia not-for-profit corporation and shall maintain exemption from federal tax liability as provided for in § 501(c)(3) of the Internal Revenue Code.

12VAC20-40-50. Limited purpose. (Repealed.)

Each regional agency shall function only for the purpose of effectuating § 32.1-122.05 D of the Code of Virginia.

Article 2
Administration

12VAC20-40-60. Governance. (Repealed.)

Each regional agency shall be governed by a regional board that meets the requirements of such boards as set forth in regulations of the Planning Board. Each regional agency shall keep the Planning Board informed of the name, address, consumer or provider status, interest group represented (if applicable), and date of term expiration of each current member of its regional board.

12VAC20-40-70. Staff. (Repealed.)

Each regional agency shall employ, on a full-time basis, a chief executive officer whose background includes appropriate education, training and experience, and shall in general maintain staff expertise in the gathering of, objective analysis of, and effective communication of information pertinent to health system planning. No person shall at the same time be an employee of a regional agency and a member of its regional board.

12VAC20-40-80. Location. (Repealed.)

Each regional agency shall operate from one or more offices located within its designated region.

Part III
Designation of Regional Agencies

Article 1
Initial Regional Agencies

12VAC20-40-90. Transitional regional agencies. (Repealed.)

Regional health planning agencies in existence as of July 1, 1989, shall be retained as transitional regional agencies until July 1, 1990, or until a regional agency for that region is designated by the Planning Board, whichever occurs first.

Article 2
Evaluation and Designation

12VAC20-40-100. Applications for designation. (Repealed.)

Upon its determination that a regional agency needs or will soon need to be designated for any region, the Planning Board, through publication of a notice in the Virginia Register, shall solicit applications for designation as the regional agency for that region. Applicants shall be required to submit to the department, within 30 days of such notice, written information from which the Planning Board may judge the applicants' ability and willingness to comply with this chapter and, through execution of a formal agreement with the commissioner, to undertake the following on behalf of the Planning Board: (i) conducting data collection, research, and analyses as required by the Planning Board, including assistance to the Planning Board in developing and revising the State Health Plan; (ii) preparing reports and studies in consultation and cooperation with the Planning Board; (iii) reviewing and commenting on the components of the State Health Plan; (iv) conducting needs assessments as appropriate and serving as a technical resource to the Planning Board; (v) identifying gaps in services, inappropriate use of services or resources, and assessing accessibility of critical services; (vi) reviewing applications for certificates of public need and making recommendations to the department thereon, as provided for in § 32.1-102.6 of the Code of Virginia; and (vii) conducting such other functions as directed by their respective regional boards.

The information submitted shall include at least: (i) documentation of the applicant's existing or proposed compliance with Articles 1 and 2 of Part II of this chapter, including a description of each existing health planning and executive staff member's qualifications and a description of the minimum qualifications for each vacant health planning and executive position; (ii) a general plan for the applicant's relative commitment of financial and human resources among the functions specified in the preceding paragraph; and (iii) examples of planning documents previously developed by the applicant.

12VAC20-40-110. Certification required. (Repealed.)

The following statement, signed by an authorized agent of the applicant, shall accompany the application.

"I understand that this application for designation may result in the awarding of a public contract to the applicant and, by my signature below, I certify that this application is made without prior understanding, agreement, or connection with any other corporation, firm, or person submitting an application for such designation and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of the Virginia Governmental Frauds Act (§ 18.2-498.1 et seq. of the Code of Virginia) and federal law, and can result in fines, prison sentences, and civil damage awards. I certify and warrant that neither I nor the applicant has offered or received any kickback from any other applicant, supplier, manufacturer, or subcontractor in connection with this application (a kickback is defined as an inducement for the award of a contract, subcontracts, or order, in the form of any payment, loan, subscription, advance, deposit of money, services, or anything of value, present or promised, unless consideration of substantially equal or greater value is exchanged). I understand that no person shall demand or receive any payment, loan, subscription, advance, deposit of money, services, or anything of value in return for an agreement not to compete on a public contract. I agree to abide by all conditions of this application and certify that I am authorized to sign this application for the applicant."

12VAC20-40-120. Review and action. (Repealed.)

The department shall perform a preliminary review of each application and shall notify each applicant of any further information required to allow for a fair and accurate evaluation by the Planning Board, and shall allow at least 10 days for such information to be submitted as an amendment of or addendum to the application. The department may make such reasonable investigations as deemed proper and necessary to determine and advise the Planning Board of the ability of the applicant to serve as a regional agency, and reserves the right to inspect the applicant's physical plant prior to action by the Planning Board.

Each applicant shall be required to have a representative come before the Planning Board to discuss the application and respond to pertinent inquiries. Based upon its evaluation of all competing applications, the Planning Board shall render and, through publication of a notice in the Virginia Register, announce its decision. Following the transitional period that ends July 1, 1990, in the event that no regional agency has been designated to serve a given area, or at any time upon the Planning Board's revocation of a regional agency's designation, the department shall provide within the limitations of its resources the services described in items (i) through (vi) within § 32.1-122.05 D of the Code of Virginia on behalf of that area for a period of 180 days during which time the Planning Board shall solicit and act upon applications for designation in accordance with this chapter. This period may be extended or the procedure may be repeated as the Planning Board in its discretion deems necessary.

Article 3
Terminating Designations

12VAC20-40-130. Request of designated regional agency. (Repealed.)

In the event a designated regional agency no longer wishes to serve in that capacity, its regional board shall so notify the Planning Board in writing at least 60 days prior to the anticipated date of termination. The Planning Board shall then solicit, review, and act upon applications for designation of a new regional agency for that region following the provisions of 12VAC20-40-100 through 12VAC20-40-120 of this chapter.

12VAC20-40-140. Request of Planning Board. (Repealed.)

In the event the Planning Board determines that a designated regional agency is not in compliance with applicable laws or regulations, it shall so notify that agency and its regional board and shall invite the submission, within a period of at least 30 days from notification, of relevant information such as a plan to correct specified deficiencies. Should the Planning Board decide to revoke the designation after consideration of the submitted information, it shall so notify the agency and its regional board of that decision at least 30 days in advance of the date of revocation. Such decision may be appealed as provided for in 12VAC20-40-150 of this chapter.

Article 4
Appeals

12VAC20-40-150. Appeals. (Repealed.)

The decisions of the Planning Board with respect to the designation of regional agencies may be appealed pursuant to the Administrative Process Act (§ 9-6.14:1 et seq. of the Code of Virginia).