Virginia Regulatory Town Hall
Agency
Virginia Department of Health
Board
State Board of Health
chapter
Virginia Medical Care Facilities Certificate of Public Need Rules and Regulations [12 VAC 5 ‑ 220]
Action is Exempt from Article 2 of the Administrative Process Act
Action:
Amend Regulations to Conform to Chapters 114, 135, and 325 of the 2025 Acts of Assembly
Action 6839
 
General Information
Action Summary Chapters 114 and 135 of the 2025 Acts of Assembly allows Critical Access Hospitals (CAHs) to use up to 10 of their beds as swing beds, calculated as an average over the CAH’s fiscal year. If the fiscal year annual average swing bed occupancy exceeds 10 beds, the CAH must reduce the average occupancy to 10 beds or less in the following fiscal year. Any CAH that fails to reduce the average swing bed occupancy to 10 or less in the second fiscal year will no longer be allowed to calculate the 10-bed occupancy average on an annual basis and must calculate the 10-bed average on a daily basis until the 10-bed average has been met for two consecutive fiscal years. Chapter 325 of the 2025 Acts of Assembly requires the Board of Health to promulgate regulations to allow the Commissioner to condition a Certificate of Public Need (COPN) for psychiatric services on the acceptance of Temporary Detention Orders by that facility (TDOs).
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and will be reviewed by the Governor's Office.
RIS Project Yes  [8329]
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
10899 Final Stage complete. This regulation became effective on 11/19/2025.
 
Contact Information
Name / Title: Val Hornsby  / Policy Analyst
Address: 9960 Mayland Dr.
Henrico, VA 23233
Email Address: val.hornsby@vdh.virginia.gov
Phone: (804)875-1089    FAX: ()-    TDD: ()-