Virginia Regulatory Town Hall
Virginia Department of Health
State Board of Health
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
Amend Regulations to Conform to Chapters 136, 343 and 839 of the 2019 Acts of Assembly
Action 5289
General Information
Action Summary Chapters 136 and 343 of the 2019 Acts of Assembly require the Board of Health to promulgate regulations that “establish an exemption from the requirement for a certificate [of public need], for a period of no more than 30 days, for projects involving a temporary increase in the total number of beds in an existing hospital or nursing home when the Commissioner has determined that a natural 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.” Currently, increases in hospital or nursing home bed capacity require review as a project for a certificate of public need. Chapter 839 (2019 Acts of Assembly) requires the Board to promulgate regulations that require every medical care facility subject to the requirements of Certificate of Public Need law whose certificate does not include conditions for charity care but opt to provide charity care to annually report the amount of charity care provided.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: 2.2-4006 A 4 a
RIS Project Yes  [005942]
Associated Mandates Amend COPN regulations to require additional charity care reporting
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
8635 Final Stage complete. This regulation became effective on 08/23/2019.
Contact Information
Name / Title: Erik Bodin  / Division Director-COPN, MCHIP and Coop. Agreement
Address: Virginia Department of Health
9960 Mayland Drive, Suite 401
Richmond, VA 23233
Email Address:
Phone: (804)367-1889    FAX: ()-    TDD: ()-

This person is the primary contact for this chapter.