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]
Guidance Documents
Chapter Information
Description Regulations to govern the process of determining the public need for medical facilities and services that various providers propose.
State Authority 32.1-102.2
Federal Authority None entered
Exempt from APA No, changes to this chapter are subject to the Administrative Process Act.
Text of Regulation Link to Virginia Administrative Code
Goals of Regulation (i) Whether the regulations continue to serve the purpose of determining the public need for medical facilities and services that various providers propose; and

(ii) Whether research and observation continue to indicate that the market forces that would tend to rationalize capital spedning by providers remain weak, thereby necessitating the existence of a public need determination to protect the market and public expenditures. (Note: The General Assembly frequently amends the statutory provisions granting authority for these regulations; changes in the authority may complicate efforts to review the regulations.)
Meetings See all meetings (1) relating to this chapter.

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: Erik.Bodin@vdh.virginia.gov
Telephone: (804)367-1889    FAX: ()-    TDD: ()-
Current Actions
Action Title Latest Stage Status
Promulgation of Fee Schedule Fast-Track DPB Fast-Track authorization in progress.
Amend Regulation after Enactment of Chapters 712 and 772 of the 2022 Acts of Assembly Fast-Track Secretary of Health and Human Resources review in progress.
Amend Regulation after Enactment of Chapter 1271 of the 2020 Acts of Assembly -

Past Actions
Action Title Latest Stage Status
Amend Regulations to Conform to Chapters 136, 343 and 839 of the 2019 Acts of Assembly
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 08/23/2019.
Amend sections related to miscellaneous capital expenditures Fast-Track Stage complete. This regulation became effective on 02/03/2014.
CH 0220 COPN repeal section 500 Veteran's Care
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 11/23/2011.
CH 0220 update of COPN miscellaneous expenditure threshholds
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 09/01/2011.
Mandated Nondiscretionary COPN Updates - 12 VAC 5-220-110 and -200
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 09/30/2010.
Exempt Action to Increase Capital Expenditure Minimum
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 11/01/2009.
Exempt Action to Amend the COPN Rules in Line with HB 1598
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 11/01/2009.
Exempt Action to Insert 21st Statutory Consideration into the Regulations
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 10/15/2008.
Exempt Action to comply with HB 2546 (2007) on Capital Expenditure Projects (for 2008)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 10/15/2008.
Amendments due to changes in statute
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 02/04/2008.
Amend due to emergency provision of 1999 law Final Stage complete. This regulation became effective on 02/03/2003.

Withdrawn Actions
Action Title Latest Stage Status
Amend Regulations related to Miscellaneous Capital Expenditures Pursuant to HB2546 of 2007
Action is Exempt from Article 2 of the Administrative Process Act
Fast-Track Stage withdrawn on 12/27/2012 prior to submitting for AG review.

Periodic Reviews
Last Activity Status
2/13/2017 Filed Pending
1/28/2013 Agency Completed Retain As Is
4/7/2008 Agency Completed Retain As Is