Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 220 - VIRGINIA MEDICAL CARE FACILITIES CERTIFICATE OF PUBLIC NEED RULES AND REGULATIONS › Part V - Standard Review Process › Section 12VAC5-220-270 - Action on an application

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Commissioner's responsibility. Decisions as to approval or disapproval of
				  applications or a portion thereof for certificates of public need shall be
				  rendered by the commissioner. Any decision to issue or approve the issuance of
				  a certificate shall be consistent with the most recent applicable provisions of
				  the State Medical Facilities Plan. However, if the commissioner finds, upon
				  presentation of appropriate evidence, that the provisions of either such plan
				  are not relevant to a rural locality's needs, inaccurate, outdated, inadequate
				  or otherwise inapplicable, the commissioner, consistent with such finding, may
				  issue or approve the issuance of a certificate and shall initiate procedures to
				  make appropriate amendments to such plan.
Conditions of approval. The commissioner may condition the
					 approval of an application for a project (i) on the agreement by the applicant
					 to provide an acceptable level of care at a reduced rate to indigents, or (ii)
					 on the agreement of the applicant to provide care to persons with special
					 needs, or (iii) upon the agreement of the applicant to facilitate the
					 development and operation of primary medical care services in designated
					 medically underserved areas of the applicant's service area. The terms of such
					 agreements shall be specified in writing prior to the commissioner's decision
					 to approve a project. Any person willfully refusing, failing or neglecting to
					 honor such agreement shall be subject to a civil penalty of $100 per violation
					 per day from the date of receipt from the department of written notice of
					 noncompliance until the date of compliance. Upon information and belief that a
					 person has failed to honor such agreement in accordance with this provision,
					 the department shall notify the person in writing and 15 days shall be provided
					 for response in writing including a plan for immediate correction. In the
					 absence of an adequate response or necessary compliance or both, a judicial
					 action shall be initiated in accordance with the provisions of § 32.1-27
					 of the Code of Virginia.
B.
				  Notification process-extension of review time. The commissioner shall make a
				  final determination on an application for a certificate of public need and
				  provide written notification detailing the reasons for such determination to
				  the applicant with a copy to the regional health planning agency within the
				  time frames specified in
				  12VAC5-220-230 B unless
				  authorization is given by the applicant or applicants to extend the time
				  period. Such written notification shall also reference the factors and bases
				  considered in making a decision on the application and, if applicable, the
				  remedies available for appeal of such decision and the progress reporting
				  requirements. The commissioner may approve a portion of a project provided the
				  portion to be approved is agreed to by the applicant following consultation,
				  which may be subject to the ex parte provision of this chapter, between the
				  commissioner and the applicant.
Statutory Authority
§§ 32.1-12 and 32.1-102.2 of the Code of
						Virginia.