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 VII - New Nursing Home Bed Review Process › Section 12VAC5-220-420 - Action on an application

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Commission'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 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				  relevant to a rural locality's needs, inaccurate, outdated, inadequate or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.
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 agreements
					 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 a 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
				  12VAC5-220-385 B unless an
				  authorization is given by the 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.