Virginia HB 1188: Certificate of public need program; phased elimination.

Bill Text

2024SESSION
INTRODUCED
24100383D
1 HOUSEBILLNO.1188
2 OfferedJanuary10,2024
3 PrefiledJanuary10,2024
4 A BILL to amend and reenact §§ 2.2-4006, 15.2-5386, 23.1-2412, 32.1-3, 32.1-23.5, 32.1-102.1:1,
5 32.1-102.1:3, 32.1-122.05, 32.1-122.10:001, 32.1-125.3, 32.1-126.1, 32.1-126.3, 32.1-162.1,
6 32.1-276.5, 54.1-2400.6, and 54.1-2937.1 of the Code of Virginia and to repeal Article 1.1
7 (§§ 32.1-102.1 through 32.1-102.11) of Chapter 4 of Title 32.1 of the Code of Virginia, relating to
8 certificate of public need program; phased elimination.
9 ––––––––––
Patron––Scott,P.A.
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11 ReferredtoCommitteeonHealthandHumanServices
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13 Be it enacted by the General Assembly of Virginia:
14 1. That §§32.1-3 and 32.1-102.1:3 of the Code of Virginia are amended and reenacted as follows:
15 §32.1-3. Definitions.
16 As used in this title unless the context requires otherwise or it is otherwise provided:
17 "Board" or "State Board" means the State Board of Health.
18 "Commissioner" means the State Health Commissioner.
19 "Department" means the State Department of Health.
20 "Medical care facility" means any institution, place, building, or agency, whether or not licensed or
21 required to be licensed by the Board or the Department of Behavioral Health and Developmental
22 Services, whether operated for profit or nonprofit, and whether privately owned or privately operated or
23 owned or operated by a local governmental unit, (i) by or in which health services are furnished,
24 conducted, operated, or offered for the prevention, diagnosis, or treatment of human disease, pain,
25 injury, deformity, or physical condition, whether medical or surgical, of two or more nonrelated persons
26 who are injured or physically sick or have mental illness, or for the care of two or more nonrelated
27 persons requiring or receiving medical, surgical, nursing, acute, chronic, convalescent, or long-term care
28 services, or services for individuals with disabilities, or (ii) which is the recipient of reimbursements
29 from third-party health insurance programs or prepaid medical service plans.
30 The term "medical care facility" does not include any facility of (a) the Department of Behavioral
31 Health and Developmental Services; (b) any nonhospital substance abuse residential treatment program
32 operated by or contracted primarily for the use of a community services board under the Department of
33 Behavioral Health and Developmental Services' Comprehensive State Plan; (c) an intermediate care
34 facility for individuals with intellectual disability (ICF/IID) that has no more than 12 beds and is in an
35 area identified as in need of residential services for individuals with intellectual disability in any plan of
36 the Department of Behavioral Health and Developmental Services; (d) a physician's office, except that
37 portion of a physician's office described in subdivision A 6 2 of § 32.1-102.1:3; (e) the Wilson
38 Workforce and Rehabilitation Center of the Department for Aging and Rehabilitative Services; (f) the
39 Department of Corrections; or (g) the Department of Veterans Services.
40 "Person" means an individual, corporation, partnership, or association or any other legal entity.
41 §32.1-102.1:3. Medical care facilities and projects for which a certificate is required.
42 A. The following medical care facilities shall be subject to the provisions of this article:
43 1. Any facility licensed as a hospital, as defined in §32.1-123;
44 2. Any hospital licensed as a provider by the Department of Behavioral Health and Developmental
45 Services in accordance with Article 2 (§37.2-403 et seq.) of Chapter 4 of Title 37.2;
46 3. Any facility licensed as a nursing home, as defined in §32.1-123;
47 4. Any intermediate care facility established primarily for the medical, psychiatric, or psychological
48 treatment and rehabilitation of individuals with substance abuse licensed by the Department of
49 Behavioral Health and Developmental Services in accordance with Article 2 (§ 37.2-403 et seq.) of
50 Chapter 4 of Title 37.2;
51 5. Any intermediate care facility for individuals with developmental disabilities other than an
52 intermediate care facility established for individuals with intellectual disability (ICF/IID) that has not
53 more than 12 beds and is in an area identified as in need of residential services for individuals with
54 intellectual disability in any plan of the Department of Behavioral Health and Developmental Services;
55 and
56 6. 2. Any specialized center or clinic or that portion of a physician's office developed for the
57 provision of outpatient or ambulatory surgery, cardiac catheterization, computed tomographic (CT)
58 scanning, magnetic resonance imaging (MRI), positron emission tomographic (PET) scanning, radiation
INTRODUCED
HB1188
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HB1188 2of14
59 therapy, stereotactic radiotherapy other than radiotherapy performed using a linear accelerator or other
60 medical equipment that u