Bill Text: VA HB534 | 2013 | Regular Session | Prefiled
Bill Title: Certificate of public need; exemption from Request for Applications (RFAs) process.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-11-29 - Left in Health, Welfare and Institutions [HB534 Detail]
Download: Virginia-2013-HB534-Prefiled.html
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12100558D Be it enacted by the General Assembly of Virginia: 1. That §32.1-102.3:2 of the Code of Virginia is amended and reenacted as follows: §32.1-102.3:2. Certificates of public need; applications to be filed in response to Requests For Applications (RFAs); exemption. A. Except for applications for continuing care retirement community nursing home bed projects filed by continuing care providers registered with the State Corporation Commission pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2 which comply with the requirements established in this section, the Commissioner shall approve, authorize or accept applications for the issuance of any certificate of public need pursuant to this article only in response to Requests for Applications (RFAs) for any project which would result in (i) an increase in the number of beds in a planning district in which nursing facility, extended care, psychiatric, or substance abuse treatment services are provided, or (ii) the establishment of new psychiatric or substance abuse treatment services. B. The Board shall adopt regulations establishing standards for the approval and issuance of Requests for Applications by the Commissioner. The standards shall include, but shall not be limited to, a requirement that determinations of need take into account any limitations on access to existing nursing home beds, psychiatric, or substance abuse treatment beds, or psychiatric or substance abuse services in the planning districts. The RFAs, which shall be published at least annually, shall be jointly developed by the Department and (i) in the case of nursing home beds, the Department of Medical Assistance Services, or (ii) in the case of psychiatric or substance abuse treatment beds or services, the Department of Behavioral Health and Developmental Services. RFAs shall be based on analyses of the need, or lack thereof, for increases in the nursing home psychiatric, or substance abuse treatment bed supply or psychiatric or substance abuse treatment services in each of the Commonwealth's planning districts in accordance with standards adopted by the Board by regulation. The Commissioner shall only accept for review applications in response to such RFAs which conform with the geographic and bed need determinations of the specific RFA. Any conversion of psychiatric or substance abuse treatment beds approved pursuant to this section to nonpsychiatric or non-substance abuse treatment inpatient beds shall constitute a project and shall be reviewable pursuant to this article. C. Sixty days prior to the Commissioner's approval and
issuance of any RFA, the Board shall publish the proposed RFA in the Virginia
Register for public comment together with an explanation of (i) the regulatory
basis for the planning district bed needs set forth in the RFA and (ii) the
rationale for the RFA's planning district designations. Any person objecting to
the contents of the proposed RFA may notify, within D. Except for a continuing care retirement community applying
for a certificate of public need pursuant to provisions of subsections A, B,
and C E. The Commissioner may approve an initial certificate of
public need for nursing home beds in a continuing care retirement community not
to exceed the lesser of F. Any continuing care retirement community applicant for a certificate of public need to increase the number of nursing home beds shall authorize the State Corporation Commission to disclose such information to the Commissioner as may be in the State Corporation Commission's possession concerning such continuing care retirement community in order to allow the Commissioner to enforce the provisions of this section. The State Corporation Commission shall provide the Commissioner with the requested information when so authorized. G. For the purposes of this section: "Family member" means spouse, mother, father, son, daughter, brother, sister, aunt, uncle or cousin by blood, marriage or adoption. "One-time, three-year open admission period" means the three years after the initial licensure of nursing home beds during which the continuing care retirement community may take admissions directly into its nursing home beds without the signing of a standard contract. The facility or a related facility on the same campus shall not be granted any open admissions period for any subsequent application or authorization for nursing home beds. "Qualified resident assistance policy" means a procedure, consistently followed by a facility, pursuant to which the facility endeavors to avoid requiring a resident to leave the facility because of inability to pay regular charges and which complies with the requirements of the Internal Revenue Service for maintenance of status as a tax exempt charitable organization under §501(c) (3) of the Internal Revenue Code. This policy shall be (i) generally made known to residents through the resident contract and (ii) supported by reasonable and consistent efforts to promote the availability of funds, either through a special fund, separate foundation or access to other available funds, to assist residents who are unable to pay regular charges in whole or in part. This policy may (i) take into account the sound financial management of the facility, including existing reserves, and the reasonable requirements of lenders and (ii) include requirements that residents seeking such assistance provide all requested financial information and abide by reasonable conditions, including seeking to qualify for other assistance and restrictions on the transfer of assets to third parties. A qualified resident assistance policy shall not constitute the business of insurance as defined in Chapter 1 (§38.2-100 et seq.) of Title 38.2. "Standard contract" means a contract requiring the same entrance fee, terms, and conditions as contracts executed with residents of the non-nursing home portion of the facility, if the entrance fee is no less than the amount defined in §38.2-4900. H. This section shall not be construed to prohibit or prevent a continuing care retirement community from discharging a resident (i) for breach of nonfinancial contract provisions, (ii) if medically appropriate care can no longer be provided to the resident, or (iii) if the resident is a danger to himself or others while in the facility. I. The provisions of subsections D, E, and H J. Notwithstanding the provisions of this section, the Commissioner may, in his discretion, accept and approve applications for a certificate of public need submitted without an RFA having first been issued, on a case-by-case basis. |
