SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2020 SESSION
SB 764 Certificate of public need; revises the Medical Care Facilities Certificate of Public Need Program.
Introduced by: George L. Barker | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
Certificate of public need. Revises the Medical Care Facilities Certificate of Public Need Program. The bill (i) removes from the list of reviewable medical care facilities specialized centers or clinics or that portion of a physician's office developed for the provision of lithotripsy, magnetic source imaging, or nuclear medicine imaging; (ii) removes from the definition of project introduction into an existing medical care facility of any new lithotripsy, magnetic source imaging, or obstetrical service that the facility has never provided or has not provided in the previous 12 months and the addition by an existing medical care facility of any medical equipment for the provision of lithotripsy and magnetic source imaging; (iii) creates a new process for registration of projects exempted from the definition of project by the bill; (iv) renames the State Medical Facilities Plan as the State Health Services Plan and establishes a State Health Services Plan task force to provide recommendations related to the content of the State Health Services Plan; (v) clarifies the content of the application for a certificate; (vi) reduces the timeline for a person to be made party to the case for good cause from 80 calendar days to four days following completion of the review and submission of recommendations related to an application; (vii) requires the Commissioner of Health to condition issuance of a certificate upon the agreement of the applicant to provide care to individuals who are eligible for benefits under Title XVIII of the Social Security Act (42 U.S.C. § 1395 et seq.), Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.), and 10 U.S.C. § 1071 et seq. and permits the Commissioner to condition the issuance of a certificate on the agreement of the applicant to provide specialty medical services in addition to existing options for conditioning certificates; (viii) requires every certificate holder to develop a financial assistance policy that includes specific eligibility criteria and procedures for applying for charity care, which shall be provided to a patient at the time of admission or discharge or at the time services are provided, included with any billing statements sent to uninsured patients, posted conspicuously in public areas of the medical care facility for which the certificate was issued and posted on a website maintained by the certificate holder; (ix) eliminates the requirement that a person willfully fail, refuse, or neglect to comply with a plan of correction to be subject to a civil penalty so that any failure, refusal, or neglecting to comply with a plan of correction may subject the person to a civil penalty; and (x) provides that the Commissioner may consider any changes in the circumstances of the certificate holder resulting from changes in the financing or delivery of health care services, including changes to the Commonwealth's program of medical assistance services, and any other specific circumstances of the certificate holder when determining whether conditions imposed on a certificate continue to be appropriate. The bill also (a) directs the Department of Health to develop recommendations to reduce the duration of the average review cycle for applications for certificates of public need to not more than 120 days and to report on its recommendations to the Governor and the General Assembly no later than December 1, 2020, (b) directs the Secretary of Health and Human Resources to implement a system to ensure that data needed to evaluate whether an application for a certificate is consistent with the State Health Services Plan and is timely and reliable by January 1, 2023; and (c) directs the Secretary of Health and Human Resources to make an inventory of capacity authorized by certificates of public need, both operational and not yet operational, available in a digital format online and to establish a public education and outreach program designed to improve public awareness of the certificate of public need process and the public's role in such process by January 1, 2021.
FULL TEXT
- 01/08/20 Senate: Prefiled and ordered printed; offered 01/08/20 20103707D pdf | impact statement
- 02/11/20 Senate: Printed as engrossed 20103707D-E pdf | impact statement
- 02/18/20 House: Committee substitute printed 20108477D-H1 pdf | impact statement
- 03/04/20 Senate: Bill text as passed Senate and House (SB764ER) pdf | impact statement
- 04/22/20 Senate: Reenrolled bill text (SB764ER2) pdf
- 04/22/20 Governor: Acts of Assembly Chapter text (CHAP1271) pdf
AMENDMENTS
- House committee, floor amendments and substitutes offered
- Senate amendments
- Governor's recommendation
HISTORY
- 01/08/20 Senate: Prefiled and ordered printed; offered 01/08/20 20103707D
- 01/08/20 Senate: Referred to Committee on Education and Health
- 01/27/20 Senate: Assigned Education sub: Certificate of Public Need
- 02/06/20 Senate: Reported from Education and Health with amendments (9-Y 6-N)
- 02/06/20 Senate: Rereferred to Finance and Appropriations
- 02/06/20 Senate: Reported from Finance and Appropriations with amendment (16-Y 0-N)
- 02/10/20 Senate: Constitutional reading dispensed (36-Y 0-N)
- 02/11/20 Senate: Read second time
- 02/11/20 Senate: Reading of amendments waived
- 02/11/20 Senate: Committee amendments agreed to
- 02/11/20 Senate: Reading of amendment waived
- 02/11/20 Senate: Committee amendment agreed to
- 02/11/20 Senate: Engrossed by Senate as amended SB764E
- 02/11/20 Senate: Printed as engrossed 20103707D-E
- 02/11/20 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/11/20 Senate: Passed Senate (20-Y 19-N)
- 02/14/20 House: Placed on Calendar
- 02/14/20 House: Read first time
- 02/14/20 House: Referred to Committee on Health, Welfare and Institutions
- 02/18/20 House: Reported from Health, Welfare and Institutions with substitute (22-Y 0-N)
- 02/18/20 House: Committee substitute printed 20108477D-H1
- 02/20/20 House: Read second time
- 02/21/20 House: Read third time
- 02/21/20 House: Committee substitute agreed to 20108477D-H1
- 02/21/20 House: Engrossed by House - committee substitute SB764H1
- 02/21/20 House: Passed House with substitute BLOCK VOTE (98-Y 0-N)
- 02/21/20 House: VOTE: Block Vote Passage (98-Y 0-N)
- 02/25/20 Senate: Passed by for the day
- 02/26/20 Senate: Passed by temporarily
- 02/26/20 Senate: House substitute rejected by Senate (7-Y 33-N)
- 02/26/20 House: House receded from substitute (84-Y 3-N)
- 02/26/20 House: VOTE: Agree To (84-Y 3-N)
- 03/04/20 Senate: Enrolled
- 03/04/20 Senate: Bill text as passed Senate and House (SB764ER)
- 03/05/20 Senate: Signed by President
- 03/06/20 House: Signed by Speaker
- 03/12/20 Senate: Enrolled Bill Communicated to Governor on March 12, 2020
- 03/12/20 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
- 04/11/20 Senate: Governor's recommendation received by Senate
- 04/22/20 Senate: Senate concurred in Governor's recommendation (25-Y 15-N)
- 04/22/20 House: House concurred in Governor's recommendation (86-Y 7-N)
- 04/22/20 House: VOTE: (86-Y 7-N)
- 04/22/20 Governor: Governor's recommendation adopted
- 04/22/20 Senate: Reenrolled
- 04/22/20 Senate: Reenrolled bill text (SB764ER2)
- 04/22/20 Senate: Signed by President as reenrolled
- 04/22/20 House: Signed by Speaker as reenrolled
- 04/22/20 House: Enacted, Chapter 1271 (effective 7/1/20)
- 04/22/20 Governor: Acts of Assembly Chapter text (CHAP1271)