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2023 SESSION
23100684DBe it enacted by the General Assembly of Virginia:
1. That § 37.2-415 of the Code of Virginia is amended and reenacted as follows:
§ 37.2-415. Provisional and conditional licenses.
The Commissioner may issue a provisional license at any time
to a provider that has previously been fully licensed when the provider is
temporarily unable to comply with all licensing standards. The maximum term of
a provisional license shall be six months. A provisional license may be renewed
for a period not to exceed six months if the provider is not able to
demonstrate compliance with all licensing regulations but demonstrates progress
towards compliance. However, in no case shall the total period of provisional
licensure exceed 12 successive months. A provisional license shall be
prominently displayed by the provider in a format determined by the
Commissioner at the site of the affected service and shall indicate thereon the
violations of licensing standards to be corrected and the expiration date of the
license. The [ Commissioner Department ] shall [
notify direct ] any provider who is issued a provisional license [
of to review all pertinent state and federal regulations and other contractual
agents with payor sources to determine ] any limitations that may be
placed on such provider by any other agency of the Commonwealth, including
restrictions on reimbursement that may be imposed by the Department of Medical
Assistance Services. Whenever the Commissioner issues a provisional
license, the provisions of the Administrative Process Act (§ 2.2-4000 et seq.)
shall apply. Any person aggrieved by the final decision of the Commissioner to
issue a provisional license shall be entitled to judicial review of such
decision in accordance with the provisions of the Administrative Process Act (§
2.2-4000 et seq.). If the provider waives his right to appeal by signing a
consent agreement, the consent agreement shall [ outline the direct
the provider to review all pertinent state and federal regulations and contractual
agents to determine any ] restrictions on reimbursement that may be
imposed by [ the Department of Medical Assistance Services other state
agencies or payor sources ] , and the Commissioner shall provide a copy
of the consent agreement to the Department of Medical Assistance Services.
The Commissioner may issue a conditional license to a provider to operate a new service in order to permit the provider to demonstrate compliance with all licensing standards. The maximum term of a conditional license shall be six months. A conditional license may be renewed, but in no case, whether renewed or not, shall the total period of conditional licensing be longer than 12 successive months.