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2004 SESSION
046402260Be it enacted by the General Assembly of Virginia:
1. § 1. Amendment of certain certificate of public need authorized.
Notwithstanding the provisions of subdivision 6 of § 32.1-102.3:2 as in effect
on June 30, 1996, the Commissioner of Health may accept and approve a request to amend
the conditions of a certificate of public need issued to a continuing care provider
registered with the State Corporation Commission pursuant to Chapter 49 (§
38.2-4900 et seq.) of Title 38.2 for an increase in beds in which nursing facility
or extended care services are provided to allow such continuing care provider to
continue, until the continuing care contract holders constitute ninety percent
of the occupancy for such facility or July 1, 2004 2008, which ever is the
first to occur, to admit patients, other than continuing care contract holders,
with whom the facility has an agreement with the individual responsible for the patient for
private payment of the costs upon the following conditions being met: (i) the
continuing care community is established for the care of retired military
personnel and their families spouses or widows or widowers and (ii) the
facility's bond requires that the nursing home unit maintain a ninety percent
contract holder occupancy rate is less than the 85 percent occupancy rate
needed to remain financially viable.