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2008 SESSION
084831588Be it enacted by the General Assembly of Virginia:
1. § 1. That, notwithstanding the provisions of §
32.1-102.3:2 of the Code of Virginia, any regulations of the Board of Health,
or provisions of any current Request For Applications, the State Health
Commissioner [ shall may ] issue a Request For
Applications for 120 new nursing home or nursing facility beds in Planning
District 3 when the Division of Certificate of Public Need of the Department of
Health has determined, in its "Nursing Home Facility Beds and Utilization
- Facility Fiscal Years Ending in 2006" analysis, that at least one
nursing facility in Planning District 3 is licensed for 120 beds but operated
no Medicaid-certified beds in 2006.
The Commissioner [ shall authorize and
may ] accept applications for such 120 nursing home or nursing facility
beds and may issue a certificate of public need for an increase of such 120 new
beds in which nursing facility or extended care services are to be provided to
establish a new facility in Planning District 3. The Commissioner shall [ give
preference in issuing consider ] any certificate of public
need for the 120 beds to an applicant that proposes to establish a new nursing
facility located within three miles of the boundary of the county seat or
within the county seat of the county adjacent to the city or county in which is
sited any facility in Planning District 3 determined by the Division of
Certificate of Public Need, in [ it's its ] "Nursing
Home Facility Beds and Utilization - Facility Fiscal Years Ending in 2006"
analysis, to be licensed for 120 beds but that operated no Medicaid-certified
beds in 2006.