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1999 SESSION
995234120Be it enacted by the General Assembly of Virginia:
1. § 1. Certain medical care facilities certificate of public need.
Notwithstanding the provisions of § 32.1-102.3:2, the Commissioner shall accept an application for and may approve or authorize the issuance of a certificate of public need for a project resulting in an increase in the number of nursing facility beds in Planning District 4 for a nursing facility project when (i) the applicant inquired, in 1998, about applying for a certificate through the Request for Applications procedure established in § 32.1-102.3:2 and was denied this opportunity because of the perceived sufficiency of the nursing facility beds in Planning District 4; (ii) the facility is located in a 363-square-mile rural county having a population greater than 16,278 and less than 17,320 residents, as shown by the federal census next preceding the date of the application; (iii) the rural county in which the facility is located has the oldest population per capita in Planning District 4; (iv) the residents of such rural county are subjected to severe geographic barriers to access and availability of care because of the mountainous terrain and difficult road conditions; (v) the facility currently has sixty licensed nursing facility beds and was originally constructed with common areas to accommodate 120 nursing facility beds; and (vi) the total number of new beds to be added by construction does not exceed sixty skilled and specialty beds and no additional common areas are requested.