HB2453: Certificate of public need; addition of nursing facility beds in Planning District 11, etc.


HOUSE BILL NO. 2453
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Education and Health
on February 17, 2011)
(Patron Prior to Substitute--Delegate Garrett)
A BILL to authorize a certain certificate of public need in Planning District 11.

Be 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 Commissioner of Health shall accept applications for, including applications filed prior to the passage of this act, and may issue a certificate of public need authorizing an increase of no more than 50 nursing home beds for the establishment of a new 90-bed nursing home in Planning District 11, provided that (i) any such application to establish a new 90-bed nursing home in Planning District 11 shall also propose the replacement and relocation of all nursing home beds of an existing nursing home located in Planning District 11, licensed as of December 31, 2010, of no more than 45 licensed beds, all of which shall be relocated to the new 90-bed nursing home; (ii) Virginia Health Information shall have reported that the fiscal year 2009 occupancy rate of the nursing home to be replaced was at least 85 percent; and (iii) such new 90-bed nursing home shall be located in the city or county that is adjacent to the city or county of the nursing home that shall be replaced and relocated.

2.  That an emergency exists and this act is in force from its passage.


HOUSE BILL NO. 2453
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Health, Welfare and Institutions
on February 1, 2011)
(Patron Prior to Substitute--Delegate Garrett)
A BILL to require the Commissioner of Health to issue a Request for Applications for, and to authorize the Commissioner to issue a certificate of public need for, the addition of up to 50 nursing facility beds in Planning District 11.

Be 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 issue a Request for Applications for the addition of up to 50 nursing facility beds in Planning District 11 for the establishment of a new 90-bed nursing facility in Planning District 11.

The Commissioner shall accept and review applications, including any application that meets the requirements of the Request for Applications that was submitted to the Department on or after January 1, 2011, and may issue a certificate of public need for the addition of up to 50 new nursing facility beds in Planning District 11 for any facility (i) the application for which also includes a proposal to replace all nursing home beds in an existing nursing home located in Planning District 11, which was licensed on December 31, 2010, for no more than 45 nursing facility beds, (ii) for which the addition of nursing facility beds authorized pursuant to this act, in addition to the relocation of the existing nursing facility beds, is proposed to result in creation of a new facility with a total of no more than 90 nursing facility beds, (iii) for which the nonprofit organization established pursuant to Chapter 7.2 (§ 32.1-276.2 et seq.) of Title 32.1 of the Code of Virginia reported an occupancy rate of at least 85 percent for fiscal year 2009 for the nursing facility to be replaced, and (iv) which shall be located in the city or county that is adjacent to the city or county in which the nursing facility from which 45 beds will be relocated is located.

2.  That an emergency exists and this act is in force from its passage.

HOUSE BILL NO. 2453
Offered January 19, 2011
A BILL to require the Commissioner of Health to issue a Request for Applications for, and to authorize the Commissioner to issue a certificate of public need for, the addition of up to 50 nursing facility beds in Planning District 11.
Patron-- Garrett

Committee Referral Pending

Be 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 issue a Request for Applications for the addition of up to 50 nursing facility beds in Planning District 11.

The Commissioner shall accept and review applications, including any application that meets the requirements of the Request for Applications that was submitted to the Department on or after January 1, 2011, and may issue a certificate of public need for the addition of up to 50 new nursing facility beds in Planning District 11 for any facility (i) the application for which also includes a proposal to replace all nursing home beds in an existing nursing home located in Planning District 11, which was licensed on December 31, 2010, for no more than 45 nursing facility beds, (ii) for which the addition of 50 nursing facility beds, in addition to the relocation of 45 existing nursing facility beds, will result in creation of a new facility with a total of no more than 95 nursing facility beds, (iii) for which the nonprofit organization established pursuant to Chapter 7.2 (§ 32.1-276.2 et seq.) of Title 32.1 of the Code of Virginia reported an occupancy rate of at least 85 percent for fiscal year 2009, and (iv) which shall be located in the city or county that is adjacent to the city or county in which the nursing facility from which 45 beds will be relocated is located.

2.  That an emergency exists and this act is in force from its passage.