HB689: Certificate of public need; exception for certain medical care equipment and services.

HOUSE BILL NO. 689

Offered January 13, 2016
Prefiled January 11, 2016
A BILL to amend the Code of Virginia by adding a section numbered 32.1-102.3:1.2, relating to certificate of public need; exception for certain equipment and services.
Patron-- Peace

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 32.1-102.3:1.2 as follows:

§ 32.1-102.3:1.2. Application for certificate not required for certain services or equipment.

A. A certificate of public need shall not be required for (i) the introduction into a medical care facility of any new imaging service, including computed tomographic (CT) scanning, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, or nuclear medicine imaging service, or (ii) the addition by a medical care facility of any medical equipment for the provision of imaging services, including computed tomographic (CT) scanning, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, or nuclear medicine imaging, if:

1. The medical care facility has obtained accreditation from the appropriate accrediting body for the provision of computed tomographic (CT) scanning, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, or nuclear medicine imaging;

2. The medical care facility adheres to the American College of Radiology Appropriateness Criteria or other evidence-based national standards to discourage overutilization of computed tomographic (CT) scanning, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, or nuclear medicine imaging;

3. All equipment used for imaging services, including computed tomographic (CT) scanning, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, or nuclear medicine imaging meets current industry technology standards as determined by the Commissioner; and

4. The medical care facility agrees to provide imaging services, including computed tomographic (CT) scanning, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, or nuclear medicine imaging, to indigent individuals in an amount that equals the average amount of imaging services, including computed tomographic (CT) scanning, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, or nuclear medicine imaging, provided to indigent individuals in accordance with the requirements of conditions on certificates of public need imposed pursuant to § 32.1-102.4 in the previous year in the health planning region in which the physician's office is located.

B. Within 30 calendar days of becoming contractually obligated to acquire medical equipment for the provision of computed tomographic (CT) scanning, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, or nuclear medicine imaging, the person who becomes so contractually obligated shall register such acquisition with the Commissioner.