{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-102.11.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-102.11.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-102.11.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-102.11.html"}],"law_id":55098,"edition_id":1,"section_id":55098,"structure_id":14008,"section_number":"32.1-102.11","catch_line":"Application of article","history":"1982, c. 388; 1986, c. 615; 1992, c. 612; 2020, c. 1271.","full_text":"A\n\nEvery project of an existing or proposed medical care facility described in subsection A of § 32.1-102.1:3 shall be subject to all provisions of this article unless, with respect to such project, the owner or operator of an existing medical care facility or the developer of a proposed medical care facility (i) has, by February 1, 1992, purchased or leased equipment subject to registration pursuant to former § 32.1-102.3:4, (ii) has, by February 1, 1992, initiated construction requiring a capital expenditure exceeding one million dollars, or (iii) has made or contracted to make or otherwise legally obligated to make, during the three years ending February 1, 1992, preliminary expenditures of $350,000 or more for a formal plan of construction of the specific project, including expenditures for site acquisition, designs, preliminary or working drawings, construction documents, or other items essential to the construction of the specific project.\n\t\t\tAny project exempted pursuant to subdivisions (ii) and (iii) of this subsection shall be limited to such construction, services, and equipment as specifically identified in the formal plan of construction which shall have existed and been formally committed to by February 1, 1992. Further, the equipment to be exempted pursuant to subdivisions (ii) and (iii) shall be limited to the number of units and any types of medical equipment, in the case of medical equipment intended to provide any services included in subdivision B 6 of § 32.1-102.1:3, as are specifically identified in such plan and, in the case of all other equipment, such equipment as is appropriate for the construction and services included in such plan.\n\t\t\tNone of the exemptions provided in this subsection shall be applicable to projects which required a certificate of public need pursuant to this article on January 1, 1992.B\n\nAny medical care facility or entity claiming to meet one of the conditions set forth in subsection A of this section shall file a completed application for an exemption from the provisions of this article with the Commissioner by August 1, 1992. Forms for such application shall be made available by the Commissioner no later than April 1, 1992. The Commissioner may deny an exemption if the application is not complete on August 1, 1992, and the medical care facility or entity has not filed a completed application within forty-five days after notice of deficiency in the filing of the completed application. After receiving a completed application, the Commissioner shall determine whether the project has met one of the criteria for an exemption and is, therefore, exempt or has not met any of the criteria for an exemption and is, therefore, subject to all provisions of this article and shall notify the medical care facility or entity of his determination within sixty days of the date of filing of the completed application. If it is determined that an exemption exists for only a portion of a project, the Commissioner may approve an exemption for that portion and any appeal may be limited to the part of the decision with which the appellant disagrees without affecting the remainder of the decision. The Commissioner’s determination shall be made in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.), except that parties to the case shall include only those parties specified in § 32.1-102.6.C\n\nFor the purposes of this section:\n\t\t\t“Formal plan of construction” means documentary evidence indicating that the facility, the owner or operator of the facility, or the developer of a proposed facility was formally committed to the project by February 1, 1992, and describing the specific project in sufficient detail to reasonably define and confirm the scope of the project including estimated cost, intended location, any clinical health services to be involved and any types of equipment to be purchased. Such documentary evidence shall include designs, preliminary or working drawings, construction documents or other documents which have been used to explicitly define and confirm the scope of the project for the purposes of seeking architectural or construction plans or capital to the extent that such capital was committed or agreed to be provided for such project prior to February 1, 1992.\n\t\t\t“Initiated construction” means an owner or operator of an existing facility or the developer of a proposed facility can present evidence for a specific project that (i) a construction contract has been executed; (ii) if applicable, short-term financing has been completed; (iii) if applicable, a commitment for long-term financing has been obtained; and (iv) if the project is for construction of a new facility or expansion of an existing facility, predevelopment site work and building foundations have been completed.\n\t\t\t“Leased” means that the owner or operator of an existing medical care facility or the developer of a proposed facility has a legally binding commitment to lease the equipment pursuant to an agreement providing for fixed, periodic payments commencing no later than June 30, 1992, including a lease-purchase agreement in which the owner or operator of the facility or developer has an option to purchase the equipment for less than fair market value upon conclusion of the lease or an installment sale agreement with fixed periodic payments commencing no later than June 30, 1992.\n\t\t\t“Purchased” means that the equipment has been acquired by the owner or operator of an existing medical care facility or the developer of a proposed medical care facility, or the owner or operator of the facility or the developer can present evidence of a legal obligation to acquire the equipment in the form of an executed contract or appropriately signed order or requisition and payment has been made in full by June 30, 1992.","order_by":null,"text":{"0":{"id":202051,"text":"Every project of an existing or proposed medical care facility described in subsection A of § 32.1-102.1:3 shall be subject to all provisions of this article unless, with respect to such project, the owner or operator of an existing medical care facility or the developer of a proposed medical care facility (i) has, by February 1, 1992, purchased or leased equipment subject to registration pursuant to former § 32.1-102.3:4, (ii) has, by February 1, 1992, initiated construction requiring a capital expenditure exceeding one million dollars, or (iii) has made or contracted to make or otherwise legally obligated to make, during the three years ending February 1, 1992, preliminary expenditures of $350,000 or more for a formal plan of construction of the specific project, including expenditures for site acquisition, designs, preliminary or working drawings, construction documents, or other items essential to the construction of the specific project.\n\t\t\tAny project exempted pursuant to subdivisions (ii) and (iii) of this subsection shall be limited to such construction, services, and equipment as specifically identified in the formal plan of construction which shall have existed and been formally committed to by February 1, 1992. Further, the equipment to be exempted pursuant to subdivisions (ii) and (iii) shall be limited to the number of units and any types of medical equipment, in the case of medical equipment intended to provide any services included in subdivision B 6 of § 32.1-102.1:3, as are specifically identified in such plan and, in the case of all other equipment, such equipment as is appropriate for the construction and services included in such plan.\n\t\t\tNone of the exemptions provided in this subsection shall be applicable to projects which required a certificate of public need pursuant to this article on January 1, 1992.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":202052,"text":"Any medical care facility or entity claiming to meet one of the conditions set forth in subsection A of this section shall file a completed application for an exemption from the provisions of this article with the Commissioner by August 1, 1992. Forms for such application shall be made available by the Commissioner no later than April 1, 1992. The Commissioner may deny an exemption if the application is not complete on August 1, 1992, and the medical care facility or entity has not filed a completed application within forty-five days after notice of deficiency in the filing of the completed application. After receiving a completed application, the Commissioner shall determine whether the project has met one of the criteria for an exemption and is, therefore, exempt or has not met any of the criteria for an exemption and is, therefore, subject to all provisions of this article and shall notify the medical care facility or entity of his determination within sixty days of the date of filing of the completed application. If it is determined that an exemption exists for only a portion of a project, the Commissioner may approve an exemption for that portion and any appeal may be limited to the part of the decision with which the appellant disagrees without affecting the remainder of the decision. The Commissioner’s determination shall be made in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.), except that parties to the case shall include only those parties specified in § 32.1-102.6.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":202053,"text":"For the purposes of this section:\n\t\t\t“Formal plan of construction” means documentary evidence indicating that the facility, the owner or operator of the facility, or the developer of a proposed facility was formally committed to the project by February 1, 1992, and describing the specific project in sufficient detail to reasonably define and confirm the scope of the project including estimated cost, intended location, any clinical health services to be involved and any types of equipment to be purchased. Such documentary evidence shall include designs, preliminary or working drawings, construction documents or other documents which have been used to explicitly define and confirm the scope of the project for the purposes of seeking architectural or construction plans or capital to the extent that such capital was committed or agreed to be provided for such project prior to February 1, 1992.\n\t\t\t“Initiated construction” means an owner or operator of an existing facility or the developer of a proposed facility can present evidence for a specific project that (i) a construction contract has been executed; (ii) if applicable, short-term financing has been completed; (iii) if applicable, a commitment for long-term financing has been obtained; and (iv) if the project is for construction of a new facility or expansion of an existing facility, predevelopment site work and building foundations have been completed.\n\t\t\t“Leased” means that the owner or operator of an existing medical care facility or the developer of a proposed facility has a legally binding commitment to lease the equipment pursuant to an agreement providing for fixed, periodic payments commencing no later than June 30, 1992, including a lease-purchase agreement in which the owner or operator of the facility or developer has an option to purchase the equipment for less than fair market value upon conclusion of the lease or an installment sale agreement with fixed periodic payments commencing no later than June 30, 1992.\n\t\t\t“Purchased” means that the equipment has been acquired by the owner or operator of an existing medical care facility or the developer of a proposed medical care facility, or the owner or operator of the facility or the developer can present evidence of a legal obligation to acquire the equipment in the form of an executed contract or appropriately signed order or requisition and payment has been made in full by June 30, 1992.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14008,"edition_id":1,"name":"Medical Care Facilities Certificate of Public Need","identifier":"1.1","label":"article","depth":3,"order_by":1,"parent_id":13670,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":202397,"object_type":"structure","relational_id":14008,"identifier":"1.1","token":"32.1\/4\/1.1","url":"\/32.1\/4\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13670,"edition_id":1,"name":"Health Care Planning","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":202389,"object_type":"structure","relational_id":13670,"identifier":"4","token":"32.1\/4","url":"\/32.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77111,"structure_id":14008,"section_number":"32.1-102.1","catch_line":"Definitions","url":"\/32.1-102.1\/","token":"32.1\/4\/1.1\/32.1-102.1","metadata":false},{"id":75479,"structure_id":14008,"section_number":"32.1-102.10","catch_line":"Commencing project without certificate or registration grounds for refusing to issue license","url":"\/32.1-102.10\/","token":"32.1\/4\/1.1\/32.1-102.10","metadata":false},{"id":55098,"structure_id":14008,"section_number":"32.1-102.11","catch_line":"Application of article","url":"\/32.1-102.11\/","token":"32.1\/4\/1.1\/32.1-102.11","metadata":false},{"id":63051,"structure_id":14008,"section_number":"32.1-102.12","catch_line":"Repealed","url":"\/32.1-102.12\/","token":"32.1\/4\/1.1\/32.1-102.12","metadata":false},{"id":77991,"structure_id":14008,"section_number":"32.1-102.13","catch_line":"Repealed","url":"\/32.1-102.13\/","token":"32.1\/4\/1.1\/32.1-102.13","metadata":false},{"id":86983,"structure_id":14008,"section_number":"32.1-102.1:1","catch_line":"Equipment registration required","url":"\/32.1-102.1_1\/","token":"32.1\/4\/1.1\/32.1-102.1_1","metadata":false},{"id":69151,"structure_id":14008,"section_number":"32.1-102.1:2","catch_line":"Certificate of public need required; registration of certain equipment and capital projects required","url":"\/32.1-102.1_2\/","token":"32.1\/4\/1.1\/32.1-102.1_2","metadata":false},{"id":63394,"structure_id":14008,"section_number":"32.1-102.1:3","catch_line":"(Effective July 1, 2028) Medical care facilities and projects for which a certificate is required","url":"\/32.1-102.1_3\/","token":"32.1\/4\/1.1\/32.1-102.1_3","metadata":false},{"id":85729,"structure_id":14008,"section_number":"32.1-102.2","catch_line":"Regulations","url":"\/32.1-102.2\/","token":"32.1\/4\/1.1\/32.1-102.2","metadata":false},{"id":63638,"structure_id":14008,"section_number":"32.1-102.2:1","catch_line":"State Health Services Plan; Task Force","url":"\/32.1-102.2_1\/","token":"32.1\/4\/1.1\/32.1-102.2_1","metadata":false},{"id":59668,"structure_id":14008,"section_number":"32.1-102.3","catch_line":"Demonstration of public need required; criteria for determining need","url":"\/32.1-102.3\/","token":"32.1\/4\/1.1\/32.1-102.3","metadata":false},{"id":73618,"structure_id":14008,"section_number":"32.1-102.3:1","catch_line":"Application for certificate not required of certain nursing facilities or nursing homes","url":"\/32.1-102.3_1\/","token":"32.1\/4\/1.1\/32.1-102.3_1","metadata":false},{"id":74212,"structure_id":14008,"section_number":"32.1-102.3:1.1","catch_line":"Continuing care retirement communities accessing medical assistance","url":"\/32.1-102.3_1.1\/","token":"32.1\/4\/1.1\/32.1-102.3_1.1","metadata":false},{"id":81863,"structure_id":14008,"section_number":"32.1-102.3:2","catch_line":"Certificates of public need; applications to be filed in response to Requests for Applications (RFAs)","url":"\/32.1-102.3_2\/","token":"32.1\/4\/1.1\/32.1-102.3_2","metadata":false},{"id":72268,"structure_id":14008,"section_number":"32.1-102.3:2.1","catch_line":"Repealed","url":"\/32.1-102.3_2.1\/","token":"32.1\/4\/1.1\/32.1-102.3_2.1","metadata":false},{"id":70992,"structure_id":14008,"section_number":"32.1-102.3:2.2","catch_line":"Expired","url":"\/32.1-102.3_2.2\/","token":"32.1\/4\/1.1\/32.1-102.3_2.2","metadata":false},{"id":81767,"structure_id":14008,"section_number":"32.1-102.3:3","catch_line":"Repealed","url":"\/32.1-102.3_3\/","token":"32.1\/4\/1.1\/32.1-102.3_3","metadata":false},{"id":85570,"structure_id":14008,"section_number":"32.1-102.3:5","catch_line":"Repealed","url":"\/32.1-102.3_5\/","token":"32.1\/4\/1.1\/32.1-102.3_5","metadata":false},{"id":58921,"structure_id":14008,"section_number":"32.1-102.3:7","catch_line":"Application for transfer of nursing facility beds","url":"\/32.1-102.3_7\/","token":"32.1\/4\/1.1\/32.1-102.3_7","metadata":false},{"id":87198,"structure_id":14008,"section_number":"32.1-102.3:8","catch_line":"Application for an open admission period for a continuing care retirement community","url":"\/32.1-102.3_8\/","token":"32.1\/4\/1.1\/32.1-102.3_8","metadata":false},{"id":84648,"structure_id":14008,"section_number":"32.1-102.4","catch_line":"Conditions of certificates; monitoring; revocation of certificates; civil penalties","url":"\/32.1-102.4\/","token":"32.1\/4\/1.1\/32.1-102.4","metadata":false},{"id":70069,"structure_id":14008,"section_number":"32.1-102.5","catch_line":"Certificate not transferable","url":"\/32.1-102.5\/","token":"32.1\/4\/1.1\/32.1-102.5","metadata":false},{"id":59090,"structure_id":14008,"section_number":"32.1-102.6","catch_line":"Administrative procedures","url":"\/32.1-102.6\/","token":"32.1\/4\/1.1\/32.1-102.6","metadata":false},{"id":73958,"structure_id":14008,"section_number":"32.1-102.6:1","catch_line":"Revocation of a certificate","url":"\/32.1-102.6_1\/","token":"32.1\/4\/1.1\/32.1-102.6_1","metadata":false},{"id":62746,"structure_id":14008,"section_number":"32.1-102.7","catch_line":"Repealed","url":"\/32.1-102.7\/","token":"32.1\/4\/1.1\/32.1-102.7","metadata":false},{"id":64703,"structure_id":14008,"section_number":"32.1-102.8","catch_line":"Enjoining project undertaken without certificate or registration","url":"\/32.1-102.8\/","token":"32.1\/4\/1.1\/32.1-102.8","metadata":false},{"id":64968,"structure_id":14008,"section_number":"32.1-102.9","catch_line":"Designation of judge","url":"\/32.1-102.9\/","token":"32.1\/4\/1.1\/32.1-102.9","metadata":false}],"previous_section":{"id":75479,"structure_id":14008,"section_number":"32.1-102.10","catch_line":"Commencing project without certificate or registration grounds for refusing to issue license","url":"\/32.1-102.10\/","token":"32.1\/4\/1.1\/32.1-102.10","metadata":false},"next_section":{"id":63051,"structure_id":14008,"section_number":"32.1-102.12","catch_line":"Repealed","url":"\/32.1-102.12\/","token":"32.1\/4\/1.1\/32.1-102.12","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-102.11\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 388 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 615; in 1992, chapter 612; in 2020, chapter 1271<\/a>.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":63394,"section_number":"32.1-102.1:3","catch_line":"(Effective July 1, 2028) Medical care facilities and projects for which a certificate is required","order_by":null,"url":"\/32.1-102.1_3\/"}],"permalink":{"id":202407,"object_type":"law","relational_id":55098,"identifier":"32.1-102.11","token":"32.1\/4\/1.1\/32.1-102.11","url":"\/32.1-102.11\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-102.11\/","token":"32.1\/4\/1.1\/32.1-102.11","dublin_core":{"Title":"Application of article","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-102.11","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every project<\/span> of an existing or proposed medical care facility<\/span> described in subsection A of § 32.1-102.1:3<\/a> shall be subject to all provisions of this article unless, with respect to such project<\/span>, the owner or operator of an existing medical care facility<\/span> or the developer of a proposed medical care facility<\/span> (i) has, by February 1, 1992, purchased<\/span> or leased<\/span> equipment subject to registration pursuant to former § 32.1-102.3:4, (ii) has, by February 1, 1992, initiated construction<\/span> requiring a capital expenditure exceeding one million dollars, or (iii) has made or contracted to make or otherwise legally obligated to make, during the three years ending February 1, 1992, preliminary expenditures of $350,000 or more for a formal plan of construction<\/span> of the specific project<\/span>, including expenditures for site acquisition, designs, preliminary or working drawings, construction documents, or other items essential to the construction of the specific project<\/span>.\n\t\t\tAny project<\/span> exempted pursuant to subdivisions (ii) and (iii) of this subsection shall be limited to such construction, services, and equipment as specifically identified in the formal plan of construction<\/span> which shall have existed and been formally committed to by February 1, 1992. Further, the equipment to be exempted pursuant to subdivisions (ii) and (iii) shall be limited to the number of units and any types of medical equipment, in the case of medical equipment intended to provide any services included in subdivision B 6 of § 32.1-102.1:3<\/a>, as are specifically identified in such plan and, in the case of all other equipment, such equipment as is appropriate for the construction and services included in such plan.\n\t\t\tNone of the exemptions provided in this subsection shall be applicable to projects<\/span> which required a certificate<\/span> of public need pursuant to this article on January 1, 1992. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any medical care facility<\/span> or entity claiming to meet one of the conditions set forth in subsection A of this section shall file a completed application<\/span> for an exemption from the provisions of this article with the Commissioner<\/span> by August 1, 1992. Forms for such application<\/span> shall be made available by the Commissioner<\/span> no later than April 1, 1992. The Commissioner<\/span> may deny an exemption if the application<\/span> is not complete on August 1, 1992, and the medical care facility<\/span> or entity has not filed a completed application<\/span> within forty-five days after notice of deficiency in the filing of the completed application<\/span>. After receiving a completed application<\/span>, the Commissioner<\/span> shall determine whether the project<\/span> has met one of the criteria for an exemption and is, therefore, exempt or has not met any of the criteria for an exemption and is, therefore, subject to all provisions of this article and shall notify the medical care facility<\/span> or entity of his determination within sixty days of the date of filing of the completed application<\/span>. If it is determined that an exemption exists for only a portion of a project<\/span>, the Commissioner<\/span> may approve an exemption for that portion and any appeal<\/span> may be limited to the part of the decision with which the appellant<\/span> disagrees without affecting the remainder of the decision. The Commissioner<\/span>’s determination shall be made in accordance with the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.), except that parties to the case shall include only those parties specified in § 32.1-102.6<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purposes of this section:\n\t\t\t“Formal plan of construction<\/span>” means documentary evidence<\/span> indicating that the facility, the owner or operator of the facility, or the developer of a proposed facility was formally committed to the project<\/span> by February 1, 1992, and describing the specific project<\/span> in sufficient detail to reasonably define and confirm the scope of the project<\/span> including estimated cost, intended location, any clinical health services<\/span> to be involved and any types of equipment to be purchased<\/span>. Such documentary evidence<\/span> shall include designs, preliminary or working drawings, construction documents or other documents which have been used to explicitly define and confirm the scope of the project<\/span> for the purposes of seeking architectural or construction plans or capital to the extent that such capital was committed or agreed to be provided for such project<\/span> prior to February 1, 1992.\n\t\t\t“Initiated construction<\/span>” means an owner or operator of an existing facility or the developer of a proposed facility can present evidence<\/span> for a specific project<\/span> that (i) a construction contract<\/span> has been executed; (ii) if applicable, short-term financing has been completed; (iii) if applicable, a commitment for long-term financing has been obtained; and (iv) if the project<\/span> is for construction of a new facility or expansion of an existing facility, predevelopment site work and building foundations have been completed.\n\t\t\t“Leased<\/span>” means that the owner or operator of an existing medical care facility<\/span> or the developer of a proposed facility has a legally binding commitment to lease the equipment pursuant to an agreement providing for fixed, periodic payments commencing no later than June 30, 1992, including a lease-purchase agreement in which the owner or operator of the facility or developer has an option to purchase the equipment for less than fair market value upon conclusion of the lease or an installment sale agreement with fixed periodic payments commencing no later than June 30, 1992.\n\t\t\t“Purchased<\/span>” means that the equipment has been acquired by the owner or operator of an existing medical care facility<\/span> or the developer of a proposed medical care facility<\/span>, or the owner or operator of the facility or the developer can present evidence<\/span> of a legal obligation to acquire the equipment in the form of an executed contract<\/span> or appropriately signed order<\/span> or requisition and payment has been made in full by June 30, 1992. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICATION OF ARTICLE (\u00a7 32.1-102.11)\n\nA. Every project of an existing or proposed medical care facility described in\nsubsection A of § 32.1-102.1:3 shall be subject to all provisions of this\narticle unless, with respect to such project, the owner or operator of an\nexisting medical care facility or the developer of a proposed medical care\nfacility (i) has, by February 1, 1992, purchased or leased equipment subject to\nregistration pursuant to former § 32.1-102.3:4, (ii) has, by February 1,\n1992, initiated construction requiring a capital expenditure exceeding one\nmillion dollars, or (iii) has made or contracted to make or otherwise legally\nobligated to make, during the three years ending February 1, 1992, preliminary\nexpenditures of $350,000 or more for a formal plan of construction of the\nspecific project, including expenditures for site acquisition, designs,\npreliminary or working drawings, construction documents, or other items\nessential to the construction of the specific project.\n\t\t\tAny project exempted pursuant to subdivisions (ii) and (iii) of this\nsubsection shall be limited to such construction, services, and equipment as\nspecifically identified in the formal plan of construction which shall have\nexisted and been formally committed to by February 1, 1992. Further, the\nequipment to be exempted pursuant to subdivisions (ii) and (iii) shall be\nlimited to the number of units and any types of medical equipment, in the case\nof medical equipment intended to provide any services included in subdivision B\n6 of § 32.1-102.1:3, as are specifically identified in such plan and, in\nthe case of all other equipment, such equipment as is appropriate for the\nconstruction and services included in such plan.\n\t\t\tNone of the exemptions provided in this subsection shall be applicable to\nprojects which required a certificate of public need pursuant to this article on\nJanuary 1, 1992.\n\nB. Any medical care facility or entity claiming to meet one of the conditions\nset forth in subsection A of this section shall file a completed application for\nan exemption from the provisions of this article with the Commissioner by August\n1, 1992. Forms for such application shall be made available by the Commissioner\nno later than April 1, 1992. The Commissioner may deny an exemption if the\napplication is not complete on August 1, 1992, and the medical care facility or\nentity has not filed a completed application within forty-five days after notice\nof deficiency in the filing of the completed application. After receiving a\ncompleted application, the Commissioner shall determine whether the project has\nmet one of the criteria for an exemption and is, therefore, exempt or has not\nmet any of the criteria for an exemption and is, therefore, subject to all\nprovisions of this article and shall notify the medical care facility or entity\nof his determination within sixty days of the date of filing of the completed\napplication. If it is determined that an exemption exists for only a portion of\na project, the Commissioner may approve an exemption for that portion and any\nappeal may be limited to the part of the decision with which the appellant\ndisagrees without affecting the remainder of the decision. The\nCommissioner’s determination shall be made in accordance with the\nprovisions of the Administrative Process Act (§ 2.2-4000 et seq.), except\nthat parties to the case shall include only those parties specified in §\n32.1-102.6.\n\nC. For the purposes of this section:\n\t\t\t“Formal plan of construction” means documentary evidence\nindicating that the facility, the owner or operator of the facility, or the\ndeveloper of a proposed facility was formally committed to the project by\nFebruary 1, 1992, and describing the specific project in sufficient detail to\nreasonably define and confirm the scope of the project including estimated cost,\nintended location, any clinical health services to be involved and any types of\nequipment to be purchased. Such documentary evidence shall include designs,\npreliminary or working drawings, construction documents or other documents which\nhave been used to explicitly define and confirm the scope of the project for the\npurposes of seeking architectural or construction plans or capital to the extent\nthat such capital was committed or agreed to be provided for such project prior\nto February 1, 1992.\n\t\t\t“Initiated construction” means an owner or operator of an\nexisting facility or the developer of a proposed facility can present evidence\nfor a specific project that (i) a construction contract has been executed; (ii)\nif applicable, short-term financing has been completed; (iii) if applicable, a\ncommitment for long-term financing has been obtained; and (iv) if the project is\nfor construction of a new facility or expansion of an existing facility,\npredevelopment site work and building foundations have been completed.\n\t\t\t“Leased” means that the owner or operator of an existing medical\ncare facility or the developer of a proposed facility has a legally binding\ncommitment to lease the equipment pursuant to an agreement providing for fixed,\nperiodic payments commencing no later than June 30, 1992, including a\nlease-purchase agreement in which the owner or operator of the facility or\ndeveloper has an option to purchase the equipment for less than fair market\nvalue upon conclusion of the lease or an installment sale agreement with fixed\nperiodic payments commencing no later than June 30, 1992.\n\t\t\t“Purchased” means that the equipment has been acquired by the\nowner or operator of an existing medical care facility or the developer of a\nproposed medical care facility, or the owner or operator of the facility or the\ndeveloper can present evidence of a legal obligation to acquire the equipment in\nthe form of an executed contract or appropriately signed order or requisition\nand payment has been made in full by June 30, 1992.\n\nHISTORY: 1982, c. 388; 1986, c. 615; 1992, c. 612; 2020, c. 1271.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}