{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-102.3_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-102.3_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-102.3_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-102.3_1.html"}],"law_id":73618,"edition_id":1,"section_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","history":"1982, c. 659; 1993, cc. 957, 993; 2008, c. 857; 2009, c. 175; 2011, c. 155.","full_text":"An application for a certificate that there exists a public need for a proposed project shall not be required for nursing facilities or nursing homes affiliated with facilities which, on January 1, 1982, and thereafter, meet all of the following criteria:\n\n1\n\nA facility which is operated as a nonprofit institution.2\n\nA facility which is licensed jointly by the Department as a nursing facility or nursing home and by the Department of Social Services as an assisted living facility.3\n\nA facility which observes the following restrictions on admissions:\n\t\t\ta. Admissions are only allowed pursuant to the terms of a “life care contract” guaranteeing that the full complement of services offered by the facility is available to the resident as and when needed;\n\t\t\tb. Admissions to the assisted living facility unit are restricted to individuals defined as ambulatory by the Department of Social Services;\n\t\t\tc. Admissions to the nursing facility or nursing home unit are restricted to those individuals who are residents of the assisted living facility unit.","order_by":null,"text":{"0":{"id":264777,"text":"An application for a certificate that there exists a public need for a proposed project shall not be required for nursing facilities or nursing homes affiliated with facilities which, on January 1, 1982, and thereafter, meet all of the following criteria:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":264778,"text":"A facility which is operated as a nonprofit institution.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":264779,"text":"A facility which is licensed jointly by the Department as a nursing facility or nursing home and by the Department of Social Services as an assisted living facility.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":264780,"text":"A facility which observes the following restrictions on admissions:\n\t\t\ta. Admissions are only allowed pursuant to the terms of a “life care contract” guaranteeing that the full complement of services offered by the facility is available to the resident as and when needed;\n\t\t\tb. Admissions to the assisted living facility unit are restricted to individuals defined as ambulatory by the Department of Social Services;\n\t\t\tc. Admissions to the nursing facility or nursing home unit are restricted to those individuals who are residents of the assisted living facility unit.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-102.3:1\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 659 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 4 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 1993, chapters 957 and 993; in 2008, chapter 857<\/a>; in 2009, chapter 175<\/a>; in 2011, chapter 155<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":202443,"object_type":"law","relational_id":73618,"identifier":"32.1-102.3:1","token":"32.1\/4\/1.1\/32.1-102.3_1","url":"\/32.1-102.3_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-102.3_1\/","token":"32.1\/4\/1.1\/32.1-102.3_1","dublin_core":{"Title":"Application for certificate not required of certain nursing facilities or nursing homes","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-102.3:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

An application<\/span> for a certificate<\/span> that there exists a public need for a proposed project<\/span> shall not be required for nursing facilities or nursing homes affiliated with facilities which, on January 1, 1982, and thereafter, meet all of the following criteria:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A facility which is operated as a nonprofit institution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A facility which is licensed jointly by the Department<\/span> as a nursing facility or nursing home and by the Department<\/span> of Social Services as an assisted living facility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A facility which observes the following restrictions on admissions:\n\t\t\ta. Admissions are only allowed pursuant to the terms of a “life care contract<\/span>” guaranteeing that the full complement of services offered by the facility is available to the resident as and when needed;\n\t\t\tb. Admissions to the assisted living facility unit are restricted to individuals defined as ambulatory by the Department<\/span> of Social Services;\n\t\t\tc. Admissions to the nursing facility or nursing home unit are restricted to those individuals who are residents of the assisted living facility unit. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICATION FOR CERTIFICATE NOT REQUIRED OF CERTAIN NURSING FACILITIES OR\nNURSING HOMES (\u00a7 32.1-102.3:1)\n\nAn application for a certificate that there exists a public need for a proposed\nproject shall not be required for nursing facilities or nursing homes affiliated\nwith facilities which, on January 1, 1982, and thereafter, meet all of the\nfollowing criteria:\n\n1. A facility which is operated as a nonprofit institution.\n\n2. A facility which is licensed jointly by the Department as a nursing facility\nor nursing home and by the Department of Social Services as an assisted living\nfacility.\n\n3. A facility which observes the following restrictions on admissions:\n\t\t\ta. Admissions are only allowed pursuant to the terms of a “life care\ncontract” guaranteeing that the full complement of services offered by the\nfacility is available to the resident as and when needed;\n\t\t\tb. Admissions to the assisted living facility unit are restricted to\nindividuals defined as ambulatory by the Department of Social Services;\n\t\t\tc. Admissions to the nursing facility or nursing home unit are restricted to\nthose individuals who are residents of the assisted living facility unit.\n\nHISTORY: 1982, c. 659; 1993, cc. 957, 993; 2008, c. 857; 2009, c. 175; 2011, c.\n155.","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}}