{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-102.3_2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-102.3_2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-102.3_2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-102.3_2.html"}],"law_id":81863,"edition_id":1,"section_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)","history":"1989, c. 517; 1990, cc. 191, 478, 753, 845; 1991, c. 561; 1992, cc. 612, 682; 1993, cc. 347, 474, 540, 564, 704, 762, 957, 993; 1994, cc. 57, 680, 711, 726, 797; 1995, cc. 505, 632, 641, 695, 753; 1996, cc. 531, 849, 901; 1998, c. 794; 2009, c. 175; 2012, c. 492; 2013, cc. 433, 515.","full_text":"A\n\nExcept for applications for continuing care retirement community nursing home bed projects filed by continuing care providers registered with the State Corporation Commission pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2 which comply with the requirements established in this section, the Commissioner shall approve, authorize or accept applications for the issuance of any certificate of public need pursuant to this article only in response to Requests for Applications (RFAs) for any project which would result in an increase in the number of beds in a planning district in which nursing facility or extended care services are provided, except as provided in § 32.1-102.3:7.B\n\nThe Board shall adopt regulations establishing standards for the approval and issuance of Requests for Applications by the Commissioner. The standards shall include, but shall not be limited to, a requirement that determinations of need take into account any limitations on access to existing nursing home beds in the planning districts. The RFAs, which shall be published at least annually, shall be jointly developed by the Department and the Department of Medical Assistance Services. RFAs shall be based on analyses of the need, or lack thereof, for increases in the nursing home bed supply in each of the Commonwealth’s planning districts in accordance with standards adopted by the Board by regulation. The Commissioner shall only accept for review applications in response to such RFAs which conform with the geographic and bed need determinations of the specific RFA.C\n\nSixty days prior to the Commissioner’s approval and issuance of any RFA, the Board shall publish the proposed RFA in the Virginia Register for public comment together with an explanation of (i) the regulatory basis for the planning district bed needs set forth in the RFA and (ii) the rationale for the RFA’s planning district designations. Any person objecting to the contents of the proposed RFA may notify, within 14 days of the publication, the Board and the Commissioner of his objection and the objection’s regulatory basis. The Commissioner shall prepare, and deliver by registered mail, a written response to each such objection within two weeks of the date of receiving the objection. The objector may file a rebuttal to the Commissioner’s response in writing within five days of receiving the Commissioner’s response. If objections are received, the Board may, after considering the provisions of the RFA, any objections, the Commissioner’s responses, and if filed, any written rebuttals of the Commissioner’s responses, hold a public hearing to receive comments on the specific RFA. Prior to making a decision on the RFA, the Commissioner shall consider any recommendations made by the Board.D\n\nExcept for a continuing care retirement community applying for a certificate of public need pursuant to provisions of subsections A, B, and C, applications for continuing care retirement community nursing home bed projects shall be accepted by the Commissioner only if the following criteria are met: (i) the facility is registered with the State Corporation Commission as a continuing care provider pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2, (ii) the number of new nursing home beds requested in the initial application does not exceed the lesser of 20 percent of the continuing care retirement community’s total number of beds that are not nursing home beds or 60 beds, (iii) the number of new nursing home beds requested in any subsequent application does not cause the continuing care retirement community’s total number of nursing home beds to exceed 20 percent of its total number of beds that are not nursing home beds, and (iv) the continuing care retirement community has established a qualified resident assistance policy.E\n\nThe Commissioner may approve an initial certificate of public need for nursing home beds in a continuing care retirement community not to exceed the lesser of 60 beds or 20 percent of the total number of beds that are not nursing home beds which authorizes an initial one-time, three-year open admission period during which the continuing care retirement community may accept direct admissions into its nursing home beds. The Commissioner may approve a certificate of public need for nursing home beds in a continuing care retirement community in addition to those nursing home beds requested for the initial one-time, three-year open admission period if (i) the number of new nursing home beds requested in any subsequent application does not cause the continuing care retirement community’s total number of nursing home beds to exceed 20 percent of its total number of beds that are not nursing beds, (ii) the number of licensed nursing home beds within the continuing care retirement community does not and will not exceed 20 percent of the number of occupied beds that are not nursing beds, and (iii) no open-admission period is allowed for these nursing home beds. Upon the expiration of any initial one-time, three-year open admission period, a continuing care retirement community which has obtained a certificate of public need for a nursing facility project pursuant to subsection D may admit into its nursing home beds (a) a standard contract holder who has been a bona fide resident of the non-nursing home portion of the continuing care retirement community for at least 30 days, (b) a person who is a standard contract holder who has lived in the non-nursing home portion of the continuing care retirement community for less than 30 days but who requires nursing home care due to change in health status since admission to the continuing care retirement community, (c) a person who is a family member of a standard contract holder residing in a non-nursing home portion of the continuing care retirement community, (d) a person who is an employee or a member of the board of trustees or board of directors of the continuing care retirement community, (e) a person who is a family member of an employee or a member of the board of trustees or board of directors of the continuing care retirement community, or (f) a person who is an accredited practitioner of the religious organization or denomination with which the continuing care retirement community is affiliated.F\n\nAny continuing care retirement community applicant for a certificate of public need to increase the number of nursing home beds shall authorize the State Corporation Commission to disclose such information to the Commissioner as may be in the State Corporation Commission’s possession concerning such continuing care retirement community in order to allow the Commissioner to enforce the provisions of this section. The State Corporation Commission shall provide the Commissioner with the requested information when so authorized.G\n\nFor the purposes of this section:\n\t\t\t“Family member” means spouse, mother, father, son, daughter, brother, sister, aunt, uncle, or cousin by blood, marriage, or adoption.\n\t\t\t“One-time, three-year open admission period” means the three years after the initial licensure of nursing home beds during which the continuing care retirement community may take admissions directly into its nursing home beds without the signing of a standard contract. The facility or a related facility on the same campus shall not be granted any open admissions period for any subsequent application or authorization for nursing home beds.\n\t\t\t“Qualified resident assistance policy” means a procedure, consistently followed by a facility, pursuant to which the facility endeavors to avoid requiring a resident to leave the facility because of inability to pay regular charges and which complies with the requirements of the Internal Revenue Service for maintenance of status as a tax exempt charitable organization under § 501(c)(3) of the Internal Revenue Code. This policy shall be (i) generally made known to residents through the resident contract and (ii) supported by reasonable and consistent efforts to promote the availability of funds, either through a special fund, separate foundation or access to other available funds, to assist residents who are unable to pay regular charges in whole or in part.\n\t\t\tThis policy may (a) take into account the sound financial management of the facility, including existing reserves, and the reasonable requirements of lenders and (b) include requirements that residents seeking such assistance provide all requested financial information and abide by reasonable conditions, including seeking to qualify for other assistance and restrictions on the transfer of assets to third parties.\n\t\t\tA qualified resident assistance policy shall not constitute the business of insurance as defined in Chapter 1 (§ 38.2-100 et seq.) of Title 38.2.\n\t\t\t“Standard contract” means a contract requiring the same entrance fee, terms, and conditions as contracts executed with residents of the non-nursing home portion of the facility, if the entrance fee is no less than the amount defined in § 38.2-4900.H\n\nThis section shall not be construed to prohibit or prevent a continuing care retirement community from discharging a resident (i) for breach of nonfinancial contract provisions, (ii) if medically appropriate care can no longer be provided to the resident, or (iii) if the resident is a danger to himself or others while in the facility.I\n\nThe provisions of subsections D, E, and H shall not affect any certificate of public need issued prior to July 1, 1998; however, any certificate of public need application for additional nursing home beds shall be subject to the provisions of this act.","order_by":null,"text":{"0":{"id":293297,"text":"Except for applications for continuing care retirement community nursing home bed projects filed by continuing care providers registered with the State Corporation Commission pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2 which comply with the requirements established in this section, the Commissioner shall approve, authorize or accept applications for the issuance of any certificate of public need pursuant to this article only in response to Requests for Applications (RFAs) for any project which would result in an increase in the number of beds in a planning district in which nursing facility or extended care services are provided, except as provided in § 32.1-102.3:7.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293298,"text":"The Board shall adopt regulations establishing standards for the approval and issuance of Requests for Applications by the Commissioner. The standards shall include, but shall not be limited to, a requirement that determinations of need take into account any limitations on access to existing nursing home beds in the planning districts. The RFAs, which shall be published at least annually, shall be jointly developed by the Department and the Department of Medical Assistance Services. RFAs shall be based on analyses of the need, or lack thereof, for increases in the nursing home bed supply in each of the Commonwealth’s planning districts in accordance with standards adopted by the Board by regulation. The Commissioner shall only accept for review applications in response to such RFAs which conform with the geographic and bed need determinations of the specific RFA.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":293299,"text":"Sixty days prior to the Commissioner’s approval and issuance of any RFA, the Board shall publish the proposed RFA in the Virginia Register for public comment together with an explanation of (i) the regulatory basis for the planning district bed needs set forth in the RFA and (ii) the rationale for the RFA’s planning district designations. Any person objecting to the contents of the proposed RFA may notify, within 14 days of the publication, the Board and the Commissioner of his objection and the objection’s regulatory basis. The Commissioner shall prepare, and deliver by registered mail, a written response to each such objection within two weeks of the date of receiving the objection. The objector may file a rebuttal to the Commissioner’s response in writing within five days of receiving the Commissioner’s response. If objections are received, the Board may, after considering the provisions of the RFA, any objections, the Commissioner’s responses, and if filed, any written rebuttals of the Commissioner’s responses, hold a public hearing to receive comments on the specific RFA. Prior to making a decision on the RFA, the Commissioner shall consider any recommendations made by the Board.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":293300,"text":"Except for a continuing care retirement community applying for a certificate of public need pursuant to provisions of subsections A, B, and C, applications for continuing care retirement community nursing home bed projects shall be accepted by the Commissioner only if the following criteria are met: (i) the facility is registered with the State Corporation Commission as a continuing care provider pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2, (ii) the number of new nursing home beds requested in the initial application does not exceed the lesser of 20 percent of the continuing care retirement community’s total number of beds that are not nursing home beds or 60 beds, (iii) the number of new nursing home beds requested in any subsequent application does not cause the continuing care retirement community’s total number of nursing home beds to exceed 20 percent of its total number of beds that are not nursing home beds, and (iv) the continuing care retirement community has established a qualified resident assistance policy.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":293301,"text":"The Commissioner may approve an initial certificate of public need for nursing home beds in a continuing care retirement community not to exceed the lesser of 60 beds or 20 percent of the total number of beds that are not nursing home beds which authorizes an initial one-time, three-year open admission period during which the continuing care retirement community may accept direct admissions into its nursing home beds. The Commissioner may approve a certificate of public need for nursing home beds in a continuing care retirement community in addition to those nursing home beds requested for the initial one-time, three-year open admission period if (i) the number of new nursing home beds requested in any subsequent application does not cause the continuing care retirement community’s total number of nursing home beds to exceed 20 percent of its total number of beds that are not nursing beds, (ii) the number of licensed nursing home beds within the continuing care retirement community does not and will not exceed 20 percent of the number of occupied beds that are not nursing beds, and (iii) no open-admission period is allowed for these nursing home beds. Upon the expiration of any initial one-time, three-year open admission period, a continuing care retirement community which has obtained a certificate of public need for a nursing facility project pursuant to subsection D may admit into its nursing home beds (a) a standard contract holder who has been a bona fide resident of the non-nursing home portion of the continuing care retirement community for at least 30 days, (b) a person who is a standard contract holder who has lived in the non-nursing home portion of the continuing care retirement community for less than 30 days but who requires nursing home care due to change in health status since admission to the continuing care retirement community, (c) a person who is a family member of a standard contract holder residing in a non-nursing home portion of the continuing care retirement community, (d) a person who is an employee or a member of the board of trustees or board of directors of the continuing care retirement community, (e) a person who is a family member of an employee or a member of the board of trustees or board of directors of the continuing care retirement community, or (f) a person who is an accredited practitioner of the religious organization or denomination with which the continuing care retirement community is affiliated.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":293302,"text":"Any continuing care retirement community applicant for a certificate of public need to increase the number of nursing home beds shall authorize the State Corporation Commission to disclose such information to the Commissioner as may be in the State Corporation Commission’s possession concerning such continuing care retirement community in order to allow the Commissioner to enforce the provisions of this section. The State Corporation Commission shall provide the Commissioner with the requested information when so authorized.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":293303,"text":"For the purposes of this section:\n\t\t\t“Family member” means spouse, mother, father, son, daughter, brother, sister, aunt, uncle, or cousin by blood, marriage, or adoption.\n\t\t\t“One-time, three-year open admission period” means the three years after the initial licensure of nursing home beds during which the continuing care retirement community may take admissions directly into its nursing home beds without the signing of a standard contract. The facility or a related facility on the same campus shall not be granted any open admissions period for any subsequent application or authorization for nursing home beds.\n\t\t\t“Qualified resident assistance policy” means a procedure, consistently followed by a facility, pursuant to which the facility endeavors to avoid requiring a resident to leave the facility because of inability to pay regular charges and which complies with the requirements of the Internal Revenue Service for maintenance of status as a tax exempt charitable organization under § 501(c)(3) of the Internal Revenue Code. This policy shall be (i) generally made known to residents through the resident contract and (ii) supported by reasonable and consistent efforts to promote the availability of funds, either through a special fund, separate foundation or access to other available funds, to assist residents who are unable to pay regular charges in whole or in part.\n\t\t\tThis policy may (a) take into account the sound financial management of the facility, including existing reserves, and the reasonable requirements of lenders and (b) include requirements that residents seeking such assistance provide all requested financial information and abide by reasonable conditions, including seeking to qualify for other assistance and restrictions on the transfer of assets to third parties.\n\t\t\tA qualified resident assistance policy shall not constitute the business of insurance as defined in Chapter 1 (§ 38.2-100 et seq.) of Title 38.2.\n\t\t\t“Standard contract” means a contract requiring the same entrance fee, terms, and conditions as contracts executed with residents of the non-nursing home portion of the facility, if the entrance fee is no less than the amount defined in § 38.2-4900.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":293304,"text":"This section shall not be construed to prohibit or prevent a continuing care retirement community from discharging a resident (i) for breach of nonfinancial contract provisions, (ii) if medically appropriate care can no longer be provided to the resident, or (iii) if the resident is a danger to himself or others while in the facility.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":293305,"text":"The provisions of subsections D, E, and H shall not affect any certificate of public need issued prior to July 1, 1998; however, any certificate of public need application for additional nursing home beds shall be subject to the provisions of this act.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-102.3:2\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 517 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 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 11 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 1990, chapters 191, 478, 753, and 845; in 1991, chapter 561; in 1992, chapters 612 and 682; in 1993, chapters 347, 474, 540, 564, 704, 762, 957, and 993; in 1994, chapters 57<\/a>, 680<\/a>, 711<\/a>, 726<\/a>, and 797<\/a>; in 1995, chapters 505<\/a>, 632<\/a>, 641<\/a>, 695<\/a>, and 753<\/a>; in 1996, chapters 531<\/a>, 849<\/a>, and 901<\/a>; in 1998, chapter 794<\/a>; in 2009, chapter 175<\/a>; in 2012, chapter 492<\/a>; in 2013, chapters 433<\/a> and 515<\/a>.<\/p>","references":[{"id":58921,"section_number":"32.1-102.3:7","catch_line":"Application for transfer of nursing facility beds","order_by":null,"url":"\/32.1-102.3_7\/"},{"id":87198,"section_number":"32.1-102.3:8","catch_line":"Application for an open admission period for a continuing care retirement community","order_by":null,"url":"\/32.1-102.3_8\/"},{"id":59090,"section_number":"32.1-102.6","catch_line":"Administrative procedures","order_by":null,"url":"\/32.1-102.6\/"}],"refers_to":[{"id":59918,"section_number":"38.2-100","catch_line":"Definitions","order_by":null,"url":"\/38.2-100\/"},{"id":83470,"section_number":"38.2-4900","catch_line":"Definitions","order_by":null,"url":"\/38.2-4900\/"}],"permalink":{"id":202451,"object_type":"law","relational_id":81863,"identifier":"32.1-102.3:2","token":"32.1\/4\/1.1\/32.1-102.3_2","url":"\/32.1-102.3_2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-102.3_2\/","token":"32.1\/4\/1.1\/32.1-102.3_2","dublin_core":{"Title":"Certificates of public need; applications to be filed in response to Requests for Applications (RFAs)","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-102.3:2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except for applications<\/span> for continuing care retirement community nursing home bed projects<\/span> filed by continuing care providers registered with the State Corporation Commission pursuant to Chapter 49 (§ 38.2-4900<\/a> et seq.) of Title 38.2 which comply with the requirements established in this section, the Commissioner<\/span> shall approve, authorize or accept applications<\/span> for the issuance of any certificate<\/span> of public need pursuant to this article only in response to Requests for Applications<\/span> (RFAs) for any project<\/span> which would result in an increase in the number of beds in a planning district in which nursing facility or extended care services are provided, except as provided in § 32.1-102.3:7<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> shall adopt regulations establishing standards for the approval and issuance of Requests for Applications<\/span> by the Commissioner<\/span>. The standards shall include, but shall not be limited to, a requirement that determinations of need take into account any limitations on access to existing nursing home beds in the planning districts. The RFAs, which shall be published at least annually, shall be jointly developed by the Department<\/span> and the Department<\/span> of Medical Assistance Services. RFAs shall be based on analyses of the need, or lack thereof, for increases in the nursing home bed supply in each of the Commonwealth’s planning districts in accordance with standards adopted by the Board<\/span> by regulation. The Commissioner<\/span> shall only accept for review applications<\/span> in response to such RFAs which conform with the geographic and bed need determinations of the specific RFA. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Sixty days prior to the Commissioner<\/span>’s approval and issuance of any RFA, the Board<\/span> shall publish the proposed RFA in the Virginia Register for public comment together with an explanation of (i) the regulatory basis for the planning district bed needs set forth in the RFA and (ii) the rationale for the RFA’s planning district designations. Any person<\/span> objecting to the contents of the proposed RFA may notify, within 14 days of the publication, the Board<\/span> and the Commissioner<\/span> of his objection and the objection’s regulatory basis. The Commissioner<\/span> shall prepare, and deliver by registered mail, a written response to each such objection within two weeks of the date of receiving the objection. The objector may file a rebuttal<\/span> to the Commissioner<\/span>’s response in writing within five days of receiving the Commissioner<\/span>’s response. If objections are received, the Board<\/span> may, after considering the provisions of the RFA, any objections, the Commissioner<\/span>’s responses, and if filed, any written rebuttals<\/span> of the Commissioner<\/span>’s responses, hold a public hearing<\/span> to receive comments on the specific RFA. Prior to making a decision on the RFA, the Commissioner<\/span> shall consider any recommendations made by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except for a continuing care retirement community applying for a certificate<\/span> of public need pursuant to provisions of subsections A, B, and C, applications<\/span> for continuing care retirement community nursing home bed projects<\/span> shall be accepted by the Commissioner<\/span> only if the following criteria are met: (i) the facility is registered with the State Corporation Commission as a continuing care provider pursuant to Chapter 49 (§ 38.2-4900<\/a> et seq.) of Title 38.2, (ii) the number of new nursing home beds requested in the initial application<\/span> does not exceed the lesser of 20 percent of the continuing care retirement community’s total number of beds that are not nursing home beds or 60 beds, (iii) the number of new nursing home beds requested in any subsequent application<\/span> does not cause the continuing care retirement community’s total number of nursing home beds to exceed 20 percent of its total number of beds that are not nursing home beds, and (iv) the continuing care retirement community has established a qualified resident assistance policy<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Commissioner<\/span> may approve an initial certificate<\/span> of public need for nursing home beds in a continuing care retirement community not to exceed the lesser of 60 beds or 20 percent of the total number of beds that are not nursing home beds which authorizes an initial one-time, three-year open admission period<\/span> during which the continuing care retirement community may accept direct admissions into its nursing home beds. The Commissioner<\/span> may approve a certificate<\/span> of public need for nursing home beds in a continuing care retirement community in addition to those nursing home beds requested for the initial one-time, three-year open admission period<\/span> if (i) the number of new nursing home beds requested in any subsequent application<\/span> does not cause the continuing care retirement community’s total number of nursing home beds to exceed 20 percent of its total number of beds that are not nursing beds, (ii) the number of licensed nursing home beds within the continuing care retirement community does not and will not exceed 20 percent of the number of occupied beds that are not nursing beds, and (iii) no open-admission period is allowed for these nursing home beds. Upon the expiration of any initial one-time, three-year open admission period<\/span>, a continuing care retirement community which has obtained a certificate<\/span> of public need for a nursing facility project<\/span> pursuant to subsection D may admit into its nursing home beds (a) a standard contract<\/span> holder who has been a bona fide resident of the non-nursing home portion of the continuing care retirement community for at least 30 days, (b) a person<\/span> who is a standard contract<\/span> holder who has lived in the non-nursing home portion of the continuing care retirement community for less than 30 days but who requires nursing home care due to change in health status since admission to the continuing care retirement community, (c) a person<\/span> who is a family member<\/span> of a standard contract<\/span> holder residing in a non-nursing home portion of the continuing care retirement community, (d) a person<\/span> who is an employee or a member of the board<\/span> of trustees or board<\/span> of directors of the continuing care retirement community, (e) a person<\/span> who is a family member<\/span> of an employee or a member of the board<\/span> of trustees or board<\/span> of directors of the continuing care retirement community, or (f) a person<\/span> who is an accredited practitioner of the religious organization or denomination with which the continuing care retirement community is affiliated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any continuing care retirement community applicant for a certificate<\/span> of public need to increase the number of nursing home beds shall authorize the State Corporation Commission to disclose such information to the Commissioner<\/span> as may be in the State Corporation Commission’s possession<\/span> concerning such continuing care retirement community in order<\/span> to allow the Commissioner<\/span> to enforce the provisions of this section. The State Corporation Commission shall provide the Commissioner<\/span> with the requested information when so authorized. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> For the purposes of this section:\n\t\t\t“Family member<\/span>” means spouse, mother, father, son, daughter, brother, sister, aunt, uncle, or cousin by blood, marriage, or adoption.\n\t\t\t“One-time, three-year open admission period<\/span>” means the three years after the initial licensure of nursing home beds during which the continuing care retirement community may take admissions directly into its nursing home beds without the signing of a standard contract<\/span>. The facility or a related facility on the same campus shall not be granted any open admissions period for any subsequent application<\/span> or authorization for nursing home beds.\n\t\t\t“Qualified resident assistance policy<\/span>” means a procedure, consistently followed by a facility, pursuant to which the facility endeavors to avoid requiring a resident to leave the facility because of inability to pay regular charges and which complies with the requirements of the Internal Revenue Service for maintenance of status as a tax exempt charitable organization under § 501(c)(3) of the Internal Revenue Code. This policy shall be (i) generally made known to residents through the resident contract and (ii) supported by reasonable and consistent efforts to promote the availability of funds, either through a special fund, separate foundation or access to other available funds, to assist residents who are unable to pay regular charges in whole or in part.\n\t\t\tThis policy may (a) take into account the sound financial management of the facility, including existing reserves, and the reasonable requirements of lenders and (b) include requirements that residents seeking such assistance provide all requested financial information and abide by reasonable conditions, including seeking to qualify for other assistance and restrictions on the transfer of assets<\/span> to third parties.\n\t\t\tA qualified resident assistance policy<\/span> shall not constitute the business of insurance as defined in Chapter 1 (§ 38.2-100<\/a> et seq.) of Title 38.2.\n\t\t\t“Standard contract<\/span>” means a contract requiring the same entrance fee, terms, and conditions as contracts<\/span> executed with residents of the non-nursing home portion of the facility, if the entrance fee is no less than the amount defined in § 38.2-4900<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> This section shall not be construed to prohibit or prevent a continuing care retirement community from discharging a resident (i) for breach of nonfinancial contract provisions, (ii) if medically appropriate care can no longer be provided to the resident, or (iii) if the resident is a danger to himself or others while in the facility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The provisions of subsections D, E, and H shall not affect any certificate<\/span> of public need issued prior to July 1, 1998; however, any certificate<\/span> of public need application<\/span> for additional nursing home beds shall be subject to the provisions of this act. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTIFICATES OF PUBLIC NEED; APPLICATIONS TO BE FILED IN RESPONSE TO REQUESTS\nFOR APPLICATIONS (RFAS) (\u00a7 32.1-102.3:2)\n\nA. Except for applications for continuing care retirement community nursing home\nbed projects filed by continuing care providers registered with the State\nCorporation Commission pursuant to Chapter 49 (§ 38.2-4900 et seq.) of\nTitle 38.2 which comply with the requirements established in this section, the\nCommissioner shall approve, authorize or accept applications for the issuance of\nany certificate of public need pursuant to this article only in response to\nRequests for Applications (RFAs) for any project which would result in an\nincrease in the number of beds in a planning district in which nursing facility\nor extended care services are provided, except as provided in §\n32.1-102.3:7.\n\nB. The Board shall adopt regulations establishing standards for the approval and\nissuance of Requests for Applications by the Commissioner. The standards shall\ninclude, but shall not be limited to, a requirement that determinations of need\ntake into account any limitations on access to existing nursing home beds in the\nplanning districts. The RFAs, which shall be published at least annually, shall\nbe jointly developed by the Department and the Department of Medical Assistance\nServices. RFAs shall be based on analyses of the need, or lack thereof, for\nincreases in the nursing home bed supply in each of the Commonwealth’s\nplanning districts in accordance with standards adopted by the Board by\nregulation. The Commissioner shall only accept for review applications in\nresponse to such RFAs which conform with the geographic and bed need\ndeterminations of the specific RFA.\n\nC. Sixty days prior to the Commissioner’s approval and issuance of any\nRFA, the Board shall publish the proposed RFA in the Virginia Register for\npublic comment together with an explanation of (i) the regulatory basis for the\nplanning district bed needs set forth in the RFA and (ii) the rationale for the\nRFA’s planning district designations. Any person objecting to the contents\nof the proposed RFA may notify, within 14 days of the publication, the Board and\nthe Commissioner of his objection and the objection’s regulatory basis.\nThe Commissioner shall prepare, and deliver by registered mail, a written\nresponse to each such objection within two weeks of the date of receiving the\nobjection. The objector may file a rebuttal to the Commissioner’s response\nin writing within five days of receiving the Commissioner’s response. If\nobjections are received, the Board may, after considering the provisions of the\nRFA, any objections, the Commissioner’s responses, and if filed, any\nwritten rebuttals of the Commissioner’s responses, hold a public hearing\nto receive comments on the specific RFA. Prior to making a decision on the RFA,\nthe Commissioner shall consider any recommendations made by the Board.\n\nD. Except for a continuing care retirement community applying for a certificate\nof public need pursuant to provisions of subsections A, B, and C, applications\nfor continuing care retirement community nursing home bed projects shall be\naccepted by the Commissioner only if the following criteria are met: (i) the\nfacility is registered with the State Corporation Commission as a continuing\ncare provider pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2,\n(ii) the number of new nursing home beds requested in the initial application\ndoes not exceed the lesser of 20 percent of the continuing care retirement\ncommunity’s total number of beds that are not nursing home beds or 60\nbeds, (iii) the number of new nursing home beds requested in any subsequent\napplication does not cause the continuing care retirement community’s\ntotal number of nursing home beds to exceed 20 percent of its total number of\nbeds that are not nursing home beds, and (iv) the continuing care retirement\ncommunity has established a qualified resident assistance policy.\n\nE. The Commissioner may approve an initial certificate of public need for\nnursing home beds in a continuing care retirement community not to exceed the\nlesser of 60 beds or 20 percent of the total number of beds that are not nursing\nhome beds which authorizes an initial one-time, three-year open admission period\nduring which the continuing care retirement community may accept direct\nadmissions into its nursing home beds. The Commissioner may approve a\ncertificate of public need for nursing home beds in a continuing care retirement\ncommunity in addition to those nursing home beds requested for the initial\none-time, three-year open admission period if (i) the number of new nursing home\nbeds requested in any subsequent application does not cause the continuing care\nretirement community’s total number of nursing home beds to exceed 20\npercent of its total number of beds that are not nursing beds, (ii) the number\nof licensed nursing home beds within the continuing care retirement community\ndoes not and will not exceed 20 percent of the number of occupied beds that are\nnot nursing beds, and (iii) no open-admission period is allowed for these\nnursing home beds. Upon the expiration of any initial one-time, three-year open\nadmission period, a continuing care retirement community which has obtained a\ncertificate of public need for a nursing facility project pursuant to subsection\nD may admit into its nursing home beds (a) a standard contract holder who has\nbeen a bona fide resident of the non-nursing home portion of the continuing care\nretirement community for at least 30 days, (b) a person who is a standard\ncontract holder who has lived in the non-nursing home portion of the continuing\ncare retirement community for less than 30 days but who requires nursing home\ncare due to change in health status since admission to the continuing care\nretirement community, (c) a person who is a family member of a standard contract\nholder residing in a non-nursing home portion of the continuing care retirement\ncommunity, (d) a person who is an employee or a member of the board of trustees\nor board of directors of the continuing care retirement community, (e) a person\nwho is a family member of an employee or a member of the board of trustees or\nboard of directors of the continuing care retirement community, or (f) a person\nwho is an accredited practitioner of the religious organization or denomination\nwith which the continuing care retirement community is affiliated.\n\nF. Any continuing care retirement community applicant for a certificate of\npublic need to increase the number of nursing home beds shall authorize the\nState Corporation Commission to disclose such information to the Commissioner as\nmay be in the State Corporation Commission’s possession concerning such\ncontinuing care retirement community in order to allow the Commissioner to\nenforce the provisions of this section. The State Corporation Commission shall\nprovide the Commissioner with the requested information when so authorized.\n\nG. For the purposes of this section:\n\t\t\t“Family member” means spouse, mother, father, son, daughter,\nbrother, sister, aunt, uncle, or cousin by blood, marriage, or adoption.\n\t\t\t“One-time, three-year open admission period” means the three\nyears after the initial licensure of nursing home beds during which the\ncontinuing care retirement community may take admissions directly into its\nnursing home beds without the signing of a standard contract. The facility or a\nrelated facility on the same campus shall not be granted any open admissions\nperiod for any subsequent application or authorization for nursing home beds.\n\t\t\t“Qualified resident assistance policy” means a procedure,\nconsistently followed by a facility, pursuant to which the facility endeavors to\navoid requiring a resident to leave the facility because of inability to pay\nregular charges and which complies with the requirements of the Internal Revenue\nService for maintenance of status as a tax exempt charitable organization under\n§ 501(c)(3) of the Internal Revenue Code. This policy shall be (i)\ngenerally made known to residents through the resident contract and (ii)\nsupported by reasonable and consistent efforts to promote the availability of\nfunds, either through a special fund, separate foundation or access to other\navailable funds, to assist residents who are unable to pay regular charges in\nwhole or in part.\n\t\t\tThis policy may (a) take into account the sound financial management of the\nfacility, including existing reserves, and the reasonable requirements of\nlenders and (b) include requirements that residents seeking such assistance\nprovide all requested financial information and abide by reasonable conditions,\nincluding seeking to qualify for other assistance and restrictions on the\ntransfer of assets to third parties.\n\t\t\tA qualified resident assistance policy shall not constitute the business of\ninsurance as defined in Chapter 1 (§ 38.2-100 et seq.) of Title 38.2.\n\t\t\t“Standard contract” means a contract requiring the same entrance\nfee, terms, and conditions as contracts executed with residents of the\nnon-nursing home portion of the facility, if the entrance fee is no less than\nthe amount defined in § 38.2-4900.\n\nH. This section shall not be construed to prohibit or prevent a continuing care\nretirement community from discharging a resident (i) for breach of nonfinancial\ncontract provisions, (ii) if medically appropriate care can no longer be\nprovided to the resident, or (iii) if the resident is a danger to himself or\nothers while in the facility.\n\nI. The provisions of subsections D, E, and H shall not affect any certificate of\npublic need issued prior to July 1, 1998; however, any certificate of public\nneed application for additional nursing home beds shall be subject to the\nprovisions of this act.\n\nHISTORY: 1989, c. 517; 1990, cc. 191, 478, 753, 845; 1991, c. 561; 1992, cc.\n612, 682; 1993, cc. 347, 474, 540, 564, 704, 762, 957, 993; 1994, cc. 57, 680,\n711, 726, 797; 1995, cc. 505, 632, 641, 695, 753; 1996, cc. 531, 849, 901; 1998,\nc. 794; 2009, c. 175; 2012, c. 492; 2013, cc. 433, 515.","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}}