{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-102.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-102.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-102.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-102.6.html"}],"law_id":59090,"edition_id":1,"section_id":59090,"structure_id":14008,"section_number":"32.1-102.6","catch_line":"Administrative procedures","history":"1982, c. 388; 1984, c. 740; 1991, c. 561; 1999, cc. 899, 922; 2000, c. 931; 2004, cc. 71, 95; 2005, c. 404; 2009, c. 175; 2010, c. 646; 2020, c. 1271; 2025, c. 325.","full_text":"A\n\nTo obtain a certificate for a project, the applicant shall file a completed application for a certificate with the Department and the appropriate regional health planning agency if a regional health planning agency has been designated for that region. Such application shall be filed in accordance with procedures established by the Department. An application submitted for review shall be considered complete when all relevant sections of the application form have responses. The applicant shall provide sufficient information to prove public need for the requested project exists without the addition of supplemental or supporting material at a later date. The Department shall ensure that only data necessary for review of an application is required to be submitted and that the application reflects statutory requirements. Nothing in this section shall prevent the Department from seeking, at its discretion, additional information from the applicant or other sources.\n\t\t\tWithin 10 calendar days of the date on which the document is received, the Department and the appropriate regional health planning agency, if a regional health planning agency has been designated, shall determine whether the application is complete or not and the Department shall notify the applicant, if the application is not complete, of the information needed to complete the application. If no regional health planning agency is designated for the health planning region in which the project will be located, no filing with a regional health planning agency is required and the Department shall determine if the application is complete and notify the applicant, if the application is not complete, of the information needed to complete the application.\n\t\t\tAt least 30 calendar days before any person is contractually obligated to acquire an existing medical care facility, the cost of which is $600,000 or more, that person shall notify the Commissioner and the appropriate regional health planning agency, if a regional health planning agency has been designated, of the intent, the services to be offered in the facility, the bed capacity in the facility and the projected impact that the cost of the acquisition will have upon the charges for services to be provided. If clinical services or beds are proposed to be added as a result of the acquisition, the Commissioner may require the proposed new owner to obtain a certificate prior to the acquisition. If no regional health planning agency is designated for the health planning region in which the acquisition will take place, no notification to a regional health planning agency shall be required.B\n\nFor projects proposed in health planning regions with regional planning agencies, the appropriate regional health planning agency shall (i) review each completed application for a certificate within 60 calendar days of the day that begins the appropriate batch review cycle as established by the Board by regulation pursuant to subdivision A 1 of § 32.1-102.2, such cycle not to exceed 190 days in duration; (ii) within 10 calendar days following the start of the review cycle, solicit public comment on such application by posting notice of such application and a summary of the proposed project on a website maintained by the Department; such notice shall include information about how comments may be submitted to the regional health planning agency and the date on which the public comment period shall expire, which shall be no later than 45 calendar days following the date of the public notice; and (iii) in the case of competing applications or in response to a written request by an elected local government representative, a member of the General Assembly, the Commissioner, the applicant, or a member of the public, hold one public hearing on each application in a location in the county or city in which the project is proposed or a contiguous county or city. Prior to any required public hearing, the regional health planning agency shall notify the local governing bodies in the planning district. At least nine days prior to the public hearing, the regional health planning agency shall cause notice of the public hearing to be published in a newspaper of general circulation in the county or city where the project is proposed to be located. The regional health planning agency shall consider the comments of the local governing bodies in the planning district and all other public comments in making its decision. Such comments shall be part of the record. In no case shall a regional health planning agency hold more than two meetings on any application, one of which shall be the public hearing required pursuant to clause (iii), if any, conducted by the board of the regional health planning agency or a subcommittee of the board. The applicant shall be given the opportunity, prior to the vote by the board of the regional health planning agency or a committee of the agency, if acting for the board, on its recommendation, to respond to any comments made about the project by the regional health planning agency staff, any information in a regional health planning agency staff report, or comments by those voting members of the regional health planning agency board; however, such opportunity shall not increase the 60-calendar-day period designated herein for the regional health planning agency’s review unless the applicant or applicants request a specific extension of the regional health planning agency’s review period.\n\t\t\tThe regional health planning agency shall submit its recommendations on each application and its reasons therefor to the Department within 10 calendar days after the completion of its 60-calendar-day review or such other period in accordance with the applicant’s request for extension.\n\t\t\tIf the regional health planning agency has not completed its review within the specified 60 calendar days or such other period in accordance with the applicant’s request for extension and submitted its recommendations on the application and the reasons therefor within 10 calendar days after the completion of its review, the Department shall, on the eleventh calendar day after the expiration of the regional health planning agency’s review period, proceed as though the regional health planning agency has recommended project approval without conditions or revision.\n\t\t\tIf no regional health planning agency has been designated for a region, the Department shall (a) within 10 calendar days following the start of the review cycle, solicit public comment on such application by posting notice of such application and a summary of the proposed project on a website maintained by the Department; such notice shall include such information about how comments may be submitted to the Department and the date on which the public comment period shall expire, which shall be no later than 45 calendar days following the date of the public notice, and (b) in the case of competing applications or in response to a written request by an elected local government representative, a member of the General Assembly, the Commissioner, the applicant, or a member of the public, hold one hearing on each application in a location in the county or city in which the project is proposed or a contiguous county or city. Prior to any required hearing, the Department shall notify the local governing bodies in the planning district in which the project is proposed. At least nine days prior to the public hearing, the Department shall cause notice of the public hearing to be published in a newspaper of general circulation in the county or city where the project is proposed to be located. The Department shall consider the comments of the local governing bodies in the planning district and all other public comments in making its decision. Such comments shall be part of the record.C\n\nAfter commencement of any public hearing and before a decision is made there shall be no ex parte contacts concerning the subject certificate or its application between (i) any person acting on behalf of the applicant or holder of a certificate or any person opposed to the issuance or in favor of revocation of a certificate of public need and (ii) any person in the Department who has authority to make a determination respecting the issuance or revocation of a certificate of public need, unless the Department has provided advance notice to all parties referred to in clause (i) of the time and place of such proposed contact.D\n\nThe Department shall commence the review of each completed application upon the day which begins the appropriate batch review cycle and simultaneously with the review conducted by the regional health planning agency, if a regional health planning agency has been designated.\n\t\t\tA determination whether a public need exists for a project shall be made by the Commissioner within 190 calendar days of the day which begins the appropriate batch cycle.\n\t\t\tThe 190-calendar-day review period shall begin on the date upon which the application is determined to be complete within the batching process specified in subdivision A 1 of § 32.1-102.2.\n\t\t\tIf the application is not determined to be complete within 40 calendar days from submission, the application shall be refiled in the next batch for like projects.\n\t\t\tThe Commissioner shall make determinations in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) except for those parts of the determination process for which timelines and specifications are delineated in subsection E. Further, if an informal fact-finding conference is determined to be necessary by the Department or is requested by a person seeking good cause standing, the parties to the case shall include only the applicant, any person showing good cause, any third-party payor providing health care insurance or prepaid coverage to five percent or more of the patients in the applicant’s service area, and the relevant health planning agency.E\n\nUpon entry of each completed application or applications into the appropriate batch review cycle:1\n\nThe Department shall establish, for every application, a date between the eightieth and ninetieth calendar days within the 190-calendar-day review period for holding an informal fact-finding conference, if such conference is necessary.2\n\nThe Department shall review every application at or before the seventy-fifth calendar day within the 190-calendar-day review period to determine whether an informal fact-finding conference is necessary.3\n\nAny person seeking to be made a party to the case for good cause, no later than four days after the Department has completed its review and submitted its recommendation on an application and has transmitted the same to the applicants and to persons who have, prior to the issuance of the report, requested a copy in writing, shall notify the Commissioner, all applicants, and the regional health planning agency, in writing and under oath, stating the grounds for good cause and providing the factual basis therefor.4\n\nIn any case in which an informal fact-finding conference is held, a date shall be established for the closing of the record which shall not be more than 30 calendar days after the date for holding the informal fact-finding conference.5\n\nIn any case in which an informal fact-finding conference is not held, the record shall be closed on the earlier of (i) the date established for holding the informal fact-finding conference or (ii) the date that the Department determines an informal fact-finding conference is not necessary.6\n\nThe provisions of subsection C of § 2.2-4021 notwithstanding, if a determination whether a public need exists for a project is not made by the Commissioner within 45 calendar days of the closing of the record, the Commissioner shall notify the applicant or applicants and any persons seeking to show good cause, in writing, that the application or the application of each shall be deemed approved 25 calendar days after expiration of such 45-calendar-day period, unless the receipt of recommendations from the person performing the hearing officer functions permits the Commissioner to issue his case decision within that 25-calendar-day period. The validity or timeliness of the aforementioned notice shall not, in any event, prevent, delay or otherwise impact the effectiveness of this section.7\n\nIn any case when a determination whether a public need exists for a project is not made by the Commissioner within 70 calendar days after the closing of the record, the application shall be deemed to be approved and the certificate shall be granted.8\n\nIf a determination whether a public need exists for a project is not made by the Commissioner within 45 calendar days of the closing of the record, any applicant who is competing in the relevant batch or who has filed an application in response to the relevant Request For Applications issued pursuant to § 32.1-102.3:2 may, prior to the application being deemed approved, petition for immediate injunctive relief pursuant to § 2.2-4030, naming as respondents the Commissioner and all parties to the case. During the pendency of the proceeding, no applications shall be deemed to be approved. In such a proceeding, the provisions of § 2.2-4030 shall apply.F\n\nDeemed approvals shall be construed as the Commissioner’s case decision on the application pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) and shall be subject to judicial review on appeal as the Commissioner’s case decision in accordance with such act.\n\t\t\tAny person who has sought to participate in the Department’s review of such deemed-to-be-approved application as a person showing good cause who has not received a final determination from the Commissioner concerning such attempt to show good cause shall be deemed to be a person showing good cause for purposes of appeal of the deemed approval of the certificate.\n\t\t\tIn any appeal of the Commissioner’s case decision granting a certificate of public need pursuant to a Request for Applications issued pursuant to § 32.1-102.3:2, the court may require the appellant to file a bond pursuant to § 8.01-676.1, in such sum as shall be fixed by the court for protection of all parties interested in the case decision, conditioned on the payment of all damages and costs incurred in consequence of such appeal.G\n\nFor purposes of this section, “good cause” means that (i) there is significant relevant information not previously presented at and not available at the time of the public hearing, (ii) there have been significant changes in factors or circumstances relating to the application subsequent to the public hearing, or (iii) there is a substantial material mistake of fact or law in the Department staff’s report on the application or in the report submitted by the health planning agency.H\n\nThe project review procedures shall provide for separation of the project review manager functions from the hearing officer functions. No person serving in the role of project review manager shall serve as a hearing officer.I\n\nThe applicants, and only the applicants, shall have the authority to extend any of the time periods specified in this section. If all applicants consent to extending any time period in this section, the Commissioner, with the concurrence of the applicants, shall establish a new schedule for the remaining time periods.J\n\nThis section shall not apply to applications for certificates for projects that meet the criteria for the expedited application and review process established in subdivision A 5 of § 32.1-102.2. Such projects shall be subject to an expedited application and review process developed by the Board in regulation pursuant to subdivisions A 2 and 5 of § 32.1-102.2.","order_by":null,"text":{"0":{"id":216674,"text":"To obtain a certificate for a project, the applicant shall file a completed application for a certificate with the Department and the appropriate regional health planning agency if a regional health planning agency has been designated for that region. Such application shall be filed in accordance with procedures established by the Department. An application submitted for review shall be considered complete when all relevant sections of the application form have responses. The applicant shall provide sufficient information to prove public need for the requested project exists without the addition of supplemental or supporting material at a later date. The Department shall ensure that only data necessary for review of an application is required to be submitted and that the application reflects statutory requirements. Nothing in this section shall prevent the Department from seeking, at its discretion, additional information from the applicant or other sources.\n\t\t\tWithin 10 calendar days of the date on which the document is received, the Department and the appropriate regional health planning agency, if a regional health planning agency has been designated, shall determine whether the application is complete or not and the Department shall notify the applicant, if the application is not complete, of the information needed to complete the application. If no regional health planning agency is designated for the health planning region in which the project will be located, no filing with a regional health planning agency is required and the Department shall determine if the application is complete and notify the applicant, if the application is not complete, of the information needed to complete the application.\n\t\t\tAt least 30 calendar days before any person is contractually obligated to acquire an existing medical care facility, the cost of which is $600,000 or more, that person shall notify the Commissioner and the appropriate regional health planning agency, if a regional health planning agency has been designated, of the intent, the services to be offered in the facility, the bed capacity in the facility and the projected impact that the cost of the acquisition will have upon the charges for services to be provided. If clinical services or beds are proposed to be added as a result of the acquisition, the Commissioner may require the proposed new owner to obtain a certificate prior to the acquisition. If no regional health planning agency is designated for the health planning region in which the acquisition will take place, no notification to a regional health planning agency shall be required.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":216675,"text":"For projects proposed in health planning regions with regional planning agencies, the appropriate regional health planning agency shall (i) review each completed application for a certificate within 60 calendar days of the day that begins the appropriate batch review cycle as established by the Board by regulation pursuant to subdivision A 1 of § 32.1-102.2, such cycle not to exceed 190 days in duration; (ii) within 10 calendar days following the start of the review cycle, solicit public comment on such application by posting notice of such application and a summary of the proposed project on a website maintained by the Department; such notice shall include information about how comments may be submitted to the regional health planning agency and the date on which the public comment period shall expire, which shall be no later than 45 calendar days following the date of the public notice; and (iii) in the case of competing applications or in response to a written request by an elected local government representative, a member of the General Assembly, the Commissioner, the applicant, or a member of the public, hold one public hearing on each application in a location in the county or city in which the project is proposed or a contiguous county or city. Prior to any required public hearing, the regional health planning agency shall notify the local governing bodies in the planning district. At least nine days prior to the public hearing, the regional health planning agency shall cause notice of the public hearing to be published in a newspaper of general circulation in the county or city where the project is proposed to be located. The regional health planning agency shall consider the comments of the local governing bodies in the planning district and all other public comments in making its decision. Such comments shall be part of the record. In no case shall a regional health planning agency hold more than two meetings on any application, one of which shall be the public hearing required pursuant to clause (iii), if any, conducted by the board of the regional health planning agency or a subcommittee of the board. The applicant shall be given the opportunity, prior to the vote by the board of the regional health planning agency or a committee of the agency, if acting for the board, on its recommendation, to respond to any comments made about the project by the regional health planning agency staff, any information in a regional health planning agency staff report, or comments by those voting members of the regional health planning agency board; however, such opportunity shall not increase the 60-calendar-day period designated herein for the regional health planning agency’s review unless the applicant or applicants request a specific extension of the regional health planning agency’s review period.\n\t\t\tThe regional health planning agency shall submit its recommendations on each application and its reasons therefor to the Department within 10 calendar days after the completion of its 60-calendar-day review or such other period in accordance with the applicant’s request for extension.\n\t\t\tIf the regional health planning agency has not completed its review within the specified 60 calendar days or such other period in accordance with the applicant’s request for extension and submitted its recommendations on the application and the reasons therefor within 10 calendar days after the completion of its review, the Department shall, on the eleventh calendar day after the expiration of the regional health planning agency’s review period, proceed as though the regional health planning agency has recommended project approval without conditions or revision.\n\t\t\tIf no regional health planning agency has been designated for a region, the Department shall (a) within 10 calendar days following the start of the review cycle, solicit public comment on such application by posting notice of such application and a summary of the proposed project on a website maintained by the Department; such notice shall include such information about how comments may be submitted to the Department and the date on which the public comment period shall expire, which shall be no later than 45 calendar days following the date of the public notice, and (b) in the case of competing applications or in response to a written request by an elected local government representative, a member of the General Assembly, the Commissioner, the applicant, or a member of the public, hold one hearing on each application in a location in the county or city in which the project is proposed or a contiguous county or city. Prior to any required hearing, the Department shall notify the local governing bodies in the planning district in which the project is proposed. At least nine days prior to the public hearing, the Department shall cause notice of the public hearing to be published in a newspaper of general circulation in the county or city where the project is proposed to be located. The Department shall consider the comments of the local governing bodies in the planning district and all other public comments in making its decision. Such comments shall be part of the record.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":216676,"text":"After commencement of any public hearing and before a decision is made there shall be no ex parte contacts concerning the subject certificate or its application between (i) any person acting on behalf of the applicant or holder of a certificate or any person opposed to the issuance or in favor of revocation of a certificate of public need and (ii) any person in the Department who has authority to make a determination respecting the issuance or revocation of a certificate of public need, unless the Department has provided advance notice to all parties referred to in clause (i) of the time and place of such proposed contact.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":216677,"text":"The Department shall commence the review of each completed application upon the day which begins the appropriate batch review cycle and simultaneously with the review conducted by the regional health planning agency, if a regional health planning agency has been designated.\n\t\t\tA determination whether a public need exists for a project shall be made by the Commissioner within 190 calendar days of the day which begins the appropriate batch cycle.\n\t\t\tThe 190-calendar-day review period shall begin on the date upon which the application is determined to be complete within the batching process specified in subdivision A 1 of § 32.1-102.2.\n\t\t\tIf the application is not determined to be complete within 40 calendar days from submission, the application shall be refiled in the next batch for like projects.\n\t\t\tThe Commissioner shall make determinations in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) except for those parts of the determination process for which timelines and specifications are delineated in subsection E. Further, if an informal fact-finding conference is determined to be necessary by the Department or is requested by a person seeking good cause standing, the parties to the case shall include only the applicant, any person showing good cause, any third-party payor providing health care insurance or prepaid coverage to five percent or more of the patients in the applicant’s service area, and the relevant health planning agency.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":216678,"text":"Upon entry of each completed application or applications into the appropriate batch review cycle:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":216679,"text":"The Department shall establish, for every application, a date between the eightieth and ninetieth calendar days within the 190-calendar-day review period for holding an informal fact-finding conference, if such conference is necessary.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":216680,"text":"The Department shall review every application at or before the seventy-fifth calendar day within the 190-calendar-day review period to determine whether an informal fact-finding conference is necessary.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":216681,"text":"Any person seeking to be made a party to the case for good cause, no later than four days after the Department has completed its review and submitted its recommendation on an application and has transmitted the same to the applicants and to persons who have, prior to the issuance of the report, requested a copy in writing, shall notify the Commissioner, all applicants, and the regional health planning agency, in writing and under oath, stating the grounds for good cause and providing the factual basis therefor.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":216682,"text":"In any case in which an informal fact-finding conference is held, a date shall be established for the closing of the record which shall not be more than 30 calendar days after the date for holding the informal fact-finding conference.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"9":{"id":216683,"text":"In any case in which an informal fact-finding conference is not held, the record shall be closed on the earlier of (i) the date established for holding the informal fact-finding conference or (ii) the date that the Department determines an informal fact-finding conference is not necessary.","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"E6"},"10":{"id":216684,"text":"The provisions of subsection C of § 2.2-4021 notwithstanding, if a determination whether a public need exists for a project is not made by the Commissioner within 45 calendar days of the closing of the record, the Commissioner shall notify the applicant or applicants and any persons seeking to show good cause, in writing, that the application or the application of each shall be deemed approved 25 calendar days after expiration of such 45-calendar-day period, unless the receipt of recommendations from the person performing the hearing officer functions permits the Commissioner to issue his case decision within that 25-calendar-day period. The validity or timeliness of the aforementioned notice shall not, in any event, prevent, delay or otherwise impact the effectiveness of this section.","type":"section","prefixes":["E","6"],"prefix":"6","entire_prefix":"E6","prefix_anchor":"E6","level":2,"prior_prefix":"E5","next_prefix":"E7"},"11":{"id":216685,"text":"In any case when a determination whether a public need exists for a project is not made by the Commissioner within 70 calendar days after the closing of the record, the application shall be deemed to be approved and the certificate shall be granted.","type":"section","prefixes":["E","7"],"prefix":"7","entire_prefix":"E7","prefix_anchor":"E7","level":2,"prior_prefix":"E6","next_prefix":"E8"},"12":{"id":216686,"text":"If a determination whether a public need exists for a project is not made by the Commissioner within 45 calendar days of the closing of the record, any applicant who is competing in the relevant batch or who has filed an application in response to the relevant Request For Applications issued pursuant to § 32.1-102.3:2 may, prior to the application being deemed approved, petition for immediate injunctive relief pursuant to § 2.2-4030, naming as respondents the Commissioner and all parties to the case. During the pendency of the proceeding, no applications shall be deemed to be approved. In such a proceeding, the provisions of § 2.2-4030 shall apply.","type":"section","prefixes":["E","8"],"prefix":"8","entire_prefix":"E8","prefix_anchor":"E8","level":2,"prior_prefix":"E7","next_prefix":"F"},"13":{"id":216687,"text":"Deemed approvals shall be construed as the Commissioner’s case decision on the application pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) and shall be subject to judicial review on appeal as the Commissioner’s case decision in accordance with such act.\n\t\t\tAny person who has sought to participate in the Department’s review of such deemed-to-be-approved application as a person showing good cause who has not received a final determination from the Commissioner concerning such attempt to show good cause shall be deemed to be a person showing good cause for purposes of appeal of the deemed approval of the certificate.\n\t\t\tIn any appeal of the Commissioner’s case decision granting a certificate of public need pursuant to a Request for Applications issued pursuant to § 32.1-102.3:2, the court may require the appellant to file a bond pursuant to § 8.01-676.1, in such sum as shall be fixed by the court for protection of all parties interested in the case decision, conditioned on the payment of all damages and costs incurred in consequence of such appeal.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E8","next_prefix":"G"},"14":{"id":216688,"text":"For purposes of this section, “good cause” means that (i) there is significant relevant information not previously presented at and not available at the time of the public hearing, (ii) there have been significant changes in factors or circumstances relating to the application subsequent to the public hearing, or (iii) there is a substantial material mistake of fact or law in the Department staff’s report on the application or in the report submitted by the health planning agency.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"15":{"id":216689,"text":"The project review procedures shall provide for separation of the project review manager functions from the hearing officer functions. No person serving in the role of project review manager shall serve as a hearing officer.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"16":{"id":216690,"text":"The applicants, and only the applicants, shall have the authority to extend any of the time periods specified in this section. If all applicants consent to extending any time period in this section, the Commissioner, with the concurrence of the applicants, shall establish a new schedule for the remaining time periods.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"17":{"id":216691,"text":"This section shall not apply to applications for certificates for projects that meet the criteria for the expedited application and review process established in subdivision A 5 of § 32.1-102.2. Such projects shall be subject to an expedited application and review process developed by the Board in regulation pursuant to subdivisions A 2 and 5 of § 32.1-102.2.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-102.6\/","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 10 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 1984, chapter 740; in 1991, chapter 561; in 1999, chapters 899<\/a> and 922<\/a>; in 2000, chapter 931<\/a>; in 2004, chapters 71<\/a> and 95<\/a>; in 2005, chapter 404<\/a>; in 2009, chapter 175<\/a>; in 2010, chapter 646<\/a>; in 2020, chapter 1271<\/a>; in 2025, chapter 325<\/a>.<\/p>","references":[{"id":85729,"section_number":"32.1-102.2","catch_line":"Regulations","order_by":null,"url":"\/32.1-102.2\/"},{"id":59668,"section_number":"32.1-102.3","catch_line":"Demonstration of public need required; criteria for determining need","order_by":null,"url":"\/32.1-102.3\/"},{"id":64968,"section_number":"32.1-102.9","catch_line":"Designation of judge","order_by":null,"url":"\/32.1-102.9\/"},{"id":62584,"section_number":"32.1-122.05","catch_line":"Regional health planning agencies; boards; duties and responsibilities","order_by":null,"url":"\/32.1-122.05\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":78350,"section_number":"2.2-4021","catch_line":"Timetable for decision; exemptions","order_by":null,"url":"\/2.2-4021\/"},{"id":60209,"section_number":"2.2-4030","catch_line":"Recovery of costs and attorney fees from agency","order_by":null,"url":"\/2.2-4030\/"},{"id":85729,"section_number":"32.1-102.2","catch_line":"Regulations","order_by":null,"url":"\/32.1-102.2\/"},{"id":81863,"section_number":"32.1-102.3:2","catch_line":"Certificates of public need; applications to be filed in response to Requests for Applications (RFAs)","order_by":null,"url":"\/32.1-102.3_2\/"},{"id":54488,"section_number":"8.01-676.1","catch_line":"Security for appeal","order_by":null,"url":"\/8.01-676.1\/"}],"permalink":{"id":202487,"object_type":"law","relational_id":59090,"identifier":"32.1-102.6","token":"32.1\/4\/1.1\/32.1-102.6","url":"\/32.1-102.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-102.6\/","token":"32.1\/4\/1.1\/32.1-102.6","dublin_core":{"Title":"Administrative procedures","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-102.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> To obtain a certificate<\/span> for a project<\/span>, the applicant shall file a completed application<\/span> for a certificate<\/span> with the Department<\/span> and the appropriate regional health planning agency<\/span> if a regional health planning agency<\/span> has been designated for that region. Such application<\/span> shall be filed in accordance with procedures established by the Department<\/span>. An application<\/span> submitted for review shall be considered complete when all relevant sections of the application<\/span> form have responses. The applicant shall provide sufficient information to prove public need for the requested project<\/span> exists without the addition of supplemental or supporting material<\/span> at a later date. The Department<\/span> shall ensure that only data necessary for review of an application<\/span> is required to be submitted and that the application<\/span> reflects statutory requirements. Nothing in this section shall prevent the Department<\/span> from seeking, at its discretion, additional information from the applicant or other sources.\n\t\t\tWithin 10 calendar days of the date on which the document is received, the Department<\/span> and the appropriate regional health planning agency<\/span>, if a regional health planning agency<\/span> has been designated, shall determine whether the application<\/span> is complete or not and the Department<\/span> shall notify the applicant, if the application<\/span> is not complete, of the information needed to complete the application<\/span>. If no regional health planning agency<\/span> is designated for the health planning region<\/span> in which the project<\/span> will be located, no filing with a regional health planning agency<\/span> is required and the Department<\/span> shall determine if the application<\/span> is complete and notify the applicant, if the application<\/span> is not complete, of the information needed to complete the application<\/span>.\n\t\t\tAt least 30 calendar days before any person<\/span> is contractually obligated to acquire an existing medical care facility<\/span>, the cost of which is $600,000 or more, that person<\/span> shall notify the Commissioner<\/span> and the appropriate regional health planning agency<\/span>, if a regional health planning agency<\/span> has been designated, of the intent<\/span>, the services to be offered in the facility, the bed capacity in the facility and the projected impact that the cost of the acquisition will have upon the charges for services to be provided. If clinical services or beds are proposed to be added as a result of the acquisition, the Commissioner<\/span> may require the proposed new owner to obtain a certificate<\/span> prior to the acquisition. If no regional health planning agency<\/span> is designated for the health planning region<\/span> in which the acquisition will take place, no notification to a regional health planning agency<\/span> shall be required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For projects<\/span> proposed in health planning regions<\/span> with regional planning agencies, the appropriate regional health planning agency<\/span> shall (i) review each completed application<\/span> for a certificate<\/span> within 60 calendar days of the day that begins the appropriate batch review cycle as established by the Board<\/span> by regulation pursuant to subdivision A 1 of § 32.1-102.2<\/a>, such cycle not to exceed 190 days in duration; (ii) within 10 calendar days following the start of the review cycle, solicit public comment on such application<\/span> by posting notice of such application<\/span> and a summary of the proposed project<\/span> on a website maintained by the Department<\/span>; such notice shall include information about how comments may be submitted to the regional health planning agency<\/span> and the date on which the public comment period shall expire, which shall be no later than 45 calendar days following the date of the public notice; and (iii) in the case of competing applications<\/span> or in response to a written request by an elected local government representative, a member of the General Assembly, the Commissioner<\/span>, the applicant, or a member of the public, hold one public hearing<\/span> on each application<\/span> in a location in the county or city in which the project<\/span> is proposed or a contiguous county or city. Prior to any required public hearing<\/span>, the regional health planning agency<\/span> shall notify the local governing bodies in the planning district. At least nine days prior to the public hearing<\/span>, the regional health planning agency<\/span> shall cause notice of the public hearing<\/span> to be published in a newspaper of general circulation in the county or city where the project<\/span> is proposed to be located. The regional health planning agency<\/span> shall consider the comments of the local governing bodies in the planning district and all other public comments in making its decision. Such comments shall be part of the record. In no case shall a regional health planning agency<\/span> hold more than two meetings on any application<\/span>, one of which shall be the public hearing<\/span> required pursuant to clause (iii), if any, conducted by the board<\/span> of the regional health planning agency<\/span> or a subcommittee of the board<\/span>. The applicant shall be given the opportunity, prior to the vote by the board<\/span> of the regional health planning agency<\/span> or a committee of the agency, if acting for the board<\/span>, on its recommendation, to respond to any comments made about the project<\/span> by the regional health planning agency<\/span> staff, any information in a regional health planning agency<\/span> staff report, or comments by those voting members of the regional health planning agency<\/span> board<\/span>; however, such opportunity shall not increase the 60-calendar-day period designated herein for the regional health planning agency<\/span>’s review unless the applicant or applicants request a specific extension of the regional health planning agency<\/span>’s review period.\n\t\t\tThe regional health planning agency<\/span> shall submit its recommendations on each application<\/span> and its reasons therefor to the Department<\/span> within 10 calendar days after the completion of its 60-calendar-day review or such other period in accordance with the applicant’s request for extension.\n\t\t\tIf the regional health planning agency<\/span> has not completed its review within the specified 60 calendar days or such other period in accordance with the applicant’s request for extension and submitted its recommendations on the application<\/span> and the reasons therefor within 10 calendar days after the completion of its review, the Department<\/span> shall, on the eleventh calendar day after the expiration of the regional health planning agency<\/span>’s review period, proceed as though the regional health planning agency<\/span> has recommended project<\/span> approval without conditions or revision.\n\t\t\tIf no regional health planning agency<\/span> has been designated for a region, the Department<\/span> shall (a) within 10 calendar days following the start of the review cycle, solicit public comment on such application<\/span> by posting notice of such application<\/span> and a summary of the proposed project<\/span> on a website maintained by the Department<\/span>; such notice shall include such information about how comments may be submitted to the Department<\/span> and the date on which the public comment period shall expire, which shall be no later than 45 calendar days following the date of the public notice, and (b) in the case of competing applications<\/span> or in response to a written request by an elected local government representative, a member of the General Assembly, the Commissioner<\/span>, the applicant, or a member of the public, hold one hearing<\/span> on each application<\/span> in a location in the county or city in which the project<\/span> is proposed or a contiguous county or city. Prior to any required hearing<\/span>, the Department<\/span> shall notify the local governing bodies in the planning district in which the project<\/span> is proposed. At least nine days prior to the public hearing<\/span>, the Department<\/span> shall cause notice of the public hearing<\/span> to be published in a newspaper of general circulation in the county or city where the project<\/span> is proposed to be located. The Department<\/span> shall consider the comments of the local governing bodies in the planning district and all other public comments in making its decision. Such comments shall be part of the record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> After commencement of any public hearing<\/span> and before a decision is made there shall be no ex parte<\/span> contacts concerning the subject certificate<\/span> or its application<\/span> between (i) any person<\/span> acting on behalf of the applicant or holder of a certificate<\/span> or any person<\/span> opposed to the issuance or in favor of revocation<\/span> of a certificate<\/span> of public need and (ii) any person<\/span> in the Department<\/span> who has authority to make a determination respecting the issuance or revocation<\/span> of a certificate<\/span> of public need, unless the Department<\/span> has provided advance notice to all parties referred to in clause (i) of the time and place of such proposed contact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> shall commence the review of each completed application<\/span> upon the day which begins the appropriate batch review cycle and simultaneously with the review conducted by the regional health planning agency<\/span>, if a regional health planning agency<\/span> has been designated.\n\t\t\tA determination whether a public need exists for a project<\/span> shall be made by the Commissioner<\/span> within 190 calendar days of the day which begins the appropriate batch cycle.\n\t\t\tThe 190-calendar-day review period shall begin on the date upon which the application<\/span> is determined to be complete within the batching process specified in subdivision A 1 of § 32.1-102.2<\/a>.\n\t\t\tIf the application<\/span> is not determined to be complete within 40 calendar days from submission, the application<\/span> shall be refiled in the next batch for like projects<\/span>.\n\t\t\tThe Commissioner<\/span> shall make determinations in accordance with the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.) except for those parts of the determination process for which timelines and specifications are delineated in subsection E. Further, if an informal fact<\/span>-finding<\/span> conference is determined to be necessary by the Department<\/span> or is requested by a person<\/span> seeking good cause<\/span> standing, the parties to the case shall include only the applicant, any person<\/span> showing good cause<\/span>, any third-party<\/span> payor providing health care insurance or prepaid coverage to five percent or more of the patients in the applicant’s service area, and the relevant health planning agency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon entry of each completed application<\/span> or applications<\/span> into the appropriate batch review cycle: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Department<\/span> shall establish, for every application<\/span>, a date between the eightieth and ninetieth calendar days within the 190-calendar-day review period for holding an informal fact<\/span>-finding<\/span> conference, if such conference is necessary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Department<\/span> shall review every application<\/span> at or before the seventy-fifth calendar day within the 190-calendar-day review period to determine whether an informal fact<\/span>-finding<\/span> conference is necessary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any person<\/span> seeking to be made a party<\/span> to the case for good cause<\/span>, no later than four days after the Department<\/span> has completed its review and submitted its recommendation on an application<\/span> and has transmitted the same to the applicants and to persons<\/span> who have, prior to the issuance of the report, requested a copy in writing, shall notify the Commissioner<\/span>, all applicants, and the regional health planning agency<\/span>, in writing and under oath<\/span>, stating the grounds for good cause<\/span> and providing the factual basis therefor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In any case in which an informal fact<\/span>-finding<\/span> conference is held, a date shall be established for the closing of the record which shall not be more than 30 calendar days after the date for holding the informal fact<\/span>-finding<\/span> conference. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> In any case in which an informal fact<\/span>-finding<\/span> conference is not held, the record shall be closed on the earlier of (i) the date established for holding the informal fact<\/span>-finding<\/span> conference or (ii) the date that the Department<\/span> determines an informal fact<\/span>-finding<\/span> conference is not necessary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The provisions of subsection C of § 2.2-4021<\/a> notwithstanding, if a determination whether a public need exists for a project<\/span> is not made by the Commissioner<\/span> within 45 calendar days of the closing of the record, the Commissioner<\/span> shall notify the applicant or applicants and any persons<\/span> seeking to show good cause<\/span>, in writing, that the application<\/span> or the application<\/span> of each shall be deemed approved 25 calendar days after expiration of such 45-calendar-day period, unless the receipt of recommendations from the person<\/span> performing the hearing<\/span> officer functions permits the Commissioner<\/span> to issue<\/span> his case decision within that 25-calendar-day period. The validity or timeliness of the aforementioned notice shall not, in any event, prevent, delay or otherwise impact the effectiveness of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> In any case when a determination whether a public need exists for a project<\/span> is not made by the Commissioner<\/span> within 70 calendar days after the closing of the record, the application<\/span> shall be deemed to be approved and the certificate<\/span> shall be granted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> If a determination whether a public need exists for a project<\/span> is not made by the Commissioner<\/span> within 45 calendar days of the closing of the record, any applicant who is competing in the relevant batch or who has filed an application<\/span> in response to the relevant Request For Applications<\/span> issued pursuant to § 32.1-102.3:2<\/a> may, prior to the application<\/span> being deemed approved, petition<\/span> for immediate injunctive relief pursuant to § 2.2-4030<\/a>, naming as respondents the Commissioner<\/span> and all parties to the case. During the pendency of the proceeding, no applications<\/span> shall be deemed to be approved. In such a proceeding, the provisions of § 2.2-4030<\/a> shall apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Deemed approvals shall be construed as the Commissioner<\/span>’s case decision on the application<\/span> pursuant to the Administrative Process Act (§ 2.2-4000<\/a> et seq.) and shall be subject to judicial review on appeal<\/span> as the Commissioner<\/span>’s case decision in accordance with such act.\n\t\t\tAny person<\/span> who has sought to participate in the Department<\/span>’s review of such deemed-to-be-approved application<\/span> as a person<\/span> showing good cause<\/span> who has not received a final determination from the Commissioner<\/span> concerning such attempt to show good cause<\/span> shall be deemed to be a person<\/span> showing good cause<\/span> for purposes of appeal<\/span> of the deemed approval of the certificate<\/span>.\n\t\t\tIn any appeal<\/span> of the Commissioner<\/span>’s case decision granting a certificate<\/span> of public need pursuant to a Request for Applications<\/span> issued pursuant to § 32.1-102.3:2<\/a>, the court<\/span> may require the appellant<\/span> to file a bond<\/span> pursuant to § 8.01-676.1<\/a>, in such sum as shall be fixed by the court<\/span> for protection of all parties interested in the case decision, conditioned on the payment of all damages<\/span> and costs incurred in consequence of such appeal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> For purposes of this section, “good cause<\/span>” means that (i) there is significant relevant information not previously presented at and not available at the time of the public hearing<\/span>, (ii) there have been significant changes in factors or circumstances relating to the application<\/span> subsequent to the public hearing<\/span>, or (iii) there is a substantial material<\/span> mistake of fact<\/span> or law<\/span> in the Department<\/span> staff’s report on the application<\/span> or in the report submitted by the health planning agency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The project<\/span> review procedures shall provide for separation of the project<\/span> review manager functions from the hearing<\/span> officer functions. No person<\/span> serving in the role of project<\/span> review manager shall serve as a hearing<\/span> officer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The applicants, and only the applicants, shall have the authority to extend any of the time periods specified in this section. If all applicants consent to extending any time period in this section, the Commissioner<\/span>, with the concurrence of the applicants, shall establish a new schedule for the remaining time periods. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> This section shall not apply to applications<\/span> for certificates<\/span> for projects<\/span> that meet the criteria for the expedited application<\/span> and review process established in subdivision A 5 of § 32.1-102.2<\/a>. Such projects<\/span> shall be subject to an expedited application<\/span> and review process developed by the Board<\/span> in regulation pursuant to subdivisions A 2 and 5 of § 32.1-102.2<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMINISTRATIVE PROCEDURES (\u00a7 32.1-102.6)\n\nA. To obtain a certificate for a project, the applicant shall file a completed\napplication for a certificate with the Department and the appropriate regional\nhealth planning agency if a regional health planning agency has been designated\nfor that region. Such application shall be filed in accordance with procedures\nestablished by the Department. An application submitted for review shall be\nconsidered complete when all relevant sections of the application form have\nresponses. The applicant shall provide sufficient information to prove public\nneed for the requested project exists without the addition of supplemental or\nsupporting material at a later date. The Department shall ensure that only data\nnecessary for review of an application is required to be submitted and that the\napplication reflects statutory requirements. Nothing in this section shall\nprevent the Department from seeking, at its discretion, additional information\nfrom the applicant or other sources.\n\t\t\tWithin 10 calendar days of the date on which the document is received, the\nDepartment and the appropriate regional health planning agency, if a regional\nhealth planning agency has been designated, shall determine whether the\napplication is complete or not and the Department shall notify the applicant, if\nthe application is not complete, of the information needed to complete the\napplication. If no regional health planning agency is designated for the health\nplanning region in which the project will be located, no filing with a regional\nhealth planning agency is required and the Department shall determine if the\napplication is complete and notify the applicant, if the application is not\ncomplete, of the information needed to complete the application.\n\t\t\tAt least 30 calendar days before any person is contractually obligated to\nacquire an existing medical care facility, the cost of which is $600,000 or\nmore, that person shall notify the Commissioner and the appropriate regional\nhealth planning agency, if a regional health planning agency has been\ndesignated, of the intent, the services to be offered in the facility, the bed\ncapacity in the facility and the projected impact that the cost of the\nacquisition will have upon the charges for services to be provided. If clinical\nservices or beds are proposed to be added as a result of the acquisition, the\nCommissioner may require the proposed new owner to obtain a certificate prior to\nthe acquisition. If no regional health planning agency is designated for the\nhealth planning region in which the acquisition will take place, no notification\nto a regional health planning agency shall be required.\n\nB. For projects proposed in health planning regions with regional planning\nagencies, the appropriate regional health planning agency shall (i) review each\ncompleted application for a certificate within 60 calendar days of the day that\nbegins the appropriate batch review cycle as established by the Board by\nregulation pursuant to subdivision A 1 of § 32.1-102.2, such cycle not to\nexceed 190 days in duration; (ii) within 10 calendar days following the start of\nthe review cycle, solicit public comment on such application by posting notice\nof such application and a summary of the proposed project on a website\nmaintained by the Department; such notice shall include information about how\ncomments may be submitted to the regional health planning agency and the date on\nwhich the public comment period shall expire, which shall be no later than 45\ncalendar days following the date of the public notice; and (iii) in the case of\ncompeting applications or in response to a written request by an elected local\ngovernment representative, a member of the General Assembly, the Commissioner,\nthe applicant, or a member of the public, hold one public hearing on each\napplication in a location in the county or city in which the project is proposed\nor a contiguous county or city. Prior to any required public hearing, the\nregional health planning agency shall notify the local governing bodies in the\nplanning district. At least nine days prior to the public hearing, the regional\nhealth planning agency shall cause notice of the public hearing to be published\nin a newspaper of general circulation in the county or city where the project is\nproposed to be located. The regional health planning agency shall consider the\ncomments of the local governing bodies in the planning district and all other\npublic comments in making its decision. Such comments shall be part of the\nrecord. In no case shall a regional health planning agency hold more than two\nmeetings on any application, one of which shall be the public hearing required\npursuant to clause (iii), if any, conducted by the board of the regional health\nplanning agency or a subcommittee of the board. The applicant shall be given the\nopportunity, prior to the vote by the board of the regional health planning\nagency or a committee of the agency, if acting for the board, on its\nrecommendation, to respond to any comments made about the project by the\nregional health planning agency staff, any information in a regional health\nplanning agency staff report, or comments by those voting members of the\nregional health planning agency board; however, such opportunity shall not\nincrease the 60-calendar-day period designated herein for the regional health\nplanning agency’s review unless the applicant or applicants request a\nspecific extension of the regional health planning agency’s review period.\n\t\t\tThe regional health planning agency shall submit its recommendations on each\napplication and its reasons therefor to the Department within 10 calendar days\nafter the completion of its 60-calendar-day review or such other period in\naccordance with the applicant’s request for extension.\n\t\t\tIf the regional health planning agency has not completed its review within\nthe specified 60 calendar days or such other period in accordance with the\napplicant’s request for extension and submitted its recommendations on the\napplication and the reasons therefor within 10 calendar days after the\ncompletion of its review, the Department shall, on the eleventh calendar day\nafter the expiration of the regional health planning agency’s review\nperiod, proceed as though the regional health planning agency has recommended\nproject approval without conditions or revision.\n\t\t\tIf no regional health planning agency has been designated for a region, the\nDepartment shall (a) within 10 calendar days following the start of the review\ncycle, solicit public comment on such application by posting notice of such\napplication and a summary of the proposed project on a website maintained by the\nDepartment; such notice shall include such information about how comments may be\nsubmitted to the Department and the date on which the public comment period\nshall expire, which shall be no later than 45 calendar days following the date\nof the public notice, and (b) in the case of competing applications or in\nresponse to a written request by an elected local government representative, a\nmember of the General Assembly, the Commissioner, the applicant, or a member of\nthe public, hold one hearing on each application in a location in the county or\ncity in which the project is proposed or a contiguous county or city. Prior to\nany required hearing, the Department shall notify the local governing bodies in\nthe planning district in which the project is proposed. At least nine days prior\nto the public hearing, the Department shall cause notice of the public hearing\nto be published in a newspaper of general circulation in the county or city\nwhere the project is proposed to be located. The Department shall consider the\ncomments of the local governing bodies in the planning district and all other\npublic comments in making its decision. Such comments shall be part of the\nrecord.\n\nC. After commencement of any public hearing and before a decision is made there\nshall be no ex parte contacts concerning the subject certificate or its\napplication between (i) any person acting on behalf of the applicant or holder\nof a certificate or any person opposed to the issuance or in favor of revocation\nof a certificate of public need and (ii) any person in the Department who has\nauthority to make a determination respecting the issuance or revocation of a\ncertificate of public need, unless the Department has provided advance notice to\nall parties referred to in clause (i) of the time and place of such proposed\ncontact.\n\nD. The Department shall commence the review of each completed application upon\nthe day which begins the appropriate batch review cycle and simultaneously with\nthe review conducted by the regional health planning agency, if a regional\nhealth planning agency has been designated.\n\t\t\tA determination whether a public need exists for a project shall be made by\nthe Commissioner within 190 calendar days of the day which begins the\nappropriate batch cycle.\n\t\t\tThe 190-calendar-day review period shall begin on the date upon which the\napplication is determined to be complete within the batching process specified\nin subdivision A 1 of § 32.1-102.2.\n\t\t\tIf the application is not determined to be complete within 40 calendar days\nfrom submission, the application shall be refiled in the next batch for like\nprojects.\n\t\t\tThe Commissioner shall make determinations in accordance with the provisions\nof the Administrative Process Act (§ 2.2-4000 et seq.) except for those\nparts of the determination process for which timelines and specifications are\ndelineated in subsection E. Further, if an informal fact-finding conference is\ndetermined to be necessary by the Department or is requested by a person seeking\ngood cause standing, the parties to the case shall include only the applicant,\nany person showing good cause, any third-party payor providing health care\ninsurance or prepaid coverage to five percent or more of the patients in the\napplicant’s service area, and the relevant health planning agency.\n\nE. Upon entry of each completed application or applications into the appropriate\nbatch review cycle:\n\n 1. The Department shall establish, for every application, a date between the\n eightieth and ninetieth calendar days within the 190-calendar-day review\n period for holding an informal fact-finding conference, if such conference is\n necessary.\n\n 2. The Department shall review every application at or before the\n seventy-fifth calendar day within the 190-calendar-day review period to\n determine whether an informal fact-finding conference is necessary.\n\n 3. Any person seeking to be made a party to the case for good cause, no later\n than four days after the Department has completed its review and submitted its\n recommendation on an application and has transmitted the same to the\n applicants and to persons who have, prior to the issuance of the report,\n requested a copy in writing, shall notify the Commissioner, all applicants,\n and the regional health planning agency, in writing and under oath, stating\n the grounds for good cause and providing the factual basis therefor.\n\n 4. In any case in which an informal fact-finding conference is held, a date\n shall be established for the closing of the record which shall not be more\n than 30 calendar days after the date for holding the informal fact-finding\n conference.\n\n 5. In any case in which an informal fact-finding conference is not held, the\n record shall be closed on the earlier of (i) the date established for holding\n the informal fact-finding conference or (ii) the date that the Department\n determines an informal fact-finding conference is not necessary.\n\n 6. The provisions of subsection C of § 2.2-4021 notwithstanding, if a\n determination whether a public need exists for a project is not made by the\n Commissioner within 45 calendar days of the closing of the record, the\n Commissioner shall notify the applicant or applicants and any persons seeking\n to show good cause, in writing, that the application or the application of\n each shall be deemed approved 25 calendar days after expiration of such\n 45-calendar-day period, unless the receipt of recommendations from the person\n performing the hearing officer functions permits the Commissioner to issue his\n case decision within that 25-calendar-day period. The validity or timeliness\n of the aforementioned notice shall not, in any event, prevent, delay or\n otherwise impact the effectiveness of this section.\n\n 7. In any case when a determination whether a public need exists for a project\n is not made by the Commissioner within 70 calendar days after the closing of\n the record, the application shall be deemed to be approved and the certificate\n shall be granted.\n\n 8. If a determination whether a public need exists for a project is not made\n by the Commissioner within 45 calendar days of the closing of the record, any\n applicant who is competing in the relevant batch or who has filed an\n application in response to the relevant Request For Applications issued\n pursuant to § 32.1-102.3:2 may, prior to the application being deemed\n approved, petition for immediate injunctive relief pursuant to §\n 2.2-4030, naming as respondents the Commissioner and all parties to the case.\n During the pendency of the proceeding, no applications shall be deemed to be\n approved. In such a proceeding, the provisions of § 2.2-4030 shall apply.\n\nF. Deemed approvals shall be construed as the Commissioner’s case decision\non the application pursuant to the Administrative Process Act (§ 2.2-4000\net seq.) and shall be subject to judicial review on appeal as the\nCommissioner’s case decision in accordance with such act.\n\t\t\tAny person who has sought to participate in the Department’s review of\nsuch deemed-to-be-approved application as a person showing good cause who has\nnot received a final determination from the Commissioner concerning such attempt\nto show good cause shall be deemed to be a person showing good cause for\npurposes of appeal of the deemed approval of the certificate.\n\t\t\tIn any appeal of the Commissioner’s case decision granting a\ncertificate of public need pursuant to a Request for Applications issued\npursuant to § 32.1-102.3:2, the court may require the appellant to file a\nbond pursuant to § 8.01-676.1, in such sum as shall be fixed by the court\nfor protection of all parties interested in the case decision, conditioned on\nthe payment of all damages and costs incurred in consequence of such appeal.\n\nG. For purposes of this section, “good cause” means that (i) there\nis significant relevant information not previously presented at and not\navailable at the time of the public hearing, (ii) there have been significant\nchanges in factors or circumstances relating to the application subsequent to\nthe public hearing, or (iii) there is a substantial material mistake of fact or\nlaw in the Department staff’s report on the application or in the report\nsubmitted by the health planning agency.\n\nH. The project review procedures shall provide for separation of the project\nreview manager functions from the hearing officer functions. No person serving\nin the role of project review manager shall serve as a hearing officer.\n\nI. The applicants, and only the applicants, shall have the authority to extend\nany of the time periods specified in this section. If all applicants consent to\nextending any time period in this section, the Commissioner, with the\nconcurrence of the applicants, shall establish a new schedule for the remaining\ntime periods.\n\nJ. This section shall not apply to applications for certificates for projects\nthat meet the criteria for the expedited application and review process\nestablished in subdivision A 5 of § 32.1-102.2. Such projects shall be\nsubject to an expedited application and review process developed by the Board in\nregulation pursuant to subdivisions A 2 and 5 of § 32.1-102.2.\n\nHISTORY: 1982, c. 388; 1984, c. 740; 1991, c. 561; 1999, cc. 899, 922; 2000, c.\n931; 2004, cc. 71, 95; 2005, c. 404; 2009, c. 175; 2010, c. 646; 2020, c. 1271;\n2025, c. 325.","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}}