{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-125.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-125.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-125.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-125.3.html"}],"law_id":58917,"edition_id":1,"section_id":58917,"structure_id":12729,"section_number":"32.1-125.3","catch_line":"Bed capacity and licensure in hospitals designated as critical access hospitals; designation as rural hospital","history":"2001, c. 579; 2006, c. 378.","full_text":"A\n\nAny medical care facility licensed as a hospital pursuant to this article that (i) has been certified, as provided in § 32.1-122.07, as a critical access hospital by the Commissioner of Health in compliance with the certification regulations promulgated by the Health Care Financing Administration pursuant to Title XVIII of the Social Security Act, as amended, and (ii) has, as a result of the critical access certification, been required to reduce its licensed bed capacity to conform to the critical access certification requirement shall, upon termination of its critical access hospital certification, be licensed to operate at the licensed bed capacity in existence prior to the critical access hospital certification without being required to apply for and obtain a certificate of public need for such bed capacity in accordance with Article 1.1 (§ 32.1-102.1 et seq.) of Chapter 4 of this title.B\n\nAny medical care facility licensed as a hospital shall be considered a rural hospital on and after September 30, 2004, pursuant to 42 U.S.C. § 1395ww (d)(8)(E)(ii)(II), if (i) the hospital is located in an area defined as rural by federal statute or regulation; (ii) the Board of Health defines, in regulation, the area in which the hospital is located as a rural health area or the hospital as a rural hospital; or (iii) the hospital was designated, prior to October 1, 2004, as a Medicare-dependent small rural health hospital, as defined in 42 U.S.C. § 1395ww (d)(5)(G)(iv).","order_by":null,"text":{"0":{"id":216023,"text":"Any medical care facility licensed as a hospital pursuant to this article that (i) has been certified, as provided in § 32.1-122.07, as a critical access hospital by the Commissioner of Health in compliance with the certification regulations promulgated by the Health Care Financing Administration pursuant to Title XVIII of the Social Security Act, as amended, and (ii) has, as a result of the critical access certification, been required to reduce its licensed bed capacity to conform to the critical access certification requirement shall, upon termination of its critical access hospital certification, be licensed to operate at the licensed bed capacity in existence prior to the critical access hospital certification without being required to apply for and obtain a certificate of public need for such bed capacity in accordance with Article 1.1 (§ 32.1-102.1 et seq.) of Chapter 4 of this title.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":216024,"text":"Any medical care facility licensed as a hospital shall be considered a rural hospital on and after September 30, 2004, pursuant to 42 U.S.C. § 1395ww (d)(8)(E)(ii)(II), if (i) the hospital is located in an area defined as rural by federal statute or regulation; (ii) the Board of Health defines, in regulation, the area in which the hospital is located as a rural health area or the hospital as a rural hospital; or (iii) the hospital was designated, prior to October 1, 2004, as a Medicare-dependent small rural health hospital, as defined in 42 U.S.C. § 1395ww (d)(5)(G)(iv).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":12729,"edition_id":1,"name":"Hospital and Nursing Home Licensure and Inspection","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12728,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202857,"object_type":"structure","relational_id":12729,"identifier":"1","token":"32.1\/5\/1","url":"\/32.1\/5\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12728,"edition_id":1,"name":"Regulation of Medical Care Facilities and Services","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202855,"object_type":"structure","relational_id":12728,"identifier":"5","token":"32.1\/5","url":"\/32.1\/5\/","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":80727,"structure_id":12729,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","url":"\/32.1-123\/","token":"32.1\/5\/1\/32.1-123","metadata":false},{"id":75042,"structure_id":12729,"section_number":"32.1-124","catch_line":"Exemptions","url":"\/32.1-124\/","token":"32.1\/5\/1\/32.1-124","metadata":false},{"id":58545,"structure_id":12729,"section_number":"32.1-125","catch_line":"Establishment or operation of hospitals and nursing homes prohibited without license or certification; 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This law was first created in 2001. The record of its establishment is cataloged in chapter 579<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2006, chapter 378<\/a>.<\/p>","references":false,"refers_to":[{"id":77111,"section_number":"32.1-102.1","catch_line":"Definitions","order_by":null,"url":"\/32.1-102.1\/"},{"id":84079,"section_number":"32.1-122.07","catch_line":"(Effective July 1, 2028) Authority of Commissioner for certain health planning activities; rural health plan; designation as a rural hospital","order_by":null,"url":"\/32.1-122.07\/"}],"permalink":{"id":202883,"object_type":"law","relational_id":58917,"identifier":"32.1-125.3","token":"32.1\/5\/1\/32.1-125.3","url":"\/32.1-125.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-125.3\/","token":"32.1\/5\/1\/32.1-125.3","dublin_core":{"Title":"Bed capacity and licensure in hospitals designated as critical access hospitals; designation as rural hospital","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-125.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any medical care facility<\/span> licensed as a hospital<\/span> pursuant to this article that (i) has been certified, as provided in § 32.1-122.07<\/a>, as a critical access hospital<\/span> by the Commissioner<\/span> of Health in compliance with the certification regulations promulgated by the Health Care Financing Administration pursuant to Title XVIII of the Social Security Act, as amended, and (ii) has, as a result of the critical access certification, been required to reduce its licensed bed capacity to conform to the critical access certification requirement shall, upon termination of its critical access hospital<\/span> certification, be licensed to operate at the licensed bed capacity in existence prior to the critical access hospital<\/span> certification without being required to apply for and obtain a certificate of public need for such bed capacity in accordance with Article 1.1 (§ 32.1-102.1<\/a> et seq.) of Chapter 4 of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any medical care facility<\/span> licensed as a hospital<\/span> shall be considered a rural hospital<\/span> on and after September 30, 2004, pursuant to 42 U.S.C. § 1395ww (d)(8)(E)(ii)(II), if (i) the hospital<\/span> is located in an area defined as rural by federal statute<\/span> or regulation; (ii) the Board<\/span> of Health defines, in regulation, the area in which the hospital<\/span> is located as a rural health area or the hospital<\/span> as a rural hospital<\/span>; or (iii) the hospital<\/span> was designated, prior to October 1, 2004, as a Medicare-dependent small rural health hospital<\/span>, as defined in 42 U.S.C. § 1395ww (d)(5)(G)(iv). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBED CAPACITY AND LICENSURE IN HOSPITALS DESIGNATED AS CRITICAL ACCESS HOSPITALS;\nDESIGNATION AS RURAL HOSPITAL (\u00a7 32.1-125.3)\n\nA. Any medical care facility licensed as a hospital pursuant to this article\nthat (i) has been certified, as provided in § 32.1-122.07, as a critical\naccess hospital by the Commissioner of Health in compliance with the\ncertification regulations promulgated by the Health Care Financing\nAdministration pursuant to Title XVIII of the Social Security Act, as amended,\nand (ii) has, as a result of the critical access certification, been required to\nreduce its licensed bed capacity to conform to the critical access certification\nrequirement shall, upon termination of its critical access hospital\ncertification, be licensed to operate at the licensed bed capacity in existence\nprior to the critical access hospital certification without being required to\napply for and obtain a certificate of public need for such bed capacity in\naccordance with Article 1.1 (§ 32.1-102.1 et seq.) of Chapter 4 of this\ntitle.\n\nB. Any medical care facility licensed as a hospital shall be considered a rural\nhospital on and after September 30, 2004, pursuant to 42 U.S.C. § 1395ww\n(d)(8)(E)(ii)(II), if (i) the hospital is located in an area defined as rural by\nfederal statute or regulation; (ii) the Board of Health defines, in regulation,\nthe area in which the hospital is located as a rural health area or the hospital\nas a rural hospital; or (iii) the hospital was designated, prior to October 1,\n2004, as a Medicare-dependent small rural health hospital, as defined in 42\nU.S.C. § 1395ww (d)(5)(G)(iv).\n\nHISTORY: 2001, c. 579; 2006, c. 378.","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}}