                                 CODE OF VIRGINIA

PROVISIONAL AND CONDITIONAL LICENSES (§ 37.2-415)

The Commissioner may issue a provisional license at any time to a provider that
has previously been fully licensed when the provider is temporarily unable to
comply with all licensing standards. The maximum term of a provisional license
shall be six months. A provisional license may be renewed for a period not to
exceed six months if the provider is not able to demonstrate compliance with all
licensing regulations but demonstrates progress towards compliance. However, in
no case shall the total period of provisional licensure exceed 12 successive
months. A provisional license shall be prominently displayed by the provider in
a format determined by the Commissioner at the site of the affected service and
shall indicate thereon the violations of licensing standards to be corrected and
the expiration date of the license. The Department shall direct any provider who
is issued a provisional license to review all pertinent state and federal
regulations and other contractual agents with payor sources to determine any
limitations that may be placed on such provider by any other agency of the
Commonwealth, including restrictions on reimbursement that may be imposed by the
Department of Medical Assistance Services. Whenever the Commissioner issues a
provisional license, the provisions of the Administrative Process Act (§
2.2-4000 et seq.) shall apply. Any person aggrieved by the final decision of the
Commissioner to issue a provisional license shall be entitled to judicial review
of such decision in accordance with the provisions of the Administrative Process
Act (§ 2.2-4000 et seq.). If the provider waives his right to appeal by signing
a consent agreement, the consent agreement shall direct the provider to review
all pertinent state and federal regulations and contractual agents to determine
any restrictions on reimbursement that may be imposed by other state agencies or
payor sources, and the Commissioner shall provide a copy of the consent
agreement to the Department of Medical Assistance Services.
		The Commissioner may issue a conditional license to a provider to operate a
new service in order to permit the provider to demonstrate compliance with all
licensing standards. The maximum term of a conditional license shall be six
months. A conditional license may be renewed, but in no case, whether renewed or
not, shall the total period of conditional licensing be longer than 12
successive months.

HISTORY: 1980, c. 582, § 37.1-183.2; 1990, c. 311; 2001, cc. 486, 506; 2005, c.
716; 2014, c. 497; 2023, c. 781.