Certificate of public need; revises the Medical Care Facilities Certificate of Public Need Program.
Summary
Certificate of public need. Revises the Medical CareFacilities Certificate of Public Need Program. The bill (i) removes from thelist of reviewable medical care facilities specialized centers or clinics orthat portion of a physician's office developed for the provision oflithotripsy, magnetic source imaging, or nuclear medicine imaging; (ii) removesfrom the definition of project introduction into an existing medical carefacility of any new lithotripsy, magnetic source imaging, or obstetricalservice that the facility has never provided or has not provided in theprevious 12 months and addition by an existing medical care facility of anymedical equipment for the provision of lithotripsy and magnetic source imaging;(iii) creates a new process for registration of projects exempted from thedefinition of project by the bill; (iv) renames the State Medical FacilitiesPlan as the State Health Services Plan and establishes a State Health ServicesPlan task force to provide recommendations related to the content of the StateHealth Services Plan; (v) clarifies the content of the application for acertificate; (vi) reduces the timeline for a person to be made party to thecase for good cause from 80 calendar days to four days following completion ofthe review and submission of recommendations related to an application; (vii)requires the Commissioner of Health to condition issuance of a certificate uponthe agreement of the applicant to provide care to individuals who are eligiblefor benefits under Title XVIII of the Social Security Act (42 U.S.C. § 1395 etseq.), Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.), and 10U.S.C. § 1071 et seq. and permits the Commissioner to condition the issuance ofa certificate on the agreement of the applicant to provide specialty medicalservices or to pay assessments or make contributions into the Health CareCoverage Assessment Fund, in addition to existing options for conditioningcertificates; (viii) requires every certificate holder to develop a financialassistance policy that includes specific eligibility criteria and proceduresfor applying for charity care, which shall be provided to a patient at the timeof admission or discharge or at the time services are provided, included with anybilling statements sent to uninsured patients, posted conspicuously in publicareas of the medical care facility for which the certificate was issued andposted on a website maintained by the certificate holder; (ix) eliminates thata person willfully fail, refuse, or neglect to comply with a plan of correctionto be subject to a civil penalty so that any failure, refusal, or neglecting tocomply with a plan of correction may subject the person to a civil penalty; and(x) provides that the Commissioner may consider any changes in thecircumstances of the certificate holder resulting from changes in the financingor delivery of health care services, including changes to the Commonwealth'sprogram of medical assistance services, and any other specific circumstances ofthe certificate holder when determining whether conditions imposed on acertificate continue to be appropriate. The bill also (a) directs the Department of Health to developrecommendations to reduce the duration of the average review cycle for applicationsfor certificates of public need to not more than 120 days and to report on itsrecommendations to the Governor and the General Assembly no later than December1, 2020, and (b) directs the Secretary of Health and Human Resources toimplement a system to ensure that data needed to evaluate whether anapplication for a certificate is consistent with the State Health Services Planis timely and reliable; to make all public records pertaining to applicationsfor certificates and the review process available in real time in a searchable,digital format online; to make an inventory of capacity authorized bycertificates of public need, both operational and not yet operational,available in a digital format online; and to establish a public education andoutreach program designed to improve public awareness of the certificate ofpublic need process and the public's role in such process by January 1, 2021.
Bill status
failed
4 of 5 stages cleared
Introduction
Jan 2020
Committee Review
Feb 2020
House of Delegates Passage
Feb 2020
Senate Passage
Feb 2020
Governor
Introduced Jan 7, 2020
Last action Mar 12, 2020
Floor votes
How they voted
This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
47
Key actions
17
Committee
21
Amendments
3
Feb 26, 2020
Upper · Passed
Senate requested conference committee
upper
Feb 26, 2020
Introduced
Senate insisted on amendments (40-Y 0-N)
upper
Feb 26, 2020
Upper · Passed
Passed Senate with substitute with amendments (37-Y 3-N)
upper
Feb 26, 2020
Upper · Passed
Engrossed by Senate - committee substitute HB879S1
upper
Feb 26, 2020
Upper · Passed
Committee amendments agreed to
upper
Feb 26, 2020
Introduced
Reading of amendments waived
upper
Feb 26, 2020
Upper · Passed
Committee substitute agreed to 20108642D-S1
upper
Feb 25, 2020
Upper · Passed
Reported from Finance and Appropriations with amendments (12-Y 4-N)
upper
Feb 20, 2020
Committee
Rereferred to Finance and Appropriations
upper
Feb 20, 2020
Upper · Passed
Reported from Education and Health with substitute (9-Y 5-N 1-A)
upper
Feb 11, 2020
Committee
Referred to Committee on Education and Health
upper
Feb 10, 2020
Lower · Passed
Read third time and passed House (97-Y 1-N)
lower
Feb 7, 2020
Introduced
Engrossed by House as amended HB879E
lower
Feb 7, 2020
Lower · Passed
Committee on Appropriations amendments agreed to
lower
Feb 7, 2020
Lower · Passed
Committee on Health, Welfare and Institutions amendments agreed to
lower
Feb 5, 2020
Lower · Passed
Reported from Appropriations with amendments (20-Y 1-N)
lower
Feb 5, 2020
Lower · Passed
Subcommittee recommends reporting with amendments (8-Y 0-N)
lower
Feb 5, 2020
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Feb 4, 2020
Committee
Referred to Committee on Appropriations
lower
Feb 4, 2020
Lower · Passed
Reported from Health, Welfare and Institutions with amendments (22-Y 0-N)
lower
Feb 4, 2020
Committee
Assigned App. sub: Health & Human Resources
lower
Feb 3, 2020
Lower · Passed
Subcommittee recommends referring to Committee on Appropriations
lower
Feb 3, 2020
Lower · Passed
Subcommittee recommends reporting with amendments (8-Y 0-N)
lower
Feb 3, 2020
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Jan 17, 2020
Committee
Assigned HWI sub: Health
lower
Jan 7, 2020
Committee
Referred to Committee on Health, Welfare and Institutions
lower
Jan 7, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20101264D
lower
1 primary · 1 co-sponsor
Sponsors
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