SB 764 Virginia Senate · 2020 Regular Session

Certificate of public need; revises the Medical Care Facilities Certificate of Public Need Program.

Summary
Certificate of public need. Revises the Medical Care Facilities Certificate of Public Need Program. The bill (i) removes from the list of reviewable medical care facilities specialized centers or clinics or that portion of a physician's office developed for the provision of lithotripsy, magnetic source imaging, or nuclear medicine imaging; (ii) removes from the definition of project introduction into an existing medical care facility of any new lithotripsy, magnetic source imaging, or obstetrical service that the facility has never provided or has not provided in the previous 12 months and the addition by an existing medical care facility of any medical equipment for the provision of lithotripsy and magnetic source imaging; (iii) creates a new process for registration of projects exempted from the definition of project by the bill; (iv) renames the State Medical Facilities Plan as the State Health Services Plan and establishes a State Health Services Plan task force to provide recommendations related to the content of the State Health Services Plan; (v) clarifies the content of the application for a certificate; (vi) reduces the timeline for a person to be made party to the case for good cause from 80 calendar days to four days following completion of the review and submission of recommendations related to an application; (vii) requires the Commissioner of Health to condition issuance of a certificate upon the agreement of the applicant to provide care to individuals who are eligible for benefits under Title XVIII of the Social Security Act (42 U.S.C. § 1395 et seq.), Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.), and 10 U.S.C. § 1071 et seq. and permits the Commissioner to condition the issuance of a certificate on the agreement of the applicant to provide specialty medical services in addition to existing options for conditioning certificates; (viii) requires every certificate holder to develop a financial assistance policy that includes specific eligibility criteria and procedures for applying for charity care, which shall be provided to a patient at the time of admission or discharge or at the time services are provided, included with any billing statements sent to uninsured patients, posted conspicuously in public areas of the medical care facility for which the certificate was issued and posted on a website maintained by the certificate holder; (ix) eliminates the requirement that a person willfully fail, refuse, or neglect to comply with a plan of correction to be subject to a civil penalty so that any failure, refusal, or neglecting to comply with a plan of correction may subject the person to a civil penalty; and (x) provides that the Commissioner may consider any changes in the circumstances of the certificate holder resulting from changes in the financing or delivery of health care services, including changes to the Commonwealth's program of medical assistance services, and any other specific circumstances of the certificate holder when determining whether conditions imposed on a certificate continue to be appropriate. The bill also (a) directs the Department of Health to develop recommendations to reduce the duration of the average review cycle for applications for certificates of public need to not more than 120 days and to report on its recommendations to the Governor and the General Assembly no later than December 1, 2020, and (b) directs the Secretary of Health and Human Resources to implement a system to ensure that data needed to evaluate whether an application for a certificate is consistent with the State Health Services Plan and is timely and reliable; to make all public records pertaining to applications for certificates and the review process available in real time in a searchable, digital format online; to make an inventory of capacity authorized by certificates of public need, both operational and not yet operational, available in a digital format online; and to establish a public education and outreach program designed to improve public awareness of the certificate of public need process and the public's role in such process by January 1, 2021. The provisions of this bill are contingent on funding in a general appropriation act.
Bill status signed all 5 stages cleared
Introduction
Jan 2020
Committee Review
Feb 2020
Senate Passage
Apr 2020
House of Delegates Passage
Apr 2020
Signed into Law
Apr 2020
Introduced Jan 8, 2020 Signed Apr 22, 2020
Floor votes

How they voted

This bill passed the Senate. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
52
Key actions
15
Committee
12
Amendments
3
Apr 22, 2020
Executive · Passed
Governor's recommendation adopted
executive
Apr 22, 2020
Lower · Passed
House concurred in Governor's recommendation (86-Y 7-N)
lower
Apr 22, 2020
Upper · Passed
Senate concurred in Governor's recommendation (25-Y 15-N)
upper
Feb 26, 2020
Upper · Passed
Passed by temporarily
upper
Feb 25, 2020
Upper · Passed
Passed by for the day
upper
Feb 21, 2020
Lower · Passed
Passed House with substitute BLOCK VOTE (98-Y 0-N)
lower
Feb 21, 2020
Lower · Passed
Engrossed by House - committee substitute SB764H1
lower
Feb 21, 2020
Lower · Passed
Committee substitute agreed to 20108477D-H1
lower
Feb 18, 2020
Lower · Passed
Reported from Health, Welfare and Institutions with substitute (22-Y 0-N)
lower
Feb 18, 2020
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Feb 14, 2020
Committee
Referred to Committee on Health, Welfare and Institutions
lower
Feb 11, 2020
Upper · Passed
Passed Senate (20-Y 19-N)
upper
Feb 11, 2020
Introduced
Engrossed by Senate as amended SB764E
upper
Feb 11, 2020
Upper · Passed
Committee amendment agreed to
upper
Feb 11, 2020
Introduced
Reading of amendment waived
upper
Feb 11, 2020
Upper · Passed
Committee amendments agreed to
upper
Feb 11, 2020
Introduced
Reading of amendments waived
upper
Feb 6, 2020
Upper · Passed
Reported from Finance and Appropriations with amendment (16-Y 0-N)
upper
Feb 6, 2020
Committee
Rereferred to Finance and Appropriations
upper
Feb 6, 2020
Upper · Passed
Reported from Education and Health with amendments (9-Y 6-N)
upper
Jan 27, 2020
Committee
Assigned Education sub: Certificate of Public Need
upper
Jan 8, 2020
Committee
Referred to Committee on Education and Health
upper
Jan 8, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20103707D
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
GB
George Barker
DDemocratic
VA
39