2011 Code of Virginia
Title 32.1 HEALTH.
Chapter 4 Health Care Planning (32.1-93 thru 32.1-122.22)
32.1-102.3:5 Relocation of certain nursing home beds under limited circumstances

32.1-102.3:5. Relocation of certain nursing home beds under limited circumstances.

A. Notwithstanding (i) the provisions of 32.1-102.3 and 32.1-102.3:2, (ii) any regulations of the Board establishing standards for the approval and issuance of Requests for Applications, and (iii) the provisions of any current Requests for Applications issued by the Commissioner pursuant to 32.1-102.3:2, the Commissioner shall accept applications and may issue certificates of public need for nursing home beds when such beds are a relocation from one facility to another facility under common ownership or control, regardless of whether they are in the same planning district, if, as of December 31 of the year preceding the year in which relocation is proposed, the following criteria are met:

1. The occupancy rate of the facility seeking to relocate beds, based upon the total number of beds for which the facility is licensed, was less than 67 percent;

2. Greater than 25 percent of the residents of the facility from which beds are to be relocated, immediately prior to moving to the facility, resided outside the planning district in which the facility is located; and

3. Any facility to which beds are to be relocated has experienced an average occupancy rate that meets or exceeds 90 percent.

B. A relocation of nursing home beds under the circumstances described herein shall not constitute a "project" as defined in 32.1-102.1. An entity may not relocate more than two-thirds of the total number of beds for which the facility was licensed prior to any relocation pursuant to this section. In addition, any entity that has relocated beds pursuant to this section and thereafter given the Commissioner notice of its intention to close the facility may, within 36 months of such closure, relocate the remaining beds to another facility, either existing or new, under common ownership or control, without regard to the criteria set forth in this section, and the Commissioner shall accept the application and may issue a certificate of public need for such relocation. Any restrictions that apply to the certificate at the time of the relocation shall remain in effect following the relocation.

(2007, c. 398; 2009, c. 175; 2011, c. 181.)