SB 764 — Certificate of public need; revises the Medical Care Facilities Certificate of Public Need Program.
Last action — Enacted, Chapter 1271 (effective 7/1/20)
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 08, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Mixed recorded votes
10 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
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 Text
What changed in the latest version
134 added · 128 removedPlain-language change summary
The proposed amendments to Bill SB 764 remove several requirements and adjust language related to the management of medical care facilities during emergencies. Notably, the changes allow for a temporary increase in the number of hospital or nursing home beds without a certification process for up to 30 days during public health emergencies caused by disasters. These adjustments are important as they aim to facilitate a quicker response to emergencies, ensuring that facilities can adapt to sudden increases in patient needs without unnecessary bureaucratic delays.
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SESSION history | hilite | pdf | print version CHAPTERVIRGINIA 1271ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 2.2-4006, 32.1-3, 32.1-102.1, 32.1-102.2, 32.1-102.2:1, 32.1-102.3, 32.1-102.4, 32.1-102.6, 32.1-102.8, 32.1-102.10, 32.1-102.11, 32.1-239, and 32.1-276.5 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 32.1-102.1:2, 32.1-102.1:3, and 32.1-102.6:1, relating to certificate of public need.
[S 764] Approved April 22, 2020 Be it enacted by the General Assembly of Virginia:
View plain text versions (6)
- Enrolled Reenrolled bill text (SB764ER2) html April 22, 2020
- Acts of Assembly Chapter text (CHAP1271) View text Current html April 22, 2020
- Bill text as passed Senate and House (SB764ER) View text html March 04, 2020
- Impact statement from DPB (SB764H1) View text html February 18, 2020
- Amended Engrossed by Senate as amended SB764E html February 11, 2020
- Impact statement from DPB (SB764) View text html January 08, 2020
Action History
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Enacted, Chapter 1271 (effective 7/1/20)
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Signed by Speaker as reenrolled
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Signed by President as reenrolled
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Reenrolled bill text (SB764ER2)
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Reenrolled
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Governor's recommendation adopted
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VOTE: (86-Y 7-N)
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House concurred in Governor's recommendation (86-Y 7-N)
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Senate concurred in Governor's recommendation (25-Y 15-N)
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Governor's recommendation received by Senate
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill Communicated to Governor on March 12, 2020
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Signed by Speaker
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Signed by President
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Impact statement from DPB (SB764ER)
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Enrolled
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House receded from substitute (84-Y 3-N)
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House substitute rejected by Senate (7-Y 33-N)
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Passed by temporarily
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VOTE: Agree To (84-Y 3-N)
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Passed by for the day
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VOTE: Block Vote Passage (98-Y 0-N)
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Passed House with substitute BLOCK VOTE (98-Y 0-N)
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Engrossed by House - committee substitute SB764H1
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Committee substitute agreed to 20108477D-H1
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Read third time
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Read second time
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Impact statement from DPB (SB764H1)
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Committee substitute printed 20108477D-H1
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Reported from Health, Welfare and Institutions with substitute (22-Y 0-N)
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House committee, floor amendments and substitutes offered
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Referred to Committee on Health, Welfare and Institutions
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB764E)
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Passed Senate (20-Y 19-N)
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Constitutional reading dispensed (40-Y 0-N)
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Printed as engrossed 20103707D-E
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Engrossed by Senate as amended SB764E
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Committee amendment agreed to
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Reading of amendment waived
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Committee amendments agreed to
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Reading of amendments waived
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Read second time
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Constitutional reading dispensed (36-Y 0-N)
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Reported from Finance and Appropriations with amendment (16-Y 0-N)
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Rereferred to Finance and Appropriations
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Reported from Education and Health with amendments (9-Y 6-N)
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Impact statement from DPB (SB764)
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Assigned Education sub: Certificate of Public Need
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Referred to Committee on Education and Health
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Prefiled and ordered printed; offered 01/08/20 20103707D
Sponsors
- George L. Barker · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 37 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 85 | 7 | 0 | 7 |
| Total | 85 | 7 | 0 | 7 |
| % of votes cast | 86% | 7% | 0% | 7% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 25 | 15 | 0 | 0 |
| Total | 25 | 15 | 0 | 0 |
| % of votes cast | 63% | 38% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 33 | 0 | 0 |
| Total | 7 | 33 | 0 | 0 |
| % of votes cast | 18% | 83% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 83 | 3 | 0 | 13 |
| Total | 83 | 3 | 0 | 13 |
| % of votes cast | 84% | 3% | 0% | 13% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 97 | 0 | 0 | 2 |
| Total | 97 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Aird, Lashrecse D. | — | Yea |
| Avoli, G. "John" | — | Yea |
| Bell, Robert B. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Christopher T. Head | — | Yea |
| Edmunds, James E., II | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Karrie K. Delaney | — | Yea |
| Kathy K.L. Tran | — | Yea |
| Levine, Mark H. | — | Yea |
| M. Keith Hodges | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Patrick A. Hope | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Rodney T. Willett | — | Yea |
| Sam Rasoul | — | Yea |
| Samirah, Ibraheem S. | — | Yea |
| Sickles, Mark D. | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 19 | 0 | 1 |
| Total | 20 | 19 | 0 | 1 |
| % of votes cast | 50% | 48% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 36 | 0 | 0 | 4 |
| Total | 36 | 0 | 0 | 4 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 6 | 0 | 0 |
| Total | 9 | 6 | 0 | 0 |
| % of votes cast | 60% | 40% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Chafin, A. Benton "Ben" | — | Yea |
| Barker, George L. | — | Yea |
| Cosgrove, John A., Jr. | — | Yea |
| David R. Suetterlein | — | Nay |
| Dunnavant, Siobhan S. | — | Nay |
| Edwards, John S. | — | Nay |
| Hashmi, Ghazala F. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark J. Peake | — | Nay |
| Newman, Stephen D. | — | Nay |
| Petersen, J. Chapman | — | Nay |
| Saslaw, Richard L. | — | Yea |
Subjects
Frequently asked questions
- What does SB 764 do?
- 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.
- Who sponsors SB 764?
- SB 764 is sponsored by Barker, George L..
- What is the current status of SB 764?
- This bill has been enacted into law. Introduced January 08, 2020. Enacted.
- Where can I track SB 764?
- Track SB 764 free on One Click Politics — get push/email alerts when it moves.
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