Virginia 2020 Regular Session Status: Passed House Of Delegates

HB 879 — Certificate of public need; revises the Medical Care Facilities Certificate of Public Need Program.

Last action — Failed to pass in House

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 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 is timely and reliable; 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.

Bill Text

What changed in the latest version

241 added · 239 removed

Plain-language change summary

The amendment to Bill HB 879 includes the addition of certain sections to the Code of Virginia related to the "certificate of public need." It clarifies regulatory procedures for agencies, particularly requiring them to provide public notice and opportunities for comments before implementing new regulations. This change is important as it aims to enhance transparency and public involvement in the regulatory process, ensuring that community voices are heard regarding healthcare and building regulations.

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SESSION history | hilite | pdf | print version 20101264D HOUSE BILL NO.
SESSION history | hilite | pdf | print version 20108642D HOUSE BILL NO.
879 House Amendments in [ ] – February 7, 2020 A BILL 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 [ , and 56-484.91 ] 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.
879 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Education and Health on February 20, 2020) (Patron Prior to Substitute--Delegate Sickles) A BILL 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.
---------- Patron Prior to Engrossment--Delegate Sickles ---------- Referred to Committee on Health, Welfare and Institutions ---------- Be it enacted by the General Assembly of Virginia:
Be it enacted by the General Assembly of Virginia:
That §§ 2.2-4006, 32.1-3, 32.1-102.1, 32.1-102.2, [ 32.1-102.2.1 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 [ , and 56-484.91 ] of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 32.1-102.1:2, 32.1-102.1:3, and 32.1-102.6:1 as follows:
That §§ 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 are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 32.1-102.1:2, 32.1-102.1:3, and 32.1-102.6:1 as follows:
The Task Force shall consist of no fewer than [ 15 ] individuals appointed by the Commissioner who are broadly representative of the interests of all residents of the Commonwealth and of the various geographic regions, including two representatives of the Virginia Hospital and Healthcare Association, the Medical Society of Virginia, the Virginia Health Care Association, and physicians or administrators representing teaching hospitals affiliated with a public institution of higher education;
The Task Force shall consist of no fewer than 19 individuals appointed by the Commissioner who are broadly representative of the interests of all residents of the Commonwealth and of the various geographic regions, including two representatives of the Virginia Hospital and Healthcare Association, the Medical Society of Virginia, the Virginia Health Care Association, and physicians or administrators representing teaching hospitals affiliated with a public institution of higher education;
one representative each of the Virginia Association of Health Plans, [ the Virginia Association of Free and Charitable Clinics, Leading Age Virginia, ] a company that is self-insured or full-insured for health coverage, a nonprofit organization located in the Commonwealth that engages in addressing access to health coverage for low-income individuals, and a rural locality recognized as a medically underserved area;
one representative each of the Virginia Association of Health Plans, the Virginia Association of Free and Charitable Clinics, the Virginia Community Healthcare Association, LeadingAge Virginia, a company that is self-insured or full-insured for health coverage, a nonprofit organization located in the Commonwealth that engages in addressing access to health coverage for low-income individuals, and a rural locality recognized as a medically underserved area;
In addition, the Commissioner shall condition the approval of a certificate upon the agreement of the applicant to (i) provide a specified level of charity care to indigent persons or accept patients requiring specialized care or, (ii) upon the agreement of the applicant to facilitate the development and operation of primary and specialty medical care services in designated medically underserved areas of the applicant's service area, [ or ] (iii) [ pay assessments or make contributions into the Health Care Coverage Assessment Fund established pursuant to § 32.1-331.01, or (iv) ] all of the above.
In addition, the Commissioner shall condition the approval of a certificate upon the agreement of the applicant to (i) provide a specified level of charity care to indigent persons or accept patients requiring specialized care or, (ii) upon the agreement of the applicant to facilitate the development and operation of primary and specialty medical care services in designated medically underserved areas of the applicant's service area, or (iii) all of the above.
In order to verify the date of the Department's and the appropriate regional health planning agency's receipt of the application, the applicant shall transmit the document electronically, by certified mail or a delivery service, return receipt requested, or shall deliver the document by hand, with signed receipt to be provided Such application shall be filed [ electronically, ] in accordance with procedures established by the Department.
In order to verify the date of the Department's and the appropriate regional health planning agency's receipt of the application, the applicant shall transmit the document electronically, by certified mail or a delivery service, return receipt requested, or shall deliver the document by hand, with signed receipt to be provided Such application shall be filed electronically, in accordance with procedures established by the Department.
"Person" includes, in addition to the entities enumerated in subdivision 4 [ of ] § 32.1-3, the Commonwealth and any of its political subdivisions.
"Person" includes, in addition to the entities enumerated in subdivision 4 of § 32.1-3, the Commonwealth and any of its political subdivisions.
[ That the Secretary of Health and Human Resources implement a system by January 1, 2021, or as soon thereafter as practicable, to make all public records pertaining to certificate of public need applications and the certificate of public need review process, including letters of intent and decision letters, available online in real time in a searchable, digital format.
That the Secretary of Health and Human Resources implement a system by January 1, 2021, or as soon thereafter as practicable, to make all public records pertaining to certificate of public need applications and the certificate of public need review process, including letters of intent and decision letters, available online in real time in a searchable, digital format.
] That the Secretary of Health and Human Resources implement a system by January 1, 2021, or as soon thereafter as practicable, to make an inventory of capacity authorized by certificates of public need, both operational and not yet operational, available in a digital format online, with such funds as are available.
That the Secretary of Health and Human Resources implement a system by January 1, 2021, or as soon thereafter as practicable, to make an inventory of capacity authorized by certificates of public need, both operational and not yet operational, available in a digital format online, with such funds as are available.
[ 6.
6.
5.
That the Secretary of Health and Human Resources establish, by January 1, 2021, 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, including the opportunity to provide written comments on applications and the process by which a member of the public may request a public hearing on an application.
] That the Secretary of Health and Human Resources establish, by January 1, 2021, 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, including the opportunity to provide written comments on applications and the process by which a member of the public may request a public hearing on an application.
7.
That notwithstanding any other provision of law or regulation, an application for a certificate of public need for the introduction of a specialty-level neonatal special care service in Planning District 5 that (i) contains in the record testimony of a neonatologist, employed or contracted by an incumbent provider of neonatal special care services in the same planning district, that the proposed number of bassinets in the application is clinically appropriate for the neonatal special care service proposed and would be beneficial to health outcomes of infants born at the applicant's facility and (ii) includes the agreement of the applicant to accept standard charity care conditions on the proposed neonatal special care services shall be deemed to (a) demonstrate a public need for such proposed specialty-level neonatal special care service and (b) be consistent with the State Medical Facilities Plan.
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Action History

  1. Failed to pass in House

  2. No further action taken

  3. Conferees appointed by Senate

  4. Conferees appointed by House

  5. House acceded to request

  6. Senate requested conference committee

  7. Senate insisted on amendments (40-Y 0-N)

  8. VOTE: REJECTED (0-Y 94-N)

  9. Senate substitute with amendments rejected by House 20108642D-S1 (0-Y 94-N)

  10. Passed Senate with substitute with amendments (37-Y 3-N)

  11. Engrossed by Senate - committee substitute HB879S1

  12. Committee amendments agreed to

  13. Reading of amendments waived

  14. Committee substitute agreed to 20108642D-S1

  15. Reading of substitute waived

  16. Read third time

  17. Constitutional reading dispensed (38-Y 0-N)

  18. Reported from Finance and Appropriations with amendments (12-Y 4-N)

  19. Impact statement from DPB (HB879S1)

  20. Rereferred to Finance and Appropriations

  21. Committee substitute printed 20108642D-S1

  22. Reported from Education and Health with substitute (9-Y 5-N 1-A)

  23. Referred to Committee on Education and Health

  24. Constitutional reading dispensed

  25. Impact statement from DPB (HB879E)

  26. VOTE: Passage (97-Y 1-N)

  27. Read third time and passed House (97-Y 1-N)

  28. Engrossed bill reprinted 20101264D-E

  29. Printed as engrossed 20101264D-E

  30. Engrossed by House as amended HB879E

  31. Committee on Appropriations amendments agreed to

  32. Committee on Health, Welfare and Institutions amendments agreed to

  33. Read second time

  34. Read first time

  35. Reported from Appropriations with amendments (20-Y 1-N)

  36. Subcommittee recommends reporting with amendments (8-Y 0-N)

  37. House subcommittee amendments and substitutes offered

  38. Referred to Committee on Appropriations

  39. Reported from Health, Welfare and Institutions with amendments (22-Y 0-N)

  40. Assigned App. sub: Health & Human Resources

  41. Subcommittee recommends referring to Committee on Appropriations

  42. Subcommittee recommends reporting with amendments (8-Y 0-N)

  43. House subcommittee amendments and substitutes offered

  44. Impact statement from DPB (HB879)

  45. Assigned HWI sub: Health

  46. Referred to Committee on Health, Welfare and Institutions

  47. Prefiled and ordered printed; offered 01/08/20 20101264D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on · 98 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Constitutional reading dispensed (38-Y 0-N)

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 38002
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Chafin, A. Benton "Ben" — Yea
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Not Voting
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Not Voting
Scott A. Surovell — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed Senate with substitute with amendments (37-Y 3-N)

Passed 37 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37300
Total 37300
% of votes cast 93%8%0%0%
How each member voted (40)
Member Party Vote
Chafin, A. Benton "Ben" — Yea
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Nay
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Nay
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Nay

Official roll call →

Senate insisted on amendments (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Chafin, A. Benton "Ben" — Yea
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

VOTE: REJECTED (0-Y 94-N)

Failed 0 Yea · 93 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 09306
Total 09306
% of votes cast 0%94%0%6%
How each member voted (99)
Member Party Vote
Brewer, Emily M. — Nay
Collins, Christopher E. — Nay
Lindsey, Joseph C. — Nay
Adams, Dawn M. — Nay
Adams, Les R. — Nay
Aird, Lashrecse D. — Nay
Alfonso H. Lopez — Nay
Askew, Alex Q. — Nay
Avoli, G. "John" — Nay
Ayala, Hala S. — Nay
Batten, Amanda E. — Nay
Bell, Robert B. — Nay
Betsy B. Carr — Nay
Bourne, Jeffrey M. — Nay
Bulova, David L. — Nay
Byron, Kathy J. — Nay
C.E. Cliff Hayes, Jr. — Nay
Campbell, Jeffrey L. — Not Voting
Campbell, Ronnie R. — Nay
Carroll Foy, Jennifer D. — Nay
Carter, Lee J. — Nay
Charniele L. Herring — Nay
Chris S. Runion — Nay
Christopher T. Head — Nay
Cole, Mark L. — Nay
Convirs-Fowler, Kelly K. — Not Voting
Cox, M. Kirkland — Nay
Coyner, Carrie E. — Nay
Dan I. Helmer — Nay
Danica A. Roem — Nay
David A. Reid — Nay
Davis, Glenn R. — Nay
Delores L. McQuinn — Nay
Don Scott — Nay
Edmunds, James E., II — Nay
Fariss, C. Matthew — Nay
Fowler, Hyland F."Buddy," Jr. — Nay
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Gooditis, Wendy W. — Nay
Guy, Nancy D. — Nay
Guzman, Elizabeth R. — Nay
Heretick, Steve E. — Nay
Hudson, Sally L. — Nay
Hurst, Chris L. — Nay
Israel D. O'Quinn — Nay
James A. "Jay" Leftwich — Nay
James W. Morefield — Nay
Jeion A. Ward — Nay
Jenkins, Clinton L. — Nay
Jones, Jerrauld C. "Jay" — Nay
Joseph P. McNamara — Nay
Joshua G. Cole — Not Voting
Karrie K. Delaney — Nay
Kathy K.L. Tran — Nay
Keam, Mark L. — Nay
Knight, Barry D. — Nay
Kory, Kaye — Nay
LaRock, Dave A. — Nay
Lamont Bagby — Nay
Levine, Mark H. — Nay
Luke E. Torian — Nay
M. Keith Hodges — Nay
Marcia S. "Cia" Price — Nay
Marcus B. Simon — Nay
Marshall, Daniel W., III — Nay
McGuire, John J., III — Nay
Michael J. Webert — Nay
Miyares, Jason S. — Nay
Mugler, Martha M. — Nay
Mullin, Michael P. — Nay
Murphy, Kathleen — Nay
Orrock, Robert D., Sr. — Nay
Patrick A. Hope — Nay
Paul E. Krizek — Nay
Plum, Kenneth R. — Nay
Poindexter, Charles D. — Not Voting
R. Lee Ware — Nay
Ransone, Margaret B. — Nay
Richard C. "Rip" Sullivan, Jr. — Nay
Robert S. Bloxom, Jr. — Nay
Robinson, Roxann L. — Nay
Rodney T. Willett — Nay
Rush, Nick — Nay
Sam Rasoul — Nay
Samirah, Ibraheem S. — Nay
Schuyler T. VanValkenburg — Nay
Scott A. Wyatt — Nay
Shelly A. Simonds — Nay
Sickles, Mark D. — Nay
Subramanyam, Suhas — Nay
Terry G. Kilgore — Nay
Terry L. Austin — Not Voting
Thomas C. Wright, Jr. — Not Voting
Tony O. Wilt — Nay
Tyler, Roslyn C. — Nay
Vivian E. Watts — Nay
Wampler, William C., III — Nay
Wendell S. Walker — Nay

Official roll call →

Reported from Finance and Appropriations with amendments (12-Y 4-N)

Passed 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12400
Total 12400
% of votes cast 75%25%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. — Nay
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Nay
R. Creigh Deeds — Yea
Ruff, Frank M., Jr. — Nay
Saslaw, Richard L. — Yea
Vogel, Jill Holtzman — Nay

Official roll call →

Reported from Education and Health with substitute (9-Y 5-N 1-A)

Passed 9 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9501
Total 9501
% of votes cast 60%33%0%7%
How each member voted (15)
Member Party Vote
Chafin, A. Benton "Ben" — Nay
Barker, George L. — Yea
Cosgrove, John A., Jr. — Nay
David R. Suetterlein — Yea
Dunnavant, Siobhan S. — Yea
Edwards, John S. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Nay
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark J. Peake — Nay
Newman, Stephen D. — Yea
Petersen, J. Chapman — Not Voting
Saslaw, Richard L. — Nay

Official roll call →

VOTE: Passage (97-Y 1-N)

Passed 96 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 96102
Total 96102
% of votes cast 97%1%0%2%
How each member voted (99)
Member Party Vote
Brewer, Emily M. — Yea
Collins, Christopher E. — Yea
Lindsey, Joseph C. — Yea
Adams, Dawn M. — Yea
Adams, Les R. — Yea
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Yea
Askew, Alex Q. — Yea
Avoli, G. "John" — Yea
Ayala, Hala S. — Yea
Batten, Amanda E. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bourne, Jeffrey M. — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Nay
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Yea
Carroll Foy, Jennifer D. — Yea
Carter, Lee J. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Christopher T. Head — Yea
Cole, Mark L. — Yea
Convirs-Fowler, Kelly K. — Yea
Cox, M. Kirkland — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Don Scott — Yea
Edmunds, James E., II — Yea
Fariss, C. Matthew — Yea
Fowler, Hyland F."Buddy," Jr. — Not Voting
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Gooditis, Wendy W. — Yea
Guy, Nancy D. — Yea
Guzman, Elizabeth R. — Yea
Heretick, Steve E. — Yea
Hudson, Sally L. — Yea
Hurst, Chris L. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jenkins, Clinton L. — Yea
Jones, Jerrauld C. "Jay" — Yea
Joseph P. McNamara — Yea
Joshua G. Cole — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Levine, Mark H. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Miyares, Jason S. — Yea
Mugler, Martha M. — Not Voting
Mullin, Michael P. — Yea
Murphy, Kathleen — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Plum, Kenneth R. — Yea
Poindexter, Charles D. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rodney T. Willett — Yea
Rush, Nick — Yea
Sam Rasoul — Yea
Samirah, Ibraheem S. — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Subramanyam, Suhas — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Yea
Tony O. Wilt — Yea
Tyler, Roslyn C. — Yea
Vivian E. Watts — Yea
Wampler, William C., III — Yea
Wendell S. Walker — Yea

Official roll call →

Reported from Appropriations with amendments (20-Y 1-N)

Passed 20 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 20101
Total 20101
% of votes cast 91%5%0%5%
How each member voted (22)
Member Party Vote
Brewer, Emily M. — Yea
Aird, Lashrecse D. — Yea
Betsy B. Carr — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Cox, M. Kirkland — Yea
David A. Reid — Yea
Davis, Glenn R. — Not Voting
Delores L. McQuinn — Yea
Fariss, C. Matthew — Yea
Hurst, Chris L. — Nay
James W. Morefield — Yea
Jones, Jerrauld C. "Jay" — Yea
Knight, Barry D. — Yea
Luke E. Torian — Yea
Paul E. Krizek — Yea
Plum, Kenneth R. — Yea
Robert S. Bloxom, Jr. — Yea
Rush, Nick — Yea
Sickles, Mark D. — Yea
Terry L. Austin — Yea
Tyler, Roslyn C. — Yea

Official roll call →

Subcommittee recommends reporting with amendments (8-Y 0-N)

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Brewer, Emily M. — Yea
Betsy B. Carr — Yea
C.E. Cliff Hayes, Jr. — Yea
Cox, M. Kirkland — Yea
Fariss, C. Matthew — Yea
Jones, Jerrauld C. "Jay" — Yea
Luke E. Torian — Not Voting
Paul E. Krizek — Yea
Sickles, Mark D. — Yea

Official roll call →

Reported from Health, Welfare and Institutions with amendments (22-Y 0-N)

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 22000
Total 22000
% 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

Official roll call →

Subcommittee recommends reporting with amendments (8-Y 0-N)

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Adams, Dawn M. — Yea
C.E. Cliff Hayes, Jr. — Yea
Edmunds, James E., II — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Kathy K.L. Tran — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Sam Rasoul — Yea
Sickles, Mark D. — Not Voting

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does HB 879 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 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 is timely and reliable; 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.
Who sponsors HB 879?
HB 879 is sponsored by Mark D. Sickles and Wampler, William C., III.
What is the current status of HB 879?
This bill died with 2020 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 879?
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