Virginia 2017 Regular Session Status: In Committee

HB 2337 — Certificates of public need; creates a two-phase process.

Last action — Left in Appropriations

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 2017 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Creates a two-phase process to sunset certificate of public need (COPN) requirements for many categories of medical care facilities and projects, with the requirement for a certificate of public need (i) for all medical care facilities other than nursing homes, rehabilitation hospitals and beds, imaging centers, organ or tissue transplant services, certain open heart surgery services, certain neonatal services, and certain medical care facilities located in a locality with a population density of at least 200 people per square mile as reported by the United States Bureau of the Census in the 2010 census report that  is contiguous with at least one other locality with such population density, or has a population of at least 75,000 people repealed effective July 1, 2017, and (ii) imaging centers repealed effective January 1, 2018. The bill also creates a new permitting process for categories of facilities and projects exempted from the certificate of public need process that requires the Commissioner of Health to issue a permit but requires the Commissioner to condition a permit (a) on the agreement of the applicant to provide a specified level of care at a reduced rate to indigents, accept patients requiring specialized care, or facilitate the development and operation of primary medical care services in designated medically underserved areas of the applicant's service area and (b) on compliance of the applicant with quality of care standards. The bill also eliminates regional health planning agencies and makes numerous changes to the COPN process for facilities and projects that will still be subject to the requirement of a certificate. The bill contains technical amendments.

Bill Text

What changed in the latest version

701 added · 821 removed

Plain-language change summary

The latest amendment to Bill HB 2337 updates the procedures for certain regulatory actions in Virginia, specifically regarding health and safety codes. It emphasizes the necessity for public engagement, requiring boards or commissions to provide notices and hold public hearings before implementing new regulations. These changes are important because they aim to increase transparency and community involvement in decision-making processes that affect public health and safety.

→
Previous
Latest
SESSION history | hilite | pdf | print version 17103865D HOUSE BILL NO.
SESSION history | hilite | pdf | print version 17104734D HOUSE BILL NO.
2337 Offered January 13, 2017 A BILL to amend and reenact §§ 2.2-4006, 15.2-5307, 32.1-102.1, 32.1-102.1:1, 32.1-102.2, 32.1-102.2:1, 32.1-102.3, 32.1-102.4, 32.1-102.6, 32.1-122.01, 32.1-122.03, 32.1-122.04, and 32.1-122.07 of the Code of Virginia;
2337 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Health, Welfare and Institutions on January 31, 2017) (Patron Prior to Substitute--Delegate O'Bannon) A BILL to amend and reenact §§ 2.2-4006, 15.2-5307, 32.1-102.1, 32.1-102.1:1, 32.1-102.2, 32.1-102.2:1, 32.1-102.3, 32.1-102.4, 32.1-102.6, 32.1-122.01, 32.1-122.03, 32.1-122.04, and 32.1-122.07 of the Code of Virginia;
---------- Patrons-- O'Bannon and Bell, Richard P.
Be it enacted by the General Assembly of Virginia:
---------- Referred to Committee on Health, Welfare and Institutions ---------- Be it enacted by the General Assembly of Virginia:
"Health innovation district" means (i) a locality with a population density of at least 200 people per square mile as reported by the United States Bureau of the Census in the 2010 census report that (a) is contiguous with at least one other locality with such population density or (b) has a population of at least 75,000 people or (ii) a locality that does not meet the criteria set forth in clause (i) but that is contiguous to a locality that meets the criteria set forth in clause (i) and that has adopted an ordinance opting to participate in the health innovation district.
Specialized centers or clinics or that portion of a hospital established for the provision of open heart surgery that performs fewer than 1,100 adult inpatient and outpatient cardiac catheterizations, at least 400 of which are therapeutic catheterizations, or discharges fewer than 800 patients with the principal diagnosis of ischemic heart disease in a calendar year.
Specialized centers or clinics or that portion of a hospital established for the provision of open heart surgery that performs fewer than 1,100 adult inpatient and outpatient cardiac catheterizations, at least 400 of which are therapeutic catheterizations, or discharges fewer than patients with the principal diagnosis of ischemic heart disease in a calendar year.
General hospitals, psychiatric hospitals established primarily for the medical, psychiatric, or psychological treatment and rehabilitation of individuals with substance abuse, and any other facility licensed as a hospital;
General hospitals and any other facility licensed as a hospital, facilities for individuals with intellectual disability, and specialized centers or clinics or that portion of a physician's office developed for the provision of outpatient or ambulatory surgery, cardiac catheterization, stereotactic radiosurgery, lithotripsy, radiation therapy, stereotactic radiotherapy, proton beam therapy, or such other specialty services as may be designated by the Board by regulation, which are located outside of a health innovation district.
facilities for individuals with intellectual disability;
intermediate care facilities established primarily for the medical, psychiatric, or psychological treatment and rehabilitation of individuals with substance abuse;
and specialized centers or clinics or that portion of a physician's office developed for the provision of outpatient or ambulatory surgery, cardiac catheterization, stereotactic radiosurgery, lithotripsy, radiation therapy, stereotactic radiotherapy, proton beam therapy, or such other specialty services as may be designated by the Board by regulation, which is located outside of a locality with a population density of at least 200 people per square mile as reported by the United States Bureau of the Census in the 2010 census report that (i) is contiguous with at least one other locality with such population density, or (ii) has a population of at least 75,000 people.
Conversion Increase in the number of medical rehabilitation beds or long-term care beds at an existing medical facility or conversion of beds in an existing medical care facility to medical rehabilitation beds, long-term care hospital beds, or psychiatric beds;
Conversion Increase in the number of medical rehabilitation beds or long-term care beds at an existing medical facility or conversion of beds in an existing medical care facility to medical rehabilitation beds or psychiatric long-term care hospital beds;
For any existing general hospital or other facility licensed as a hospital located in a locality with a population density of at least 200 people per square mile as reported by the United States Bureau of the Census in the 2010 census report that (i) is contiguous with at least one other locality with such population density, or (ii) has a population of at least 75,000 people, (a) introduction of any new computed tomographic (CT) scanning, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, or nuclear medicine imaging, other than nuclear cardiac imaging, service or (b) addition of any medical equipment for the provision of computed tomographic (CT) scanning, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, or nuclear medicine imaging, other than nuclear cardiac imaging.
For any existing general hospital or other facility licensed as a hospital located in a health innovation district, (i) introduction of any new computed tomographic (CT) scanning, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, or nuclear medicine imaging, other than nuclear cardiac imaging, service or (ii) addition of any medical equipment for the provision of computed tomographic (CT) scanning, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, or nuclear medicine imaging, other than nuclear cardiac imaging.
"Health innovation district" means (i) a locality with a population density of at least 200 people per square mile as reported by the United States Bureau of the Census in the 2010 census report that (a) is contiguous with at least one other locality with such population density or (b) has a population of at least 75,000 people or (ii) a locality that does not meet the criteria set forth in clause (i) but that is contiguous to a locality that meets the criteria set forth in clause (i) and that has adopted an ordinance opting to participate in the health innovation district.
Any facility licensed as a hospital, other than a rehabilitation hospital which shall include an inpatient rehabilitation facility or long-term care hospital, that is located in a locality with a population density of at least 200 people per square mile as reported by the United States Bureau of the Census in the 2010 census report that (i) is contiguous with at least one other locality with such population density, or (ii) has a population of at least 75,000 people.
Any facility licensed as a hospital, other than a psychiatric hospital or a rehabilitation hospital which shall include an inpatient rehabilitation facility or long-term care hospital, that is located in a health innovation district.
that portion of a hospital established for the provision of open heart surgery when such portion of a hospital performs at least 1,100 adult inpatient and outpatient cardiac catheterizations, at least 400 of which are therapeutic catheterizations, or discharges at least 800 patients with the principal diagnosis of ischemic heart disease in a calendar year;
that portion of a hospital established for the provision of open heart surgery when such portion of a hospital performs at least 1,100 adult inpatient and outpatient cardiac catheterizations, at least of which are therapeutic catheterizations, or discharges at least 800 patients with the principal diagnosis of ischemic heart disease in a calendar year;
The following types of facilities, when they are located in a locality with a population density of at least 200 people per square mile as reported by the United States Bureau of the Census in the 2010 census report that (i) is contiguous with at least one other locality with such population density, or (ii) has a population of at least 75,000 people:
The following types of facilities, when they are located in a health innovation district:
facilities for individuals with intellectual disability;
facilities for individuals with intellectual disability and specialized centers or clinics or that portion of a physician's office developed for the provision of outpatient or ambulatory surgery, cardiac catheterization, stereotactic radiosurgery, lithotripsy, radiation therapy, stereotactic radiotherapy, proton beam therapy, or such other specialty services as may be designated by the Board by regulation.
intermediate care facilities established primarily for the medical, psychiatric, or psychological treatment and rehabilitation of individuals with substance abuse;
and specialized centers for the provision of outpatient or ambulatory surgery, cardiac catheterization, stereotactic radiosurgery, lithotripsy, radiation therapy, stereotactic radiotherapy, proton beam therapy, or such other specialty services as may be designated by the Board by regulation.
Conversion of beds in an existing medical care facility to psychiatric beds;
5.
5.
Introduction into an existing medical care facility of any new cardiac catheterization, stereotactic radiosurgery, lithotripsy, medical rehabilitation, neonatal special care, obstetrical, open heart surgery, organ or tissue transplant service, radiation therapy, stereotactic radiotherapy, proton beam therapy, or such other specialty clinical services as may be designated by the Board by regulation, which the facility has never provided or has not provided in the previous 12 months;
Introduction into an existing medical care facility of any new cardiac catheterization,  stereotactic radiosurgery, lithotripsy, medical rehabilitation, neonatal special care, obstetrical, open heart surgery, psychiatric, organ or tissue transplant service, radiation therapy, stereotactic radiotherapy, proton beam therapy, substance abuse treatment, or such other specialty clinical services as may be designated by the Board by regulation, which the facility has never provided or has not provided in the previous 12 months;
7.
or 8.
or 7.
Any capital expenditure of $15 million or more, not defined as reviewable in subdivisions 1 through 7 of this definition, by or on behalf of a medical care facility other than a general hospital.
Any capital expenditure of $15 million or more, not defined as reviewable in subdivisions 1 through 6 of this definition, by or on behalf of a medical care facility other than a general hospital.
"Health innovation district" means (i) a locality with a population density of at least 200 people per square mile as reported by the United States Bureau of the Census in the 2010 census report that (a) is contiguous with at least one other locality with such population density or (b) has a population of at least 75,000 people or (ii) a locality that does not meet the criteria set forth in clause (i) but that is contiguous to a locality that meets the criteria set forth in clause (i) and that has adopted an ordinance opting to participate in the health innovation district.
Specialized centers or clinics or that portion of a hospital established for the provision of open heart surgery that performs fewer than 1,100 adult inpatient and outpatient cardiac catheterizations, at least 400 of which are therapeutic catheterizations, or discharges fewer than 800 patients with the principal diagnosis of ischemic heart disease in a calendar year.
Specialized centers or clinics or that portion of a hospital established for the provision of open heart surgery that performs fewer than 1,100 adult inpatient and outpatient cardiac catheterizations, at least 400 of which are therapeutic catheterizations, or discharges fewer than patients with the principal diagnosis of ischemic heart disease in a calendar year.
General hospitals, psychiatric hospitals established primarily for the medical, psychiatric, or psychological treatment and rehabilitation of individuals with substance abuse, and any other facility licensed as a hospital;
General hospitals and any other facility licensed as a hospital;
intermediate care facilities established primarily for the medical, psychiatric, or psychological treatment and rehabilitation of individuals with substance abuse;
and specialized centers or clinics or that portion of a physician's office developed for the provision of outpatient or ambulatory surgery, cardiac catheterization, computed tomographic (CT) scanning, stereotactic radiosurgery, lithotripsy, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, radiation therapy, stereotactic radiotherapy, proton beam therapy, or nuclear medicine imaging, except for the purpose of nuclear cardiac imaging, or such other specialty services as may be designated by the Board by regulation, which is located outside of a health innovation district.
and specialized centers or clinics or that portion of a physician's office developed for the provision of outpatient or ambulatory surgery, cardiac catheterization, computed tomographic (CT) scanning, stereotactic radiosurgery, lithotripsy, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, radiation therapy, stereotactic radiotherapy, proton beam therapy, or nuclear medicine imaging, except for the purpose of nuclear cardiac imaging, or such other specialty services as may be designated by the Board by regulation, which is located outside of a locality with a population density of at least 200 people per square mile as reported by the United States Bureau of the Census in the 2010 census report that (i) is contiguous with at least one other locality with such population density, or (ii) has a population of at least 75,000 people.
Conversion Increase in the number of medical rehabilitation beds or long-term care beds at an existing medical facility or conversion of beds in an existing medical care facility to medical rehabilitation beds, long-term care hospital beds, or psychiatric beds;
Conversion Increase in the number of medical rehabilitation beds or long-term care beds at an existing medical facility or conversion of beds in an existing medical care facility to medical rehabilitation beds or psychiatric long-term care hospital beds;
"Health innovation district" means (i) a locality with a population density of at least 200 people per square mile as reported by the United States Bureau of the Census in the 2010 census report that (a) is contiguous with at least one other locality with such population density or (b) has a population of at least 75,000 people or (ii) a locality that does not meet the criteria set forth in clause (i) but that is contiguous to a locality that meets the criteria set forth in clause (i) and that has adopted an ordinance opting to participate in the health innovation district.
Any facility licensed as a hospital, other than a rehabilitation hospital which shall include an inpatient rehabilitation facility or long-term care hospital, that is located in a locality with a population density of at least 200 people per square mile as reported by the United States Bureau of the Census in the 2010 census report that (i) is contiguous with at least one other locality with such population density, or (ii) has a population of at least 75,000 people.
Any facility licensed as a hospital, other than a psychiatric hospital or a rehabilitation hospital which shall include an inpatient rehabilitation facility or long-term care hospital, that is located in a health innovation district.
The following types of facilities, when they are located in a locality with a population density of at least 200 people per square mile as reported by the United States Bureau of the Census in the 2010 census report that (i) is contiguous with at least one other locality with such population density, or (ii) has a population of at least 75,000 people:
The following types of facilities, when they are located in a health innovation district:
intermediate care facilities established primarily for the medical, psychiatric, or psychological treatment and rehabilitation of individuals with substance abuse;
and specialized centers or clinics or that portion of a physician's office developed for the provision of outpatient or ambulatory surgery, cardiac catheterization, computed tomographic (CT) scanning, stereotactic radiosurgery, lithotripsy, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, radiation therapy, stereotactic radiotherapy, proton beam therapy, nuclear medicine imaging, except for the purpose of nuclear cardiac imaging, or such other specialty services as may be designated by the Board by regulation.
and specialized centers for the provision of outpatient or ambulatory surgery, cardiac catheterization, computed tomographic (CT) scanning, stereotactic radiosurgery, lithotripsy, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, radiation therapy, stereotactic radiotherapy, proton beam therapy, nuclear medicine imaging, except for the purpose of nuclear cardiac imaging, or such other specialty services as may be designated by the Board by regulation.
Conversion of beds in an existing medical care facility to psychiatric beds;
5.
Show all 46 changed rows (6 more)
Previous
Latest
5.
Introduction into an existing medical care facility of any new cardiac catheterization, computed tomographic (CT) scanning, stereotactic radiosurgery, lithotripsy, magnetic resonance imaging (MRI), magnetic source imaging (MSI), medical rehabilitation, neonatal special care, obstetrical, open heart surgery, positron emission tomographic (PET) scanning, organ or tissue transplant service, radiation therapy, stereotactic radiotherapy, proton beam therapy, nuclear medicine imaging, except for the purpose of nuclear cardiac imaging, or such other specialty clinical services as may be designated by the Board by regulation, which the facility has never provided or has not provided in the previous 12 months;
Introduction into an existing medical care facility of any new cardiac catheterization, computed tomographic (CT) scanning, stereotactic radiosurgery, lithotripsy, magnetic resonance imaging (MRI), magnetic source imaging (MSI), medical rehabilitation, neonatal special care, obstetrical, open heart surgery, positron emission tomographic (PET) scanning, psychiatric, organ or tissue transplant service, radiation therapy, stereotactic radiotherapy, proton beam therapy, nuclear medicine imaging, except for the purpose of nuclear cardiac imaging, substance abuse treatment, or such other specialty clinical services as may be designated by the Board by regulation, which the facility has never provided or has not provided in the previous 12 months;
7.
or 8.
or 7.
Any capital expenditure of $15 million or more, not defined as reviewable in subdivisions 1 through 7 of this definition, by or on behalf of a medical care facility other than a general hospital.
Any capital expenditure of $15 million or more, not defined as reviewable in subdivisions 1 through 6 of this definition, by or on behalf of a medical care facility other than a general hospital.
⬇ Download PDF
View plain text versions (2)

Action History

  1. Left in Appropriations

  2. Assigned App. sub: Health & Human Resources

  3. Referred to Committee on Appropriations

  4. Assigned HWI sub: Subcommittee #3

  5. Referred to Committee on Health, Welfare and Institutions

  6. Presented and ordered printed 17103865D

Sponsors

  • Richard P. Bell · Cosponsor
  • III John M. O'Bannon · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 146 not signed on

Sponsors (1)

  • John M. O'Bannon, III

Co-sponsors (1)

  • Richard P. Bell

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"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

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 2337 do?
Creates a two-phase process to sunset certificate of public need (COPN) requirements for many categories of medical care facilities and projects, with the requirement for a certificate of public need (i) for all medical care facilities other than nursing homes, rehabilitation hospitals and beds, imaging centers, organ or tissue transplant services, certain open heart surgery services, certain neonatal services, and certain medical care facilities located in a locality with a population density of at least 200 people per square mile as reported by the United States Bureau of the Census in the 2010 census report that  is contiguous with at least one other locality with such population density, or has a population of at least 75,000 people repealed effective July 1, 2017, and (ii) imaging centers repealed effective January 1, 2018. The bill also creates a new permitting process for categories of facilities and projects exempted from the certificate of public need process that requires the Commissioner of Health to issue a permit but requires the Commissioner to condition a permit (a) on the agreement of the applicant to provide a specified level of care at a reduced rate to indigents, accept patients requiring specialized care, or facilitate the development and operation of primary medical care services in designated medically underserved areas of the applicant's service area and (b) on compliance of the applicant with quality of care standards. The bill also eliminates regional health planning agencies and makes numerous changes to the COPN process for facilities and projects that will still be subject to the requirement of a certificate. The bill contains technical amendments.
Who sponsors HB 2337?
HB 2337 is sponsored by Richard P. Bell and John M. O'Bannon, III.
What is the current status of HB 2337?
This bill died with 2017 Regular Session. It reached “In Committee” 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 2337?
Track HB 2337 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 2337

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 2337

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →