Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 5. Department Of Health
Chapter 230. State Medical Facilities Plan
1/27/2022

12VAC5-230-40. General application filing criteria.

A. In addition to meeting the applicable requirements of this chapter, applicants for a Certificate of Public Need shall include documentation in their application that their project addresses the applicable requirements listed in § 32.1-102.3 of the Code of Virginia.

B. The burden of proof shall be on the applicant to produce information and evidence that the project is consistent with the applicable requirements and review policies as required under Article 1.1 (§ 32.1-102.1 et seq.) of Chapter 4 of Title 32.1 of the Code of Virginia.

C. The commissioner may condition the approval of a COPN by requiring an applicant to: (i) provide a level of care at a reduced rate to indigents, (ii) accept patients requiring specialized care, or (iii) facilitate the development and operation of primary medical care services in designated medically underserved areas of the applicant's service area. The applicant must actively seek to comply with the conditions place on any granted COPN.

Statutory Authority

§ 32.1-102.2 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 9, eff. February 15, 2009.

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