Part II. Advisory Opinions and Exceptions
18VAC76-50-20. Application for advisory opinions.
A. Any practitioner or entity may request an advisory opinion on the applicability of the Act upon completion of an application and payment of a fee.
B. Requests shall be made on an application form prescribed by the department. The request shall contain the following information:
1. The name of the practitioner or entity;
2. Identification of the practitioner or entity and description of the health care services being provided or proposed;
3. The type and amount of existing or proposed investment interest in the entity;
4. A description of the nature of the investment interest and copies of any existing or proposed documents between the practitioner and the entity, including leases, contracts, and organizational documents; and
5. Certification and notarized signature of the practitioner or principal of the entity requesting the advisory opinion that the information and supporting documentation contained within it is true and correct.
C. The application shall be reviewed for completeness, and the department may request such other additional information or documentation the department deems necessary from the practitioner or entity.
D. Upon a determination that a request for an advisory opinion is complete and that it has sufficient information, the department shall notify the practitioner or entity that the department will consider the practitioner or entity's request.
E. At the conclusion of an informal conference, the department shall issue an advisory opinion to the practitioner or entity.
Statutory Authority
§§ 54.1-2412 and 54.1-2505 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 5, eff. November 19, 2025.
18VAC76-50-30. Application for exception.
A. A practitioner or entity may request an exception to the prohibitions of the Act upon completion of an application and payment of a fee.
B. Requests shall be made on an application form prescribed by the department. The application shall contain the following information:
1. The name and identifying information of the practitioner or entity;
2. The information and documentation regarding community need and alternative financing as required by § 54.1-2411 B of the Code of Virginia; and
3. Certification and notarized signature of the practitioner or principal of the entity requesting the exception that the information contained in the application and supporting documentation is true and correct.
C. The application shall be reviewed for completeness, and the department may request additional information and documentation from the applicant.
D. Upon a determination that an application is complete and that it has sufficient information, the department shall notify the applicant that the department will consider the request.
E. At the conclusion of an informal conference, the department shall issue a decision regarding the request for an exception to the applicant.
F. Exceptions to the Act shall be valid for a period of no more than five years.
G. An exception shall be renewed upon payment of a renewal fee and the receipt of certification from the practitioner or entity that the conditions under which the original exception was granted continue to warrant the exception.
Statutory Authority
§§ 54.1-2412 and 54.1-2505 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 5, eff. November 19, 2025.
18VAC76-50-40. Fees.
A. An application fee for an opinion on applicability of the Act shall be $500.
B. An application fee for an exception to the Act shall be $1,000.
C. The renewal fee for board approval of exceptions to the Act shall be $250.
Statutory Authority
§ 54.1-2505 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 5, eff. November 19, 2025.