32.1-102.4 - Conditions of certificates; monitoring; revocation of certificates.
§ 32.1-102.4. Conditions of certificates; monitoring; revocation ofcertificates.
A. A certificate shall be issued with a schedule for the completion of theproject and a maximum capital expenditure amount for the project. Theschedule may not be extended and the maximum capital expenditure may not beexceeded without the approval of the Commissioner in accordance with theregulations of the Board.
B. The Commissioner shall monitor each project for which a certificate isissued to determine its progress and compliance with the schedule and withthe maximum capital expenditure. The Commissioner shall also monitor allcontinuing care retirement communities for which a certificate is issuedauthorizing the establishment of a nursing home facility or an increase inthe number of nursing home beds pursuant to § 32.1-102.3:2 and shall enforcecompliance with the conditions for such applications which are required by §32.1-102.3:2. Any willful violation of a provision of § 32.1-102.3:2 orconditions of a certificate of public need granted under the provisions of §32.1-102.3:2 shall be subject to a civil penalty of up to $100 per violationper day until the date the Commissioner determines that such facility is incompliance.
C. A certificate may be revoked when:
1. Substantial and continuing progress towards completion of the project inaccordance with the schedule has not been made;
2. The maximum capital expenditure amount set for the project is exceeded;
3. The applicant has willfully or recklessly misrepresented intentions orfacts in obtaining a certificate; or
4. A continuing care retirement community applicant has failed to honor theconditions of a certificate allowing the establishment of a nursing homefacility or granting an increase in the number of nursing home beds in anexisting facility which was approved in accordance with the requirements of §32.1-102.3:2.
D. Further, the Commissioner shall not approve an extension for a schedulefor completion of any project or the exceeding of the maximum capitalexpenditure of any project unless such extension or excess complies with thelimitations provided in the regulations promulgated by the Board pursuant to§ 32.1-102.2.
E. Any person willfully violating the Board's regulations establishinglimitations for schedules for completion of any project or limitations on theexceeding of the maximum capital expenditure of any project shall be subjectto a civil penalty of up to $100 per violation per day until the date ofcompletion of the project.
F. The Commissioner may condition, pursuant to the regulations of the Board,the approval of a certificate (i) upon the agreement of the applicant toprovide a level of care at a reduced rate to indigents or accept patientsrequiring specialized care or (ii) upon the agreement of the applicant tofacilitate the development and operation of primary medical care services indesignated medically underserved areas of the applicant's service area.
The certificate holder shall provide documentation to the Departmentdemonstrating that the certificate holder has satisfied the conditions of thecertificate. If the certificate holder is unable or fails to satisfy theconditions of a certificate, the Department may approve alternative methodsto satisfy the conditions pursuant to a plan of compliance. The plan ofcompliance shall identify a timeframe within which the certificate holderwill satisfy the conditions of the certificate, and identify how thecertificate holder will satisfy the conditions of the certificate, which mayinclude (i) making direct payments to an organization authorized under amemorandum of understanding with the Department to receive contributionssatisfying conditions of a certificate, (ii) making direct payments to aprivate nonprofit foundation that funds basic insurance coverage forindigents authorized under a memorandum of understanding with the Departmentto receive contributions satisfying conditions of a certificate, or (iii)other documented efforts or initiatives to provide primary or specializedcare to underserved populations. In determining whether the certificateholder has met the conditions of the certificate pursuant to a plan ofcompliance, only such direct payments, efforts, or initiatives made orundertaken after issuance of the conditioned certificate shall be countedtowards satisfaction of conditions.
Any person willfully refusing, failing, or neglecting to honor such agreementshall be subject to a civil penalty of up to $100 per violation per day untilthe date of compliance.
G. For the purposes of this section, "completion" means conclusion ofconstruction activities necessary for the substantial performance of thecontract.
(1982, c. 388; 1991, c. 561; 1992, c. 682; 1993, cc. 668, 704; 1998, c. 794;2009, cc. 175, 711, 796, 877.)