32.1-102.3:5 - Relocation of certain nursing home beds under limited circumstances
§ 32.1-102.3:5. Relocation of certain nursing home beds under limitedcircumstances.
A. Notwithstanding (i) the provisions of §§ 32.1-102.3 and 32.1-102.3:2, (ii)any regulations of the Board establishing standards for the approval andissuance of Requests for Applications, and (iii) the provisions of anycurrent Requests for Applications issued by the Commissioner pursuant to §32.1-102.3:2, the Commissioner shall accept applications and may issuecertificates of public need for nursing home beds when such beds are arelocation from one facility to another facility under common ownership orcontrol, regardless of whether they are in the same planning district, if, asof December 31 of the year preceding the year in which relocation isproposed, the following criteria are met:
1. The occupancy rate of the facility seeking to relocate beds, based uponthe total number of beds for which the facility is licensed, was less than67%;
2. Greater than 25% of the residents of the facility from which beds are tobe relocated, immediately prior to moving to the facility, resided outsidethe planning district in which the facility is located; and
3. Any facility to which beds are to be relocated has experienced an averageoccupancy rate that meets or exceeds 90%.
B. A relocation of nursing home beds under the circumstances described hereinshall not constitute a "project" as defined in § 32.1-102.1. An entity maynot relocate more than two-thirds of the total number of beds for which thefacility was licensed prior to any relocation pursuant to this section. Anyrestrictions that apply to the certificate at the time of the relocationshall remain in effect following the relocation.
(2007, c. 398; 2009, c. 175.)