Vol. 28 Iss. 4 - October 24, 2011

Chapter 220
Final Regulation

REGISTRAR'S NOTICE: The State Board of Health is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Board of Health will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 12VAC5-220. Virginia Medical Care Facilities Certificate of Public Need Rules and Regulations (repealing 12VAC5-220-500).

Statutory Authority: § 32.1-102.2 of the Code of Virginia.

Effective Date: November 23, 2011.

Agency Contact: Carrie Eddy, Senior Policy Analyst, Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2157, or email


Chapters 92 and 150 of the 2011 Acts of Assembly amended § 32.1-102.1 of the Code of Virginia related to the Certificate of Public Need (COPN) program by adding the Department of Veterans Services to the listing of state medical care facilities exempted from obtaining a COPN prior to constructing or renovating any of Virginia's veteran care centers. The Department of Veterans Services operates several skilled nursing facilities for veterans in Virginia, each having obtained a special legislative exemption to COPN. Such exemptions are already allowed for the Virginia Department of Behavioral Health and Developmental Services, the Woodrow Wilson Rehabilitation Center, and the Department of Corrections. Because the exemption is now statutory, the applicable section of the COPN regulation is being repealed.

Part XI

12VAC5-220-500. Exemption of Virginia Veterans Care Center (Repealed).

Notwithstanding the foregoing and other provisions of Article 1.1 (§ 32.1-102.1 et seq.) of Chapter 4 of Title 32.1 of the Code of Virginia, the Virginia Veterans Care Center authorized by Chapter 668, 1989 Acts of Assembly, shall be exempt from all certificate of public need review requirements as a medical care facility.

VA.R. Doc. No. R12-2816; Filed September 28, 2011, 11:58 a.m.