Virginia Code

Va. Code Ann. § 32.1-102.1 (2026)

Definitions

✓ current as of May 2026

Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

As used in this article, unless the context indicates otherwise:

"Application" means a prescribed format for the presentation of data and information deemed necessary by the Board to determine a public need for a project.

"Bad debt" means revenue amounts deemed uncollectable as determined after collection efforts based upon sound credit and collection policies.

"Certificate" means a certificate of public need for a project required by this article.

"Charity care" means health care services delivered to a patient who has a family income at or below 200 percent of the federal poverty level and for which it was determined that no payment was expected (i) at the time the service was provided because the patient met the facility's criteria for the provision of care without charge due to the patient's status as an indigent person or (ii) at some time following the time the service was provided because the patient met the facility's criteria for the provision of care without charge due to the patient's status as an indigent person. "Charity care" does not include care provided for a fee subsequently deemed uncollectable as bad debt. For a nursing home as defined in § 32.1-123, "charity care" means care at a reduced rate to indigent persons.

"Clinical health service" means a single diagnostic, therapeutic, rehabilitative, preventive or palliative procedure or a series of such procedures that may be separately identified for billing and accounting purposes.

"Health planning region" means a contiguous geographical area of the Commonwealth with a population base of at least 500,000 persons which is characterized by the availability of multiple levels of medical care services, reasonable travel time for tertiary care, and congruence with planning districts.

"Project" means any action described in subsection B of § 32.1-102.1:3.

"Regional health planning agency" means the regional agency, including the regional health planning board, its staff and any component thereof, designated by the Virginia Health Planning Board to perform the health planning activities set forth in this chapter within a health planning region.

"State Health Services Plan" means the planning document adopted by the Board of Health which shall include, but not be limited to, (i) methodologies for projecting need for each type of medical care facility described in subsection A of § 32.1-102.1:3 and each type of project described in subsection B of § 32.1-102.1:3; (ii) statistical information on the availability of each type of medical care facility described in subsection A of § 32.1-102.1:3 and each type of project described in subsection B of § 32.1-102.1:3; and (iii) procedures, criteria, and standards for review of applications for projects for each type of medical care facility described in subsection A of § 32.1-102.1:3 and each type of project described in subsection B of § 32.1-102.1:3.

1982, c. 388; 1983, c. 533; 1984, c. 740; 1985, c. 513; 1989, c. 517; 1991, c. 561; 1992, c. 612; 1993, c. 704; 1995, c. 524; 1996, c. 1050; 1997, c. 600; 1998, c. 289; 1999, cc. 899, 920, 922; 2000, cc. 850, 920; 2004, c. 75; 2007, c. 502; 2008, c. 664; 2009, cc. 67, 175, 813, 840; 2011, cc. 92, 150; 2012, cc. 476, 492, 507, 803, 835; 2015, cc. 541, 542, 651; 2017, cc. 458, 791; 2020, c. 1271.

Notes of Decisions

Cited in 38 cases (2 in the last 5 years), 1984–2023 · leading case: Laurels of Bon Air, LLC v. Med. Facilities of Am. LIV Ltd. P'ship, 659 S.E.2d 561 (Va. Ct. App. 2008).

Sort: Relevance Newest Treatment

Laurels of Bon Air, LLC v. Med. Facilities of Am. LIV Ltd. P'ship, 659 S.E.2d 561 (Va. Ct. App. 2008). · cites it 30× “The definition of "project" under Code § 32.1-102.1 includes any "increase in the total number of beds" in an "existing medical care facility" like a nursing home.”

Va Dept. of Health v. Nrv Real Est., LLC, 677 S.E.2d 276 (Va. 2009). · cites it 12× “Code § 32.1-102.1. The Commissioner may only accept or approve an application for a *278 COPN that would result in an increase in the number of nursing home beds within the planning district in which the project is located, if the application is in response to "Requests for…”

Gordon v. Allen, 482 S.E.2d 66 (Va. Ct. App. 1997). · cites it 16× “’s request for a determination of nonreviewability under the certifícate of public need (COPN) statute, Code § 32.1-102.1 et seg., 1 and holding that statute to be unconstitutionally vague.”

Reston Hosp. Ctr., LLC v. Karen Remley, M.D., M.B.A., F.A.A.P., etc., 763 S.E.2d 238 (Va. Ct. App. 2014). · cites it 6× “Code § 32.1-102.1. “No person shall commence any project without first obtaining a certificate issued by the Commissioner.”

NRV Real Est., LLC v. Virginia Dep't of Health, 659 S.E.2d 527 (Va. Ct. App. 2008). · cites it 16× “Code § 32.1-102.1. 1 The agency may not accept applications for a COPN “for any project which would result in an increase in the number of beds .”

Johnston-Willis, Ltd. v. Kenley, 369 S.E.2d 1 (Va. Ct. App. 1988). · cites it 2× “See Code § 32.1-102.1 (defining “project”). A designated state agency is appointed to determine if there exists a public need for a given project.”

Colon Health Centers of Am., LLC v. Hazel, 813 F.3d 145 (4th Cir. 2016). “Va.Code Ann. §§ 32.1-102.1 et seq.; 12 Va.”

Loudon Hosp. Ctr. v. Robert B. Stroude, M.D., 650 S.E.2d 879 (Va. Ct. App. 2007). · cites it 2× “This case involves Virginia’s Medical Care Facilities Certificate of Public Need (“COPN”) Law, Code § 32.1-102.1 et seq. Loudoun Hospital Center (“LHC”) appeals from the trial court’s April 27, 2006 final order which upheld the decision of the State Health Commissioner (“the…”

Chippenham & Johnston-Willis Hospitals, Inc. v. Peterson, 553 S.E.2d 133 (Va. Ct. App. 2001). · cites it 2× “An entity may show “good cause” by establishing the existence of “a substantial material mistake of fact or law in the Department staffs report on the application or in the report submitted by the health planning agency[, the CVHPA,]” or “significant relevant information not…”

Reston Hosp. Ctr., LLC v. Remley, 717 S.E.2d 417 (Va. Ct. App. 2011). · cites it 2× “" See Code § 32.1-102.1; 12 VAC 5-220-10. 8 . The Commissioner also included a plea of sovereign immunity before the circuit court.”

Richlands Med. Ass'n v. Commonwealth, 337 S.E.2d 737 (Va. 1985). · cites it 2× “388, and were replaced by Code §§ 32.1-102.1 to 32.1-102.11, inclusive (1985 Repl.”

Roanoke Mem'l Hospitals v. Kenley, 352 S.E.2d 525 (Va. Ct. App. 1987). · cites it 2× “Pursuant to Code §§ 32.1-102.1 et seq., it applied to the Commissioner of Health for a Certificate of Need (CON) to construct a radiation therapy suite adjacent to the main hospital and to purchase the equipment necessary to initiate radiation therapy services.”

Show all 38 citing cases →

— Va. Code Ann. § 32.1-102.1(A) — 1 case

Chippenham & Johnston-Willis Hospitals, Inc. v. Peterson, 553 S.E.2d 133 (Va. Ct. App. 2001). “An entity may show “good cause” by establishing the existence of “a substantial material mistake of fact or law in the Department staffs report on the application or in the report submitted by the health planning agency[, the CVHPA,]” or “significant relevant information not…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.