32.1-102.3:6 - Certificates for certain nursing home beds - Virginia Statutes

§ 32.1-102.3:6. Certificates for certain nursing home beds.

Notwithstanding the provisions of § 32.1-102.1, the relocation of 10 or fewernursing home beds or 10 percent of the beds, whichever is less, from onefacility to another facility under common ownership or control that islocated in an adjacent planning district shall not constitute a "project"for purposes of Article 1.1 (§ 32.1-102.1 et seq.) of Chapter 4 of Title32.1, and any regulations of the Board of Health adopted pursuant thereto,provided that the facility to which the beds will be transferred is incompliance with all other laws governing such facilities and, as of December31 of the year preceding the year in which relocation is proposed, thefollowing criteria are met:

1. The occupancy rate of the facility from which beds are to be relocatedwas, based upon the total number of beds for which the facility is licensed,less than 90 percent for that preceding year;

2. The average occupancy rate of the facility to which beds are to berelocated was, based upon the total number of beds for which the facility islicensed, 95 percent or more over the previous two years; and

3. Prior to the transfer, the facility to which the beds are to be relocatedwas licensed for 50 or fewer nursing home beds.

(2010, cc. 54, 408.)