Virginia certificate of need
Virginia has a certificate of need program, run by Virginia Department of Health; the State Health Commissioner issues certificates after review by regional health planning agencies. It covers 8 kinds of services, listed below.
- CON program
- Yes
- Services covered
- 8
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Virginia CON program
Virginia has a certificate of need program, run by Virginia Department of Health; the State Health Commissioner issues certificates after review by regional health planning agencies. It covers 8 kinds of services, listed below.
- CON program
- Yes
- Program
- Certificate of Public Need (COPN)
- Application fee
- 1.0% of proposed project expenditure, minimum $1,000 and maximum $20,000; the application is not complete until paid (12VAC5-220-180).
- Review timeline
- Letter of intent at least 30 days before submission (or 10 days after the first LOI in the batch group); application due 40 days before the batch review cycle starts. Batch review cycles may not exceed 190 days. Regional health planning agencies review within 60 calendar days and report within 10 days after that; public comment runs up to 45 days after notice (Va. Code §32.1-102.6).
- Recent changes
- Va. Code §32.1-102.1:3 has a version expiring July 1, 2028 and a successor version effective that date. The main difference: the current text lets critical access hospitals use up to 10 swing beds per day (averaged over the fiscal year) without a COPN, and the 2028 version drops that provision.
- Statute
- Va. Code §§32.1-102.1 through 32.1-102.12; 12VAC5-220
Services that need a certificate of need
- hospitals, including DBHDS-licensed psychiatric hospitals
- nursing homes and new nursing home services
- intermediate care facilities for substance abuse treatment
- certain small ICFs for persons with developmental disabilities (not ICF/IID of 12 beds or fewer in need areas)
- outpatient/ambulatory surgery centers and physician-office surgery
- cardiac catheterization, CT, MRI, PET, radiation therapy, stereotactic radiotherapy (non-linear-accelerator), proton beam therapy
- bed or operating room increases and bed relocations
- new medical rehabilitation, neonatal special care, open heart surgery, psychiatric, and organ/tissue transplant services
Frequently asked questions
Does Virginia have a certificate of need law?
Virginia has a certificate of need program, run by Virginia Department of Health; the State Health Commissioner issues certificates after review by regional health planning agencies. It covers 8 kinds of services, listed below.
How long does a Virginia CON review take?
Letter of intent at least 30 days before submission (or 10 days after the first LOI in the batch group); application due 40 days before the batch review cycle starts. Batch review cycles may not exceed 190 days. Regional health planning agencies review within 60 calendar days and report within 10 days after that; public comment runs up to 45 days after notice (Va. Code §32.1-102.6).
How much is a Virginia CON application?
1.0% of proposed project expenditure, minimum $1,000 and maximum $20,000; the application is not complete until paid (12VAC5-220-180).