Certification of Public Need (COPN) Compliance with COPN Conditions

Under the authority of § 32.1 – 102.2(C) of the Code, the State Health Commissioner may condition the issuance of a COPN for the:

• Provision of an acceptable level of care at a reduced rate to indigents;
• Provision of care to persons with special needs; or
• Facilitate the development and operation of primary medical care services in designated medically underserved areas of the applicant’s service area.

The Code of Virginia and the COPN regulation provide penalties for an applicant’s failure to comply with the terms of such agreements.  Applicants who willfully refuse, fail or neglect to honor the conditioned agreements shall be subject to a civil penalty of $100 per day per violation.  The Code, at § 32.1 – 102.2(C), also directs the Commissioner to condition any hospital or nursing home license or license renewal upon the hospital or nursing home meeting the conditions of its COPN(s).

• guidance document
• Conditions applied
• Condition compliance and non-compliance