Proposed Regulations Governing Diagnostic Imaging Services in Virginia Will Impact Volume Standards for Healthcare Providers

The Virginia Department of Health State Health Services Plan Task Force’s Diagnostic Imaging Facilities and Services Committee (DIFSCOM) has proposed recommendations related to volume standards for PET, MRI, and CT services under the Certificate of Public Need (COPN) process.

The proposed regulations aim to standardize how these diagnostic imaging services are reviewed and approved and would impact healthcare providers throughout Virginia. 

Once finalized, the proposal will be submitted to the Virginia Department of Health’s Board of Health for final approval and is expected to take effect in approximately one year. 

Overall, the proposed changes to the current state medical facilities plan (SMFP) language are more favorable for future projects, as they include reduced utilization thresholds for PET and MRI and an exception for medically underserved areas. 

Below are some key highlights from the DIFSCOM Recommendations (note that the committee did not adopt the language in red included in the recommendations linked above):

PET

• Lowered utilization from 6,000 to 2,500 procedures for new fixed-site PET scanner and expansion of fixed-site PET services
• Staffing:
  • Include individuals trained in use of PET scanner

MRI

• Lowered utilization from 5,000 to 4,500 procedures for new fixed-site and expansion of fixed-site MRI scanners
• Staffing:
  • Include individuals trained in the use of an MRI scanner

CT

• Utilization requirement of 7,400 average scans for new or expanded fixed site services for both hospital-based/emergency services and freestanding diagnostic imaging centers
• Expand volume exception to operating room-based CT scanners and image guided procedures
• Staffing:
  • Include individuals trained in use of a CT scanner
• Specify definitions: scan, visit, institutional need, and site of service in SHSP

PET, MRI, and CT

Addition of PET/MRI/CT scanner to serve medical desert (as defined in the DIFSCOM Recommendations) is exempt from volume standards if it is at least 30 miles from the next closest PET/MRI/CT scanner.

Please contact Peter Mellette, Harrison Gibbs, or Alex Owens with Goodman Allen Donnelly’s Health Care practice with any questions.