H. B. 4682
(By Delegates Amores, Perdue, Stemple,
Hartman and Craig)
[Introduced February 21, 2006; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend and reenact §16-2D-5, §16-2D-6 and §16-2D-9 of the
Code of West Virginia, 1931, as amended; and to amend and
reenact §29A-1-3 of said code, all relating to certificate of
need standards; establishing standards for and guidance to the
Health Care Authority in making amendments and modification to
certificate of need standards; setting forth factors that the
Health Care Authority shall and may consider in amending or
modifying certificate of need standards and rules; identifying
sources the Health Care Authority may consider in amending or
modifying certificate of need standards; setting forth factors
that the Health Care Authority shall and may consider in
amending or modifying need methodology contained in
certificate of need standards; setting forth factors that the
Health Care Authority shall and may consider in amending or
modifying cost standards contained in certificate of need standards; setting forth factors that the Health Care
Authority shall and may consider in amending or modifying
quality standards contained in certificate of need standards;
setting forth factors that the Health Care Authority shall
and may consider in amending or modifying continuum or care
standards contained in certificate of need standards; setting
forth factors that the Health Care Authority shall and may
consider in amending or modifying accessibility standards
contained in certificate of need standards; setting forth
factors that the Health Care Authority shall and may consider
in amending or modifying availability and alternative
standards contained in certificate of need standards;
providing guidance and direction to the Health Care Authority
in amending or modifying definitions contained in certificate
of need standards; providing that applications for a
certificate of need may be made subject to criteria contained
in certificate of needs standards; providing that decisions
may be made by the Health Care Authority on applications for
certificate of need standards based upon a review conducted in
accordance with certificate of need standards; and exempting
the certificate of need standards of the Health Care
Authority from the rulemaking requirements of chapter
twenty-nine-a of the code.
Be it enacted by the Legislature of West Virginia:
That §16-2D-5, §16-2D-6 and §16-2D-9 of the Code of West
Virginia, 1931, as amended, be amended and reenacted; and that
§29A-1-3 of said code be amended and reenacted, all to read as
follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 2D. CERTIFICATE OF NEED.
§16-2D-5. Powers and duties of state agency.
(a) The state agency shall administer the certificate of need
program as provided by this article.
(b) The state agency is responsible for coordinating and
developing the health planning research efforts of the state and
for amending and modifying the state health plan which includes the
certificate of need standards. The state agency shall review the
state health plan, including the certificate of need standards and
make any necessary amendments and modifications within three years
from the effective date of this section. The state agency shall
also review the cost effectiveness of the certificate of need
program. The state agency may form task forces to assist it in
addressing these issues. The task forces shall be composed of
representatives of consumers, business, providers, payers and state
agencies.
(c) The state agency may seek advice and assistance of other
persons, organizations and other state agencies in the performance
of the state agency's responsibilities under this article.
(d) For health services for which competition appropriately
allocates supply consistent with the state health plan, the state
agency shall, in the performance of its functions under this
article, give priority, where appropriate to advance the purposes
of quality assurance, cost effectiveness and access, to actions
which would strengthen the effect of competition on the supply of
the services.
(e) For health services for which competition does not or will
not appropriately allocate supply consistent with the state health
plan, the state agency shall, in the exercise of its functions
under this article, take actions, where appropriate to advance the
purposes of quality assurance, cost effectiveness and access and
the other purposes of this article, to allocate the supply of the
services.
(f) Notwithstanding the provisions of section seven of this
article, the state agency may charge a fee for the filing of any
application, the filing of any notice in lieu of an application,
the filing of any exemption determination request or the filing of
any request for a declaratory ruling. The fees charged may vary
according to the type of matter involved, the type of health
service or facility involved or the amount of capital expenditure
involved. The state agency shall implement this subsection by
filing procedural rules pursuant to chapter twenty-nine-a of this
code. The fees charged shall be deposited into a special fund known as the certificate of need program fund to be expended for
the purposes of this article.
(g) No hospital, nursing home or other health care facility
shall may add any intermediate care or skilled nursing beds to its
current licensed bed complement. This prohibition also applies to
the conversion of acute care or other types of beds to intermediate
care or skilled nursing beds:
Provided, That hospitals eligible
under the provisions of section four-a and subsection (i), section
five of this article may convert acute care beds to skilled nursing
beds in accordance with the provisions of these sections, upon
approval by the state agency. Furthermore, no certificate of need
shall may be granted for the construction or addition of any
intermediate care or skilled nursing beds except in the case of
facilities designed to replace existing beds in unsafe existing
facilities. A health care facility in receipt of a certificate of
need for the construction or addition of intermediate care or
skilled nursing beds which was approved prior to the effective date
of this section
shall may not incur an obligation for a capital
expenditure within twelve months of the date of issuance of the
certificate of need. No extensions
shall may be granted beyond the
twelve-month period. The state agency shall establish a task force
or utilize an existing task force to study the need for additional
nursing facility beds in this state. The study shall include a
review of the current moratorium on the development of nursing facility beds; the exemption for the conversion of acute care beds
to skilled nursing facility beds; the development of a methodology
to assess the need for additional nursing facility beds; and,
certification of new beds both by medicare and medicaid. The task
force shall be composed of representatives of consumers, business,
providers, payers and government agencies.
(h) No additional intermediate care facility for the mentally
retarded (ICF/MR) beds
shall may be granted a certificate of need,
except that prohibition does not apply to ICF/MR beds approved
under the Kanawha County circuit court order of the third day of
August, one thousand nine hundred eighty-nine, civil action number
MISC-81-585 issued in the case of
E. H. v. Matin, 168 W.V. 248, 284
S.E.2d 232 (1981).
(i) Notwithstanding the provisions of subsection (g), section
five of this article and, further notwithstanding the provisions of
subsection (b), section three of this article, an existing acute
care hospital may apply to the Health Care Authority for a
certificate of need to convert acute care beds to skilled nursing
beds:
Provided, That the proposed skilled nursing beds are
medicare certified only:
Provided, however, That any hospital
which converts acute care beds to medicare certified only skilled
nursing beds
shall may not bill for any medicaid reimbursement for
any converted beds. In converting beds, the hospital shall convert
a minimum of one acute care bed into one medicare certified only skilled nursing bed. The Health Care Authority may require a
hospital to convert up to and including three acute care beds for
each medicare certified only skilled nursing bed:
Provided
further, That a hospital designated or provisionally designated by
the state agency as a rural primary care hospital may convert up to
thirty beds to a distinct-part nursing facility, including skilled
nursing beds and intermediate care beds, on a one-for-one basis if
the rural primary care hospital is located in a county without a
certified free-standing nursing facility and the hospital may bill
for medicaid reimbursement for the converted beds:
And provided
further, That if the hospital rejects the designation as a rural
primary care hospital then the hospital may not bill for medicaid
reimbursement. The Health Care Authority shall adopt rules to
implement this subsection which require that:
(1) All acute care beds converted shall be permanently deleted
from the hospital's acute care bed complement and the hospital may
not thereafter add, by conversion or otherwise, acute care beds to
its bed complement without satisfying the requirements of
subsection (b), section three of this article for which purposes an
addition, whether by conversion or otherwise, shall be considered
a substantial change to the bed capacity of the hospital
notwithstanding the definition of that term found in subsection
(ff), section two of this article.
(2) The hospital shall meet all federal and state licensing certification and operational requirements applicable to nursing
homes including a requirement that all skilled care beds created
under this subsection shall be located in distinct-part,
long-term care units.
(3) The hospital shall demonstrate a need for the project.
(4) The hospital shall use existing space for the medicare
certified only skilled nursing beds. Under no circumstances
shall
may the hospital construct, lease or acquire additional space for
purposes of this section.
(5) The hospital shall notify the acute care patient, prior to
discharge, of facilities with skilled nursing beds which are
located in or near the patient's county of residence. Nothing in
this subsection negatively affects the rights of inspection and
certification which are otherwise required by federal law or
regulations or by this code or duly adopted rules of an authorized
state entity.
(j)(1) Notwithstanding the provisions of subsection (g) of
this section, a retirement life care center with no skilled nursing
beds may apply to the Health Care Authority for a certificate of
need for up to sixty skilled nursing beds
provided if the proposed
skilled beds are medicare certified only. On a statewide basis, a
maximum of one hundred eighty skilled beds which are medicare
certified only may be developed pursuant to this subsection. The
state health plan is not applicable to projects submitted under this subsection. The Health Care Authority shall adopt rules to
implement this subsection which shall include a requirement that:
(A) The one hundred eighty beds are to be distributed on a
statewide basis;
(B) There be a minimum of twenty beds and a maximum of sixty
beds in each approved unit;
(C) The unit developed by the retirement life care center meet
all federal and state licensing certification and operational
requirements applicable to nursing homes;
(D) The retirement center demonstrate a need for the project;
(E) The retirement center offer personal care, home health
services and other lower levels of care to its residents; and
(F) The retirement center demonstrate both short and long-term
financial feasibility.
(2) Nothing in this subsection negatively affects the rights
of inspection and certification which are otherwise required by
federal law or regulations or by this code or duly adopted rules of
an authorized state entity.
(k) The state agency may order a moratorium upon the offering
or development of a new institutional health service, when criteria
and guidelines for evaluating the need for the new institutional
health service have not yet been adopted or are obsolete. The
state agency may also order a moratorium on the offering or
development of a health service, notwithstanding the provisions of subdivision (5), subsection (b), section three of this article,
when it determines that the proliferation of the service may cause
an adverse impact on the cost of health care or the health status
of the public. A moratorium shall be declared by a written order
which shall detail the circumstances requiring the moratorium.
Upon the adoption of criteria for evaluating the need for the
health service affected by the moratorium, or one hundred eighty
days from the declaration of a moratorium, whichever is less, the
moratorium shall be declared to be over and applications for
certificates of need are processed pursuant to section six of this
article.
(l) (1) The state agency shall coordinate the collection of
information needed to allow the state agency to develop recommended
modifications to certificate of need standards as required in
this article. When the state agency proposes amendments or
modifications to the certificate of need standards, it shall file
with the Secretary of State, for publication in the State Register,
a notice of proposed action, including the text of all proposed
amendments and modifications, and a date, time and place for
receipt of general public comment. To comply with the public
comment requirement of this section, the state agency may hold a
public hearing or schedule a public comment period for the receipt
of written statements or documents.
(2) When amending and modifying the certificate of need standards, the state agency shall identify relevant criteria
contained in section six of this article or rules adopted pursuant
to section eight of this article, and apply those relevant criteria
to the proposed new institutional health service in a manner that
promotes the public policy goals and legislative findings contained
in section one of this article. In doing so, the state agency may
consult with or rely upon learned treatises in health planning,
recommendations and practices of other health planning agencies and
organizations, recommendations from consumers, recommendations from
health care providers, recommendations from third-party payors,
materials reflecting the standard of care, the state agency
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s own
developed expertise in health planning, data accumulated by the
state agency or other local, state or federal agency or
organization, and any other source deemed relevant to the
certificate of need standards proposed for amendment or
modification.
(2) (3) All proposed amendments and modifications to the
certificate of need standards, with a record of the public hearing
or written statements and documents received pursuant to a public
comment period, shall be presented to the Governor. Within thirty
days of receiving the proposed amendments or modifications, the
Governor shall either approve or disapprove all or part of the
amendments and modifications, and, for any portion of amendments or
modifications not approved, shall specify the reason or reasons for nonapproval. Any portions of the amendments or modifications not
approved by the Governor may be revised and resubmitted.
(m) The state agency may exempt from or expedite rate review,
certificate of need, and annual assessment requirements and issue
grants and loans to financially vulnerable health care facilities
located in underserved areas that the state agency and the Office
of Community and Rural Health Services determine are collaborating
with other providers in the service area to provide cost effective
health care services.
§16-2D-6. Minimum criteria for certificate of need reviews.
(a) Except as provided in subsection (f), section nine of this
article, in making its determination as to whether a certificate of
need shall be issued, the state agency shall, at a minimum,
consider all of the following criteria that are applicable:
Provided, That the criteria set forth in subsection (f) of this
section apply to all hospitals, nursing homes and health care
facilities when ventilator services are to be provided for any
nursing facility bed:
(1) The relationship of the health services being reviewed to
the state health plan;
(2) The relationship of services reviewed to the long-range
development plan of the person providing or proposing the services;
(3) The need that the population served or to be served by the
services has for the services proposed to be offered or expanded, and the extent to which all residents of the area, and in
particular low income persons, racial and ethnic minorities, women,
handicapped persons, other medically underserved population, and
the elderly, are likely to have access to those services;
(4) The availability of less costly or more effective
alternative methods of providing the services to be offered,
expanded, reduced, relocated or eliminated;
(5) The immediate and long-term financial feasibility of the
proposal as well as the probable impact of the proposal on the
costs of and charges for providing health services by the person
proposing the new institutional health service;
(6) The relationship of the services proposed to the existing
health care system of the area in which the services are proposed
to be provided;
(7) In the case of health services proposed to be provided,
the availability of resources, including health care providers,
management personnel, and funds for capital and operating needs,
for the provision of the services proposed to be provided and the
need for alternative uses of these resources as identified by the
state health plan and other applicable plans;
(8) The appropriate and nondiscriminatory utilization of
existing and available health care providers;
(9) The relationship, including the organizational
relationship, of the health services proposed to be provided to ancillary or support services;
(10) Special needs and circumstances of those entities which
provide a substantial portion of their services or resources, or
both, to individuals not residing in the health service areas in
which the entities are located or in adjacent health service areas.
The entities may include medical and other health professional
schools, multidisciplinary clinics and specialty centers;
(11) In the case of a reduction or elimination of a service,
including the relocation of a facility or a service, the need that
the population presently served has for the service, the extent to
which that need will be met adequately by the proposed relocation
or by alternative arrangements, and the effect of the reduction,
elimination or relocation of the service on the ability of low
income persons, racial and ethnic minorities, women, handicapped
persons, other medically underserved population, and the elderly,
to obtain needed health care;
(12) In the case of a construction project: (A) The cost and
methods of the proposed construction, including the costs and
methods of energy provision; and (B) the probable impact of the
construction project reviewed on the costs of providing health
services by the person proposing the construction project and on
the costs and charges to the public of providing health services by
other persons;
(13) In the case of health services proposed to be provided, the effect of the means proposed for the delivery of proposed
health services on the clinical needs of health professional
training programs in the area in which the services are to be
provided;
(14) In the case of health services proposed to be provided,
if the services are to be available in a limited number of
facilities, the extent to which the schools in the area for health
professions will have access to the services for training purposes;
(15) In the case of health services proposed to be provided,
the extent to which the proposed services will be accessible to all
the residents of the area to be served by the services;
(16) In accordance with section five of this article, the
factors influencing the effect of competition on the supply of the
health services being reviewed;
(17) Improvements or innovations in the financing and delivery
of health services which foster competition, in accordance with
section five of this article, and serve to promote quality
assurance and cost effectiveness;
(18) In the case of health services or facilities proposed to
be provided, the efficiency and appropriateness of the use of
existing services and facilities similar to those proposed;
(19) In the case of existing services or facilities, the
quality of care provided by the services or facilities in the past;
(20) In the case where an application is made by an osteopathic or allopathic facility for a certificate of need to
construct, expand, or modernize a health care facility, acquire
major medical equipment, or add services, the need for that
construction, expansion, modernization, acquisition of equipment,
or addition of services shall be considered on the basis of the
need for and the availability in the community of services and
facilities for osteopathic and allopathic physicians and their
patients. The state agency shall consider the application in terms
of its impact on existing and proposed institutional training
programs for doctors of osteopathy and medicine at the student,
internship, and residency training levels;
(21) The special circumstances of health care facilities with
respect to the need for conserving energy;
(22) The contribution of the proposed service in meeting the
health related needs of members of medically underserved
populations which have traditionally experienced difficulties in
obtaining equal access to health services, particularly those needs
identified in the state health plan as deserving of priority. For
the purpose of determining the extent to which the proposed service
will be accessible, the state agency shall consider:
(A) The extent to which medically underserved populations
currently use the applicant's services in comparison to the
percentage of the population in the applicant's service area which
is medically underserved, and the extent to which medically underserved populations are expected to use the proposed services
if approved;
(B) The performance of the applicant in meeting its
obligation, if any, under any applicable federal regulations
requiring provision of uncompensated care, community service, or
access by minorities and handicapped persons to programs receiving
federal financial assistance, including the existence of any civil
rights access complaints against the applicant;
(C) The extent to which medicare, medicaid and medically
indigent patients are served by the applicant; and
(D) The extent to which the applicant offers a range of means
by which a person will have access to its services, including, but
not limited to, outpatient services, admission by a house staff and
admission by personal physician;
(23) The existence of a mechanism for soliciting consumer
input into the health care facility's decision making process.
(b) The state agency may include additional criteria which it
prescribes by rules adopted pursuant to section eight of this
article.
(c) Criteria for reviews may vary according to the purpose for
which a particular review is being conducted or the types of health
services being reviewed.
(d) An application for a certificate of need may not be made
subject to any criterion not contained in this article, or not contained in rules adopted pursuant to section eight of this
article or the certificate of need standards approved pursuant to
section five of this article.
(e) In the case of any proposed new institutional health
service, the state agency may not grant a certificate of need under
its certificate of need program unless, after consideration of the
appropriateness of the use of existing facilities providing
services similar to those being proposed, the state agency makes,
in addition to findings required in section nine of this article,
each of the following findings in writing: (1) That superior
alternatives to the services in terms of cost, efficiency and
appropriateness do not exist and the development of alternatives is
not practicable; (2) that existing facilities providing services
similar to those proposed are being used in an appropriate and
efficient manner; (3) that in the case of new construction,
alternatives to new construction, such as modernization or sharing
arrangements, have been considered and have been implemented to the
maximum extent practicable; (4) that patients will experience
serious problems in obtaining care of the type proposed in the
absence of the proposed new service; and (5) that in the case of a
proposal for the addition of beds for the provision of skilled
nursing or intermediate care services, the addition will be
consistent with the plans of other agencies of the state
responsible for the provision and financing of long-term care facilities or services including home health services.
(f) In the case where an application is made by a hospital,
nursing home or other health care facility to provide ventilator
services which have not previously been provided for a nursing
facility bed, the state agency shall consider the application in
terms of the need for the service and whether the cost exceeds the
level of current medicaid services. No facility may, by providing
ventilator services, provide a higher level of service for a
nursing facility bed without demonstrating that the change in level
of service by provision of the additional ventilator services will
result in no additional fiscal burden to the state.
(g) In the case where application is made by any person or
entity to provide personal care services which are to be billed for
medicaid reimbursement, the state agency shall consider the
application in terms of the need for the service and whether the
cost exceeds the level of the cost of current medicaid services.
No person or entity may provide personal care services to be billed
for medicaid reimbursement without demonstrating that the provision
of the personal care service will result in no additional fiscal
burden to the state: Provided, That a certificate of need is not
required for a person providing specialized foster care personal
care services to one individual and those services are delivered in
the provider's home. The state agency shall also consider the
total fiscal liability to the state for all applications which have been submitted.
§16-2D-9. Agency to render final decision; issue certificate of
need; write findings; specify capital expenditure
maximum.
(a) Only the state agency, or the appropriate administrative
or judicial review body, may issue, deny or withdraw certificates
of need, grant exemptions from certificate of need reviews, or
determine that certificate of need reviews are not required.
(b) A certificate of need may only be issued if the proposed
new institutional health service is:
(1) Found to be needed; and
(2) Except in emergency circumstances that pose a threat to
public health, consistent with the state health plan.
(c) The state agency shall render a final decision on every
application for a certificate of need or application for exemption
in the form of an approval, a denial, or an approval with
conditions. Any decision of the state agency with respect to a
certificate of need, or exemption, shall be based solely on:
(1) The review of the state agency conducted in accordance
with procedures and criteria in this article, and in rules adopted
pursuant to section eight of this article and in the certificate of
need standards approved pursuant to section five of this article;
and
(2) The record established in administrative proceedings held with respect to the certificate of need or exemption.
(d) Approval with conditions does not give the state agency
authority to mandate new institutional health services not proposed
by the health care facility or health maintenance organization.
Issuance of a certificate of need or exemption may not be made
subject to any condition unless the condition directly relates to
criteria in this article, or in rules adopted pursuant to section
eight of this article or in the certificate of need standards
approved pursuant to section five of this article. Conditions may
be imposed upon the operations of the health care facility or
health maintenance organization for no longer than a three-year
period. Compliance with such the conditions may be enforced
through the mechanisms detailed in section thirteen of this
article.
(e)(1) For each proposed new institutional health service it
approves, the state agency shall, in addition to the written
findings required in subsection (e), section six of this article,
make a written finding, which shall take takes into account the
current accessibility of the facility as a whole, on the extent to
which the new institutional health service will meet the criteria
in subdivisions (3), (11) and (22), subsection (a), section six of
this article, regarding the needs of medically underserved
population, except in the following cases:
(A) Where the proposed new institutional health service is one described in subsection (f) of this section to eliminate or prevent
certain imminent safety hazards or to comply with certain licensure
or accreditation standards; or
(B) Where the new institutional health service is a proposed
capital expenditure not directly related to the provision of health
services or to beds or major medical equipment.
(2) If the state agency disapproves a proposed new
institutional health service for failure to meet the needs of
medically underserved populations, it shall so state in a written
finding.
(f) (1) Notwithstanding review criteria in section six of this
article, an application for a certificate of need shall be
approved, if the state agency finds that the facility or service
with respect to which such capital expenditure is proposed to be
made is needed and that the obligation of such capital expenditure
is consistent with the state health plan, for a capital expenditure
which is required:
(A) To eliminate or prevent imminent safety hazards as defined
by federal, state or local fire, building or life safety codes,
rules or regulations;
(B) To comply with state licensure standards; or
(C) To comply with accreditation or certification standards,
compliance with which is required to receive reimbursements under
Title XVIII of the Social Security Act or payments under the state plan for medical assistance approved under Title XIX of such that
act.
(2) An application for a certificate of need approved under
this subsection shall be approved only to the extent that the
capital expenditure is required to eliminate or prevent the hazards
described in subparagraph (A), subdivision (1), subsection (f) of
this section, or to comply with the standards described in either
subparagraph (B) or (C), subdivision (1), subsection (f) of this
section.
(g) The state agency shall send its decision along with
written findings to the person proposing the new institutional
health service or exemption and shall make it available to others
upon request.
(h) In the case of a final decision to approve or approve with
conditions a proposal for a new institutional health service, the
state agency shall issue a certificate of need to the person
proposing the new institutional health service.
(i) The state agency shall specify in the certificate the
maximum amount of capital expenditures which may be obligated under
such certificate. The state agency shall prescribe the method used
to determine capital expenditure maximums and shall adopt rules
pursuant to section eight of this article for the review of
approved new institutional health services for which the capital
expenditure maximum is exceeded or is expected to be exceeded.
(j) If the state agency fails to make a decision within the
time period specified for the review, the applicant may, within one
year following the expiration of such the period, bring an action,
at the election of the applicant, in either the circuit court of
Kanawha County, or with the judge thereof in vacation, or in the
circuit court of the county in which the applicant or any one of
the applicants resides or does business, or with the judge thereof
in vacation to require the state agency to approve or disapprove
the application. An application for a proposed new institutional
health service or exemption may not be approved or denied by the
circuit court solely because the state agency failed to reach a
decision.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
ARTICLE 1. DEFINITIONS AND APPLICATION OF CHAPTER.
§29A-1-3. Application of chapter; limitations.
(a) The provisions of this chapter do not apply in any respect
whatever to executive orders of the Governor, which orders to the
extent otherwise lawful shall be effective according to their
terms:
Provided, That the executive orders shall be admitted to
record in the State Register when and to the extent the Governor
deems suitable and shall be included therein by the Secretary of
State when tendered by the Governor.
(b) Except as to requirements for filing in the State
Register, and with the Legislature or its rule-making review committee, provided in this chapter or other law, the provisions of
this chapter do not apply in any respect whatever to the West
Virginia Board of Probation and Parole, the Public Service
Commission, the Board of Public Works sitting as such,
and the
Secondary Schools Activities Commission
and the West Virginia
Health Care Authority
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s certificate of need standards promulgated
under article two-d, chapter sixteen of this code: Provided, That
rules of such these agencies shall be filed in the State Register
in the form prescribed by this chapter and be effective no sooner
than sixty consecutive days after being so filed: Provided,
however, That the rules promulgated by the state colleges and
universities shall only be filed with the Higher Education
governing boards Policy Commission and the West Virginia Health
Care Authority
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s certificate of need standards shall be promulgated
in accordance with subsection (l), section five, article two-d,
chapter sixteen of this code: Provided further, That such these
agencies may promulgate emergency rules in conformity with section
fifteen, article three of this chapter.
(c) The provisions of this chapter do not apply to rules
relating to or contested cases involving the conduct of inmates or
other persons admitted to public institutions, the open seasons and
the bag, creel, size, age, weight and sex limits with respect to
the wildlife in this state, the conduct of persons in military
service or the receipt of public assistance. Such rules shall be filed in the State Register in the form prescribed by this chapter
and be effective upon filing.
(d) Nothing herein shall be construed to affect, limit or
expand in this chapter affects, limits or expands any express and
specific exemption from this chapter contained in any other statute
relating to a specific agency, but such the exemptions shall be
construed and applied in accordance with the provisions of this
chapter to effectuate any limitations on such the exemptions
contained in any such other statute.
NOTE: The purpose of this bill is to
establish standards for
and guidance to the West Virginia Health Care Authority in amending
and modifying certificate of need standards, and to exempt the
certificate of need standards and amendments and modifications to
the standards from the general administrative rulemaking
requirements set forth in Chapter 29A of the West Virginia Code.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.