HOUSE CONCURRENT RESOLUTION NO. 41
(By Delegates Compton, Leach and Manuel)
(April 8, 1997)
Requesting the Legislative Oversight Commission on Health and Human
Resources Accountability to make a study of the West Virginia
Health Care Review Authority and certificate of need
requirements and exemptions.
Whereas, The West Virginia Health Care Cost Review Authority is
charged with review of certificate of need applications submitted
by health care providers in this State; and
Whereas, The review and decision-making process at the West
Virginia Health Care Cost Review Authority is often presumably
delayed as a result of compliance requirements, interventions and
other factors inherent to the Authority; and
Whereas, Various health care providers continuously approach
the Legislature each year with requests that exemptions from
certificate of need review be granted; and
Whereas, The Legislature of West Virginia is greatly concerned
that certificate of need requirements may have resulted in a
cumbersome process and a deterrent to health care providers that
wish to operate or expand in this State; and
Whereas, The Legislature recognizes that there is a need for
the development of certain health care services in West Virginia to benefit all of the citizens of this stateState; and
Whereas, It is essential that the Legislature carefully review
and study all aspects of the certificate of need process, together
with the needs of the health care providers, in order to determine
an equitable and feasible balance between the regulatory and
oversight process and the economics and fiscal impact of a free
market system; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislative Oversight Commission on Health and Human
Resources Accountability is hereby requested to review, examine and
study the status of the certificate of need process at the West
Virginia Health Care Cost Review Authority; to determine the need
for exemptions to the certificate of need process; to determine
what action, if any, should be taken to ensure the successful
development, operation and growth of quality health care services
which preserve and protect the health, safety and well-being of all
citizens of this stateState, and at the same time operate within the
fiscal restraints of the applicable state agencies; to determine
whether there is a need for exemptions to the certificate of need
process; to determine which exemptions are feasible, advisable and
necessary; to determine how the entire certificate of need process
may be updated, steamlinedstreamlined and made more cost-effective; and to
make recommendations to the Legislature regarding the same; and, be
it
Further Resolved, That the Legislative Oversight Commission on
Health and Human Resources Accountability report to the regular
session of the Legislature, 1998, on its findings, conclusions and
recommendations, together with drafts of any legislation necessary
to effectuate its recommendation; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Legislative Oversight
Commission on Health and Human Resources Accountability.