Bill-HCA CON
Senate Bill No. 278


(By Senators Ross, Anderson, Minard, Snyder, Unger and Minear )

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[Introduced January 28, 2000; referred to the

Committee on Health and Human Resources;

and then to the Committee on the Judiciary.]

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A BILL to amend and reenact section one, article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the health care authority to promulgate a legislative rule relating to certificates of need.

Be it enacted by the Legislature of West Virginia:

That section one, article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.

 §64-5-1. Health care authority.
(a) The legislative rule filed in the state register on the eighteenth day of December, one thousand nine hundred ninety-eight, under the authority of sections eight and twenty, article twenty-nine-b, chapter sixteen of this code, modified by the health care authority to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-second day of January, one thousand nine hundred ninety-nine, relating to the health care authority (bench-marking and discount contracts, 65 CSR 26), is authorized, with the amendment set forth below:
On page 11, subsection 23.4.c after the word "Authority" by striking out the comma and the words "minus depreciation and interest".
 (b) The legislative rule filed in the state register on the sixth day of August, one thousand nine hundred ninety-nine, authorized under the authority of section four, article two-d, chapter sixteen, of this code, modified by the health care authority to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-third day of September, one thousand nine hundred ninety-nine, relating to the health care authority (certificate of need , 65 CSR 7), is authorized.

NOTE: The purpose of this bill is to authorize the Health Care Authority to promulgate a legislative rule relating to Certificates of Need .

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.