65 CSR 7

H. B. 2616

(By Delegates Brown, D. Poling, Fleischauer and Talbott)

[Introduced January 19, 2011; referred to the

Committee on Health and Human Resources then the Judiciary.]

A BILL to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, 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 article 5, chapter 64 of the Code of West Virginia, 1931, 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.

    The legislative rule filed in the state register on the twenty-eighth day of July, two thousand ten, authorized under the authority of section eight-c, 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 eighth day of December, two thousand ten, relating to the Health Care Authority to promulgate a legislative rule relating to (certificates 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.

    This section is new; therefore, strike-throughs and underscoring have been omitted.