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Introduced Version Senate Bill 350 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2016 regular session

Introduced

Senate Bill 350

By Senators Cole (Mr. President) And Kessler
(By Request of the Executive)

[Introduced January 21, 2016;
Referred to the Committee on Health and Human Resources.
]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2D-4c, relating to exempting community-based behavioral health facilities, programs or services from the certificate of need process; and defining “community-based”.

Be it enacted by the Legislature of West Virginia:


That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-2D-4c, to read as follows:

 ARTICLE 2D. CERTIFICATE OF NEED.


§16-2D-4c. Certificate of need; exemption for community-based behavioral health facilities, programs or services.

(a) Notwithstanding any provision of this article, rules proposed or promulgated by the state agency, and section one hundred twenty-four, article two, chapter forty-nine of this code, a certificate of need is not required for any community-based behavioral health care facilities, programs or services, including any modification, expansion or substantial change to any existing community-based behavioral health care facilities, programs or services.

(b) For purposes of this section, the term “community-based” means a nonresidential facility, program or service located near the behavioral health patient’s home or family and involving community participation in planning, operation and evaluation and which may include, but is not limited to, medical, educational, vocational, social and psychological guidance, training, special education, counseling, substance abuse and any other treatment or rehabilitation services.

 

NOTE: The purpose of this bill is to exempt from the certificate of need process contained in W.Va. Code 16-2D-1 et seq., community-based behavioral health care facilities, programs or services, as well as the modification, expansion, or substantial change to any existing community-based behavioral health care facilities, programs or services, as well as defining the term “community-based” for the purposes of this section.

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

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