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Introduced Version Senate Bill 389 History

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

FISCAL NOTEWEST virginia legislature

2017 regular session

Introduced

Senate Bill 389

By Senators Takubo, Stollings, Blair and Mullins

[Introduced February 22, 2017; Referred
to the Committee on Health and Human Resources; and then to the Committee on Finance]

A BILL to amend and reenact §16-2D-10 of the Code of West Virginia, 1931, as amended, relating to creating an exemption from certificate of need for services and equipment purchased solely for use in private physician offices. 

Be it enacted by the Legislature of West Virginia:


That §16-2D-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2D. CERTIFICATE OF NEED.


§16-2D-10. Exemptions from certificate of need.


Notwithstanding section eight, a person may provide the following health services without obtaining a certificate of need or applying to the authority for approval:

(1) The creation of a private office of one or more licensed health professionals to practice in this state pursuant to chapter thirty of this code.

(2) Any health service or piece of major medical equipment, regardless of the capital expenditure of the same, may be purchased by a physician, as defined in this article, for use solely in his or her private office.  Those services which would result in overnight care shall be subject to review as set forth in section eight of this article: Provided, That this provision does not apply to a sleep laboratory which for purposes of this section is defined as a research facility which may or may not be associated with a hospital to monitor sleep patterns and other activities while a person sleeps.  The authority shall propose rules for legislative approval pursuant to the provisions of article three, chapter twenty-nine-a of this code to set forth those services which require overnight care which would be subject to the review of the authority as set forth in section eight of this article.

(2) (3) Dispensaries and first-aid stations located within business or industrial establishments maintained solely for the use of employees that does not contain inpatient or resident beds for patients or employees who generally remain in the facility for more than twenty-four hours;

(3) (4) A place that provides remedial care or treatment of residents or patients conducted only for those who rely solely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any recognized church or religious denomination.

 

NOTE: The purpose of this bill is to allow private physician offices to offer any service or purchase any piece of major medical equipment for use solely in his or her private medical practice.

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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