H. B. 3114
(By Delegates Mahan, Moye, Sumner, Crosier,
O'Neal and Snuffer)
[Passed March 8, 2011; in effect from passage.]
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-2D-5b, relating
to development and operation of a nursing home on the grounds
of a critical access hospital meeting certain restrictions and
exemptions from nursing home moratorium and certificate of
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-5b, to read as
ARTICLE 2D. CERTIFICATE OF NEED.
§16-2D-5B. Exception permitting development and operation of
certain nursing beds.
(a) Notwithstanding any provision of law to the contrary and
any rule issued by the state agency, a nonprofit community group designated by a county commission shall not be required to apply
for or obtain a certificate of need, an exemption from certificate
of need review, a determination of nonreviewability, or any other
approval from the state agency in order to develop and operate a
nursing home on the grounds of a critical access hospital provided
(1) The critical access hospital is located in the county of
such county commission;
(2) The critical access hospital is operated on real property
owned by such county;
(3) The critical access hospital previously operated a long-
term care unit on the grounds of the critical access hospital;
(4) The critical access hospital closed such long-term care
unit between December 1, 2010 and February 28, 2011;
(5) The nonprofit community group develops and operates no
more than thirty-six nursing home beds pursuant to this section;
(6) The nonprofit community group applies for a license to
operate the nursing home within six months after the effective date
of this section.
(b) The establishment of a nursing home and nursing beds under
this section shall be exempt from the nursing home bed moratorium
pursuant to subsection (g), section five of this article.
(c) Any nursing home developed and operated pursuant to this section shall be subject to all certificate of need laws and rules
as they pertain to any transactions subsequent to the development
and commencement of operation of such nursing home.