WEST virginia legislature
2023 regular session
Committee Substitute
for
House Bill 3337
By Delegates Heckert, Fehrenbacher, Cooper, Foggin, Hott, Criss, Hanshaw (Mr. Speaker), Rohrbach, Petitto, A. Hall and Anderson
[Originating in the Committee on Health and Human Resources; Reported on February 16, 2023]
A BILL to amend and reenact §16-2D-9 of the Code of West Virginia, 1931, as amended, relating to prohibiting a certificate of need; prohibiting additional drug and alcohol treatment facilities and services in certain counties.
Be it enacted by the Legislature of West Virginia:
Notwithstanding §16-2D-8 and §16-2D-11 of this code, these health services require a certificate of need but the authority may not issue a certificate of need to:
(1) A health care facility adding intermediate care or skilled nursing beds to its current licensed bed complement, except as provided in §16-2D-11(c)(23) of this code;
(2) A person developing, constructing, or replacing a skilled nursing facility except in the case of facilities designed to replace existing beds in existing facilities that may soon be deemed unsafe or facilities utilizing existing licensed beds from existing facilities which are designed to meet the changing health care delivery system; and
(3) Add beds in an intermediate care facility for individuals with an intellectual disability, except that prohibition does not apply to an intermediate care facility for individuals with intellectual disabilities beds approved under the Kanawha County circuit court order of August 3, 1989, civil action number MISC-81-585 issued in the case of E.H. v. Matin, 168 W.V. 248, 284 S.E. 2d 232 (1981) including the 24 beds provided in §16-2D-8(b)(24) of this code; and
(4) An opioid treatment program; and
(5) Add licensed substance abuse treatment beds in any county which already has greater than 250 licensed substance abuse treatment beds: Provided, That this provision does not apply to the addition of licensed substance abuse treatment beds, when the facility, or other building to be converted to a facility, has been purchased for such purpose prior February 1, 2023.