H. B. 4591
(By Delegates Trump, Campbell, Duke and Walters)
[Introduced February 23, 2004
; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-2D-4c; and to
amend said code by adding thereto a new section, designated
§16-29B-10a, all relating to certificates of need; and
providing an exemption for certain hospitals.
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; and that
said code be amended by adding thereto a new section, designated
§16-29B-l0a, all to read as follows:
ARTICLE 2D. CERTIFICATE OF NEED.
§16-2D-4c. Certificate of need; exemption of licensed hospitals,
effective date, limitations.
Notwithstanding any provisions of this article and any rule
issued by the state agency, a certificate of need is not required and may not be construed to authorize the licensure, supervision,
regulation or control in any manner of any hospital licensed under
article five-b of this chapter, effective the first day of July,
two thousand four. Nothing in this section negatively affects the
rights of inspection, licensure and certification which are
required elsewhere by federal law or regulation or by this code.
ARTICLE 29B. HEALTH CARE AUTHORITY.
§16-29B-10a. Jurisdiction of the board.
Notwithstanding any other provision of state law, on and after
the first day of July, two thousand four, jurisdiction of the board
as to certificate of need does not extend to any hospital licensed
under article five-b of this chapter.
NOTE: This bill exempts hospitals licensed by §16-5B-1 of the
code from certificate of need regulation.
These sections are new; therefore, strike-throughs and
underscoring have been omitted.
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