reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 16. Public Health › Article 1B. Skilled Nursing Facilities for Veterans of the United States Armed Forces › §16-1B-4. Eligibility for Service; Legislative Rule

In order to qualify for service and residency in a skilled nursing facility established under this article, an applicant must have continuously been a citizen of the State of West Virginia for twelve consecutive months and must have performed active duty in an active component of the Armed Forces or performed active service in a reserve component of the Armed Forces for at least twelve consecutive months. The director shall propose a legislative rule further defining and limiting eligibility for services and residency under this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 1C. Health Care Provider Transparency Act › §16-1C-1. Definitions

(a)"Direct patient care" means health care that provides for the physical, diagnostic, emotional or rehabilitation needs of a patient or health care that involves examination, treatment or preparation for diagnostic tests or procedures.
(b) "Employee" means an employee or contractor of a health care provider or a person who is granted privileges by a health care provider who delivers direct patient care.
(c) "Health care provider" means an individual, partnership, corporation, facility, hospital or institution licensed or certified or authorized by law to provide professional health care service in this state to a patient during that patient's medical, remedial or behavioral health care, treatment or confinement.
(d) "Secretary" means the Secretary of the West Virginia Department of Health and Human Resources. The secretary may define in rules any term or phrase used in this article which is not expressly defined.
2023 West Virginia Code › Chapter 16. Public Health › Article 1C. Health Care Provider Transparency Act › §16-1C-3. Exceptions

(a) Notwithstanding section two of this article, the following shall apply:
(1) An employee shall not be required to wear an identification badge while delivering direct patient care if it is not clinically feasible.
(2) The last name of the employee may be omitted or concealed from an identification badge when delivering direct patient care if the employee is concerned for his or her safety.
(b) An employee may petition the secretary for an exemption from the requirements of this article for reasons that are not set forth in this section.
(c) An employee providing direct patient care in a behavioral health care setting may not be required to wear an identification badge.
2023 West Virginia Code › Chapter 16. Public Health › Article 1C. Health Care Provider Transparency Act › §16-1C-4. Rules

The Secretary of the Department of Health and Human Resources, in consultation with appropriate health care provider professional licensing boards, shall propose rules for legislative approval in accordance with the provisions of chapter twenty-nine-a of this code to implement the provisions of this article. These rules shall include, at a minimum:
(1) The contents of the identification badge, which shall at least include the name of the employee and title of the employee;
(2) The title to be used to identify employee licensure information;
(3) The appearance of the identification badge, which shall have the title of the employee as large as possible in block type: Provided, That health care facilities providing identification badges prior to enactment of this article shall not be required to issue new badges;
(4) The process and procedure for seeking an exemption from the requirements of this article; and
(5) Such other rules as may be deemed necessary to effectuate the purposes of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-1. Purpose

Local boards of health, created, established and operated pursuant to the provisions of this article, are responsible for directing, supervising and carrying out matters relating to the public health of their respective counties or municipalities. This article provides that local boards of health may be organized as boards of health serving a single municipality, a single county or a combination of any two or more counties or any county or counties and one or more municipalities within or partially within the county or counties. This article establishes uniform provisions applicable to all local boards of health, whatever organizational form is elected, to ensure the consistent performance of duties relating to basic public health services and other health services and the enforcement of the laws of this state pertaining to public health.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-3. Authority to Create, Establish and Maintain County Boards of Health; Service Area

A county commission shall create, establish and maintain a county board of health if no other local board of health organized under this article is established and responsible for public health in the service area. The county board of health shall be organized pursuant to and with the powers and duties prescribed by this article. The service area of any county board of health is the county territorial limits and includes every municipality within the county that does not have a municipal board of health maintaining a separate full-time municipal health department under the supervision of a municipal local health officer or that is not a member of a combined local board of health.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-4. Authority to Create, Establish and Maintain Municipal Boards of Health; Service Area

The governing body of a municipality may create, establish and maintain a municipal board of health organized pursuant to and with the powers and duties prescribed by this article. The territorial jurisdiction of any municipal board of health is an area including the municipality and all points within a distance of one mile from the limits of the municipality.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-5. Authority to Create, Establish and Maintain Combined Local Boards of Health; Service Area

Any two or more counties or any county or counties and one or more municipalities within or partially within the county or counties may combine to create, establish and maintain a combined local board of health organized pursuant to and with the powers and duties prescribed by this article. The plan of combination must be approved by the commissioner. The service area of any combined local board of health is the combined territorial limits of the participating municipality or municipalities and county or counties: Provided, That if all or a portion of a participating municipality is located in a nonparticipating county, the service area of the combined local board of health is limited to the territorial limits of the municipality and does not extend to or include any area of the nonparticipating county outside of the municipal limits: Provided, however, That the service area of a combined local board does not extend to or include any area within the service area of a municipal board of health maintaining a separate full-time municipal health department under the supervision of a municipal local health officer.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-6. Appointment to and Composition of Municipal Boards of Health; Qualifications; Number of Appointees

A municipal board of health is composed of five members selected and appointed by vote of the governing body of the municipality. Each member appointed to a municipal board of health shall be a resident of the municipality. No more than two members who reside in the same municipal ward may be appointed and no more than two members may be appointed who are personally licensed or certified in, engaged in, or actively participating in the same business, profession or occupation. No more than three members of a municipal board of health may belong to the same political party.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-7. Appointment to and Composition of County Boards of Health; Qualifications; Number of Appointees

A county board of health is composed of five members selected and appointed by vote of the county commission. Each member appointed to the county board of health shall be a resident of the county. No more than two members who reside in the same magisterial district may be appointed and no more than two members may be appointed who are personally licensed or certified in, engaged in, or actively participating in the same business, profession or occupation. No more than three members of a county board of health may belong to the same political party.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-8. Appointment to and Composition of Combined Local Boards of Health; Qualifications; Number of Appointees

A combined local board of health is composed of at least five members. The number of combined local board of health members to be selected by each participating county or municipality shall be established by agreement of the participating counties or municipalities. No more than one half of the members of a combined local board of health may be personally licensed or certified in, engaged in, or actively participating in the same business, profession or occupation. The number of members of a combined local board of health belonging to the same political party may not exceed by more than one the number of members belonging to another political party. No member may be selected and appointed by and represent more than one participating county or municipality.
The county commission of each participating county may select and appoint by vote no fewer than one and no more than three persons to serve as the representatives of the county on the combined local board of health. Each member appointed as a county representative to the combined local board of health shall be a resident of the participating county. No more than two persons residing in the same magisterial district may be appointed by a participating county as members and no more than two members may be appointed by a participating county who are personally licensed or certified in, engaged in, or actively participating in the same business, profession or occupation.
The governing body of each participating municipality may select and appoint by vote no fewer than one and no more than three persons to serve as the representatives of the municipality on the combined local board of health. Each member appointed as a municipality's representative to the combined local board of health shall be a resident of the municipality. No more than two members who reside in the same municipal ward may be appointed and no more than two members may be appointed who are personally licensed or certified in, engaged in, or actively participating in the same business, profession or occupation.
Upon the formation of a combined local board of health and during the duration of its existence, there may be no separate county board of health or municipal board of health in any county or any municipality participating in the combined local board of health.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-9. Local Board of Health; Terms of Appointment; Reappointment; Oath of Office; Vacancies; Removal; Compensation; Expenses

(a) The term of office for members selected and appointed to a local board of health pursuant to the provisions of this article is five years. Members may serve until their duly qualified successors are selected and appointed by vote of the original appointing authority. Members may be reappointed for additional terms of five years. Board members oaths of office shall be duly recorded before entering into or discharging any duties of the office.
(b) Any vacancy on any local board of health shall be filled by appointment of the original appointing authority. This appointment is for the unexpired term.
(c) A local board, or the appointing authority, of health may remove any of its members pursuant to the provisions of its lawfully adopted bylaws and shall remove any of its members for official misconduct, incompetence, neglect of duty, or the revocation of any state professional license or certification. With respect to a combined board, a county commission or appointing authority may remove any of its appointed members pursuant to the provisions of its lawfully adopted bylaws and shall remove any of its appointed members for official misconduct, incompetence, neglect of duty, or the revocation of any state professional license or certification. A local board of health, or any of its members may be removed by the state health officer for failure or refusal to comply with duties as set forth by statute or rule. Upon removal, a successor or successors to the member or members removed shall immediately be appointed by the original appointing body pursuant to the provisions of this article.
(d) Each member of a local board of health may receive compensation as determined by the local board for attending meetings of and other activities for the board as required by law:
Provided
, That this compensation may not exceed $100 per day. Each member of a local board may be reimbursed for all reasonable and necessary travel and other expenses actually incurred by the member in the performance of duties as a member of the local board.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-10. Local Board of Health; Meetings; Attendance; Bylaws; Quorum; Chairperson Selection, Powers and Duties

(a) A local board of health shall meet as often as necessary to orderly and efficiently execute its duties and exercise its powers but, no fewer than six times per year. Members of a local board of health shall attend board meetings in compliance with attendance policies established by its bylaws or rules.
(b) A local board of health shall adopt and may amend bylaws or rules governing the time and place of its regular meetings, procedures, and method of conducting its meetings. A quorum of the board for transacting business is a simple majority of the constituent membership of the board.
(c) A local board of health, pursuant to its bylaws, shall elect from its members a chairperson. The chairperson shall serve for a term of one year and may be reelected for additional terms. The chairperson may, on behalf of the board, sign documents, execute contracts, and otherwise act for and in the name of the board in all matters within its lawful powers and as duly authorized by a majority of the board members.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-12. Local Health Officer; Term of Appointment; Qualifications; Reappointment; Compensation; and Removal

A local board of health shall appoint a full-time or part-time local health officer. The local health officer shall be a physician or a licensed advanced practice registered nurse with the ability to practice independently currently licensed in this state and knowledgeable in the science of public health. A local health officer serves at the will and pleasure of the local board for a term of one year and is eligible for reappointment at compensation determined by the local board of health.
A local health officer may be removed from office by the commissioner if the local health officer fails or refuses to carry out the lawful orders or rules of the secretary in the event the commissioner determines a public health emergency exists or if the local health officer fails or refuses to enforce public health laws and rules necessary to prevent and control the spread of communicable or reportable diseases dangerous to the public health. Upon removal, a successor local health officer shall immediately be appointed by the board pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-13. Local Health Officer; Powers and Duties

(a) A local health officer serves as the executive officer of the local board and under its supervision, a local health officer shall administer and enforce state rules, local rules, and local health department rules within the local board of healths service area.
(b) A local health officer has the following additional powers which may be delegated with the approval of the board:
(1) To attend local board meetings as a nonvoting member. A local health officer serves as secretary at all board meetings and is responsible for maintaining the boards offices, meeting minutes, and records;
(2) To supervise and direct the activities of the local boards health services, employees and facilities;
(3) To ensure that procedures are established for the receipt of communicable or reportable disease reports and for the transmittal of the reports to the commissioner;
(4) To perform mandatory HIV tests on persons convicted of sex-related offenses and resident within the service area; and
(5) To determine when sufficient corrections have been made to warrant removal of any restrictions or limitations placed on an individual or entity for public health purposes by an employee of the local board of health.
(c) A local health officer shall perform enforcement activity.
(d) A local health officer may issue guidance.
(e) A local health officer may issue a health order.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-14. Financial Responsibilities of Appointing Authorities for Local Boards of Health; Levies; Appropriation of County or Municipal General Funds for Public Health Purposes; State Funding

The appointing authorities for local boards of health shall provide financial support for the operation of the local health department. The county commission of any county or the governing body of any municipality in which a local board of health is established, or the county commission of any county or the governing body of any municipality who is a participating member of a combined local board of health may levy a county or municipal tax to provide funds for the local board of health:
Provided
, That the tax may not exceed 3 cents on each $100 of assessed valuation of the taxable property in the levying county or municipality, according to the latest assessment.
The county commission of any county or the governing body of any municipality in which a local board of health is established, or the county commission of any county or the governing body of any municipality who is a participating member of a combined local board of health may appropriate and spend money from the county or municipal general funds for public health purposes and to pay the expenses of the operation of the local board of health services and facilities.
The commissioner and the secretary may pay over and contribute to any board of health, the sum or sums of money that may be available from funds included in appropriations made for the department. The commissioner may withhold all or part of any funds until a local board of health submits an acceptable plan to correct deficiencies in the local boards program plan.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-15. Obstructing Local Health Officers and Others in the Enforcement of Public Health Laws; Other Violations; Penalties

Any person who willfully obstructs any local health officer, public health nurse, sanitarian or any other person charged with the enforcement of any public health law, in the performance of that person's legal duties in enforcing the law, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50 and not more than $500.
Any person who willfully violates any of the provisions of this article, or any of the rules or orders adopted or issued pursuant to the provisions, for which a penalty is not otherwise provided, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $200 and not more than $1,000.
Magistrates have concurrent jurisdiction with the circuit courts of this state for violations of provisions of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-16. Food Handler Examinations and Cards

A food handler permit or card issued pursuant to the procedures put in place by a local county health department shall be valid for at least one year but not longer than three years. The permit or card shall be valid in all counties of this state, if the applicant pays an additional fee not to exceed $10. If required, a permit or card shall be obtained within thirty days of a person being hired in a restaurant or other applicable food establishment. The Bureau for Public Health shall develop minimum guidelines for training programs for individuals seeking a food handler permit or card that may be adopted by local county health departments. In lieu of state guidelines a local health department may use training courses developed by the American National Standards Institute or other nationally recognized entities for food safety training.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-17. Event Permit Fees Good for a Year, Reciprocity From Other State Health Departments

(a) A temporary food service permit issued by a local or county health department to an in-state vendor in their county of residence for preparing and selling non-potentially hazardous foods at a festival, scheduled event, or similar activity which is valid for any time period less than annual and any permit fee paid shall be valid for an entire calendar year for the vendor regardless of the length of time for which the first permit is issued and regardless of the number of subsequent festivals, events or activities for which the vendor requires the same permit. Non-potentially hazardous foods mean food that does not require time or temperature control for safety to limit pathogenic microorganism growth or toxin formation.
(b) The permit shall also be valid in the counties that border the vendors county of residence or 25 air miles, whichever is greater. No health department within these defined areas may charge a permit fee to any in-state vendor that has received a temporary food service permit to prepare and sell non-potentially hazardous foods by the other in-state health department during the same calendar year for the same type of activity, but may place conditions and limitations upon an issued permit to assure compliance with that health departments rules and standards for the type of permit being issued. Each vendor must provide notice to the local health department with jurisdiction at least 14 days prior to the start of the festival, event or activity. The permit must be visibly posted at the festival, event, or activity or the permit is not valid.
(c) The Secretary shall review and modernize legislative rules regarding local boards of health fees located in 64 CSR 30 in the next filing period.
2023 West Virginia Code › Chapter 16. Public Health › Article 2. Local Boards of Health › §16-2-18. In-State Food Service Permit Reciprocity

(a) A local or county health department shall issue a mobile food establishment reciprocity permit to a mobile food service establishment that is operating within the State of West Virginia and holds a valid mobile food establishment permit from the vendors county of residence. The mobile food establishment reciprocity permit shall be valid for the length of time for which the first permit is issued and regardless of the number of days for which the vendor requires the mobile food establishment reciprocity permit.
(b) No health department within the state may charge an additional fee to any in-state vendor that has received a mobile food establishment permit but may place conditions upon an issued permit to assure compliance with that health departments rules and standards for the type of permit being issued. Each vendor must provide notice to the local health department with jurisdiction at least 14 days prior to operating within the jurisdiction. The permit must be visibly posted while the mobile food establishment is operational.
(c) The secretary shall review and modernize legislative rules regarding local boards of health fees located in 64 CSR 30 in the next filing period.
2023 West Virginia Code › Chapter 16. Public Health › Article 2B. Family Planning and Child Spacing › §16-2B-1. Family Planning and Child Spacing; Authorized Functions; Funds

(a) The Bureau for Public Health may provide printed material, guidance, advice, financial assistance, appliances, devices, drugs, approved methods, and medicines to local boards of health and other entities requesting the same for use in the operation of family planning and child spacing clinics to the extent of funds appropriated by the Legislature and any federal funds made available for such purpose.
(b) The Bureau for Medical Services shall not require multiple office visits or prior authorization for a woman who selects long-acting reversible contraceptive (LARC) methods unless medically necessary. The bureau shall provide payment for LARC devices and their insertion, maintenance, removal, and replacement. The Bureau for Medical Services shall update the managed care contract to include language that the contracted managed care company may not present barriers that delay or prevent access, such as prior authorizations or step-therapy failure requirements; and should receive patient-centered education and counseling on all FDA-approved birth control methods.
(c) The Bureau for Public Health may make LARC products available in practitioner offices without upfront practitioner costs.
(d) The Bureau for Public Health shall develop a statewide plan with the goal of reducing exposure of a fetus to illicit substances by increasing the number of clients served and enabling access to LARC and other family planning methods. The plan shall include strategies for increasing LARC accessibility and training of health care providers, and shall provide a fiscal analysis of plan implementation and potential impact.
(e) The Department of Health and Human Resources shall report annually to the Legislative Oversight Commission on Health and Human Resources Accountability. The report shall include, at a minimum, the number of LARC treatments provided and the number of children born with intrauterine substance exposure and neonatal abstinence syndrome in West Virginia during the past three years.
2023 West Virginia Code › Chapter 16. Public Health › Article 2B. Family Planning and Child Spacing › §16-2B-2. Local Boards of Health Authorized to Establish Clinics; Supervision; Purposes; Abortion Not Approved; Approval by State Board of Programs

A local board of health, created and maintained pursuant to the provisions of article two or article two-a of this chapter, is authorized to establish and operate within its jurisdiction, one or more family planning and child spacing clinics under the supervision of a licensed physician for the purpose of disseminating information, conducting medical examinations and distributing family planning and child spacing appliances, devices, drugs, approved methods and medication without charge to indigent and medically indigent persons on request and with the approval of said licensed physician. Such information, appliances, devices, drugs, approved methods and medication shall be dispensed only in accordance with the recipients' expressed wishes and beliefs and in accordance with all state and federal laws for the dispensing of legend drugs: Provided, That the procedure of abortion shall not be considered an approved method of family planning and child spacing within the intent of this section and is expressly excluded from the programs herein authorized. All local boards of health receiving state or federal funds for family planning or child spacing programs shall first receive approval by the state board of health Should this be Secretary of the Department of Health and Should this be Secretary of the Department of Health and Should this be Secretary of the Department of Health and of their general plan of operation of such programs.
2023 West Virginia Code › Chapter 16. Public Health › Article 2B. Family Planning and Child Spacing › §16-2B-3. State and Local Health and Welfare Agency Employees to Advise Indigent and Medically Indigent of Availability of Services; Compulsory Acceptance of Services Prohibited; Acceptance Not Condition to Receiving Other Services and Benefits

The state director of health, and commissioner of the department of welfare are directed to instruct their employees who work with the indigent and medically indigent to advise such indigent persons of the availability of the family planning and child spacing services offered by the state and local health departments: Provided, however, That no employee of the State of West Virginia or any employee of its agencies or of its political subdivisions, including but not limited to local health, or welfare agencies may compel any individual or family, either directly or indirectly, to accept or practice family planning, or any particular family planning method as a condition for receiving other public services or governmental benefits in any form nor shall any such employee or person represent to any individual or family, either directly or indirectly, that the acceptance or practice of family planning is a condition for receiving any public services or governmental benefits. Any violation of this section shall be grounds for dismissal or other appropriate disciplinary action.
2023 West Virginia Code › Chapter 16. Public Health › Article 2B. Family Planning and Child Spacing › §16-2B-4. Exemption of Employees From Offering Services When Such Duty Is Contrary to Religious Beliefs

Any employee of the State of West Virginia or any of its agencies or political subdivisions, including, but not limited to, local health or welfare agencies, may refuse to accept the duty of offering family planning services to the extent that such duty is contrary to his personal religious beliefs and such refusal shall not be grounds for any disciplinary action, for dismissal, for any interdepartmental transfer, or any other discrimination in his employment, or for suspension from employment, or for any loss in pay or any other benefits.
2023 West Virginia Code › Chapter 16. Public Health › Article 2C. Home Health Services › §16-2C-1. Definitions

For the purposes of this article:
"Home health services" shall mean and include, but not be limited to, the following services furnished to an individual who is under the care of a physician, such services to be provided on a visiting basis in a place of residence used as the individual's home: (1) Part-time or intermittent nursing care provided by or under the supervision of a registered professional nurse; (2) physical, occupational or speech therapy; (3) medical social services under the direction of a physician; (4) part-time or intermittent services of a home health aide.
"Department" shall mean the state department of health.
"Local boards" shall mean local health boards established pursuant to the provisions of article two or two- a of this chapter.
2023 West Virginia Code › Chapter 16. Public Health › Article 2C. Home Health Services › §16-2C-2. Department to Provide Services; Charges for Services; Authority to Employ Personnel; Purchase of Supplies and Equipment; Assistance to Nonprofit Agencies

The department shall provide home health services to those persons living in areas of the state in which adequate home health services are not available otherwise. For such services the department shall, and is hereby authorized to, charge fees to individuals to whom it renders such services or to any governmental agency purchasing such services for individuals, except for demonstration and public health program activities.
In order that it may effectively render home health services, the department shall employ the necessary personnel including nursing and supervisory personnel and shall have the further authority to purchase equipment and materials necessary to maintain an effective program of home health services.
The department shall, wherever possible, assist and advise nonprofit agencies or associations in the development of a home health services program to be carried out by such agencies or associations and, for that purpose, may enter into agreements with these agencies or associations specifying the type of assistance and advice it will render them.
2023 West Virginia Code › Chapter 16. Public Health › Article 2C. Home Health Services › §16-2C-3. Local Boards' Authority Respecting Home Health Services

Local boards are hereby authorized to enter into written agreements with the department for the purpose of rendering home health services to persons within their respective counties and municipalities. Such agreements shall provide for the maintenance of standards established by the department for home health services by the local boards and for such supervision by the department as is deemed necessary to implement an effective program of home health services on the part of the local boards.
Whenever any local board has entered into an agreement with the department as is herein provided, it may render such home health services as are authorized by this article and for that purpose may charge fees and expend moneys to the same extent as this article authorizes for the department. Any local board may render such service anywhere within the area which it serves.
2023 West Virginia Code › Chapter 16. Public Health › Article 2D. Certificate of Need › §16-2D-1. Legislative Findings

It is declared to be the public policy of this state:
(1) That the offering or development of all health services shall be accomplished in a manner which is orderly, economical and consistent with the effective development of necessary and adequate means of providing for the health services of the people of this state and to avoid unnecessary duplication of health services, and to contain or reduce increases in the cost of delivering health services.
(2) That the general welfare and protection of the lives, health and property of the people of this state require that the type, level and quality of care, the feasibility of providing such care and other criteria as provided for in this article, including certificate of need standards and criteria developed by the authority pursuant to provisions of this article, pertaining to health services within this state, be subject to review and evaluation before any health services are offered or developed in order that appropriate and needed health services are made available for persons in the area to be served.
2023 West Virginia Code › Chapter 16. Public Health › Article 2D. Certificate of Need › §16-2D-3. Powers and Duties of the Authority

(a) The authority shall:
(1) Administer the certificate of need program;
(2) Review the state health plan, the certificate of need standards, and the cost effectiveness of the certificate of need program and make any amendments and modifications to each that it may deem necessary, no later than September 1, 2017, and biennially thereafter.
(3) Shall adjust the expenditure minimum annually and publish to its website the updated amount on or before December 31, of each year. The expenditure minimum adjustment shall be based on the DRI inflation index.
(4) Create a standing advisory committee to advise and assist in amending the state health plan, the certificate of need standards, and performing the state agencies’ responsibilities.
(b) The authority may:
(1) (A) Order a moratorium upon the offering or development of a health service when criteria and guidelines for evaluating the need for the health service have not yet been adopted or are obsolete or when it determines that the proliferation of the health service may cause an adverse impact on the cost of health services or the health status of the public.
(B) A moratorium shall be declared by a written order which shall detail the circumstances requiring the moratorium. Upon the adoption of criteria for evaluating the need for the health service affected by the moratorium, or one hundred eighty days from the declaration of a moratorium, whichever is less, the moratorium shall be declared to be over and applications for certificates of need are processed pursuant to section eight.
(2) Approve an emerging health service or technology for one year.
(3) Exempt from certificate of need or annual assessment requirements to financially vulnerable health care facilities located in underserved areas that the state agency and the Office of Community and Rural Health Services determine are collaborating with other providers in the service area to provide cost effective health services.
2023 West Virginia Code › Chapter 16. Public Health › Article 2D. Certificate of Need › §16-2D-4. Rulemaking

(a) The authority shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the following:
(1) Information a person shall provide when applying for a certificate of need;
(2) Information a person shall provide when applying for an exemption;
(3) Process for the issuance of grants and loans to financially vulnerable health care facilities located in underserved areas;
(4) Information a person shall provide in a letter of intent;
(5) Process for an expedited certificate of need;
(6) Determine medically underserved population. The authority may consider unusual local conditions that are a barrier to accessibility or availability of health services. The authority may consider when making its determination of a medically underserved population designated by the federal Secretary of Health and Human Services under Section 330(b)(3) of the Public Health Service Act, as amended, Title 42 U.S.C. §254;
(7) Process to review an approved certificate of need; and
(8) Process to review approved proposed health services for which the expenditure maximum is exceeded or is expected to be exceeded.
(b) All of the authority’s rules in effect and not in conflict with the provisions of this article, shall remain in effect until they are amended or rescinded.
2023 West Virginia Code › Chapter 16. Public Health › Article 2D. Certificate of Need › §16-2D-5. Fee; Special Revenue Account; Administrative Fines

(a) All fees and other moneys, except administrative fines, received by the authority shall be deposited in a separate special revenue fund in the State Treasury which is continued and shall be known as the “Certificate of Need Program Fund”. Expenditures from this fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2017, expenditures are authorized from collections rather than pursuant to appropriation by the Legislature.
(b) Any amounts received as administrative fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the State Treasury.
2023 West Virginia Code › Chapter 16. Public Health › Article 2D. Certificate of Need › §16-2D-7. Determination of Reviewability

A person may make a written request to the authority for it to determine whether a proposed health service is subject to the certificate of need or exemption process. The authority may require that a person submit certain information in order to make this determination. A person shall pay a $100 fee to the authority to obtain this determination. A person is not required to obtain this determination before filing an application for a certificate of need or an exemption.
2023 West Virginia Code › Chapter 16. Public Health › Article 2D. Certificate of Need › §16-2D-9. Health Services That Cannot Be Developed

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 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;
(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 of this code;
(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.
2023 West Virginia Code › Chapter 16. Public Health › Article 2D. Certificate of Need › §16-2D-14. Procedure for an Uncontested Application for a Certificate of Need

The authority shall review an uncontested certificate of need application within sixty days from the date the application is batched. An uncontested application is deemed approved if the review is not completed within sixty days from the date the application is batched, unless an extension, up to fifteen days is requested by the applicant.
2023 West Virginia Code › Chapter 16. Public Health › Article 2D. Certificate of Need › §16-2D-15. Authority to Render Final Decision; Issue Certificate of Need; Write Findings; Specify Capital Expenditure Maximum

(a) The authority shall render a final decision on an application for a certificate of need in the form of an approval, a denial or an approval with conditions. The final decision with respect to a certificate of need shall be based solely on:
(1) The authority’s review conducted in accordance with procedures and criteria in this article and the certificate of need standards; and
(2) The record established in the administrative hearing held with respect to the certificate of need.
(b) Approval with conditions does not give the authority the ability to mandate a health service not proposed by the health care facility. Issuance of a certificate of need or exemption may not be made subject to any condition unless the condition directly relates to criteria in this article, or in the certificate of need standards. Conditions may be imposed upon the operations of the health care facility for not longer than a three-year period.
(c) The authority shall send its decision along with written findings to the person proposing the proposed health service or exemption and shall make it available to others upon request.
(d) In the case of a final decision to approve or approve with conditions a proposal for a proposed health service, the authority shall issue a certificate of need to the person proposing the proposed health service.
(e) The authority shall specify in the certificate of need the maximum amount of capital expenditures which may be obligated. The authority shall adopt legislative rules pursuant to section four to prescribe the method used to determine capital expenditure maximums and a process to review the implementation of an approved certificate of need for a proposed health service for which the capital expenditure maximum is exceeded or is expected to be exceeded.
2023 West Virginia Code › Chapter 16. Public Health › Article 2D. Certificate of Need › §16-2D-16. Appeal of Certificate of Need a Decision

(a) An applicant or an affected person may appeal the authority’s final decision in a certificate of need review to the Office of Judges. The request shall be received within thirty days after the date of the authority’s decision. The appeal hearing shall commence within thirty days of receipt of the request.
(b) The Office of Judges shall conduct its proceedings in conformance with the West Virginia Rules of Civil Procedure for trial courts of record and the local rules for use in the civil courts of Kanawha County and shall review appeals in accordance with the provisions governing the judicial review of contested administrative cases in article five, chapter twenty-nine-a of this code.
(c) The decision of the Office of Judges shall be made in writing within forty-five days after the conclusion of the hearing.
(d) The written findings of the Office of Judges shall be sent to the person who requested the appeal, to the person proposing the proposed health service and to the authority, and shall be made available by the authority to others upon request.
(e) The decision of the Office of Judges shall be considered the final decision of the authority; however, the Office of Judges may remand the matter to the authority for further action or consideration.
(f) Upon the entry of a final decision by the Office of Judges, an affected person may within thirty days after the date of the decision of the Office of Judges make an appeal in the circuit court of Kanawha County. The decision of the Office of Judges shall be reviewed by the circuit court in accordance with the provisions for the judicial review of administrative decisions contained in article five, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 2D. Certificate of Need › §16-2D-16a. Transfer of Appellate Jurisdiction to Intermediate Court of Appeals

(a) Notwithstanding any other provision of this article, effective July 1, 2022:
(1) The Office of Judges may not review a decision of the authority, issued after June 30, 2022, in a certificate of need review. On or before September 30, 2022, the Office of Judges shall issue a final decision in, or otherwise dispose of, each and every appeal, pending before the Office of Judges, of a decision by the authority in a certificate of need review.
(2) An appeal of a final decision in a certificate of need review, issued by the authority after June 30, 2022, shall be made to the West Virginia Intermediate Court of Appeals, pursuant to the provisions governing the judicial review of contested administrative cases in 29A-5-1
et seq
. of this code.
(b) If the Office of Judges does not issue a final decision or otherwise dispose of any appeal of a decision of the authority in a certificate of need review on or before September 30, 2022, the appeal shall be transferred to the Intermediate Court of Appeals, as provided in 29A-5-4 of this code. For any appeal transferred pursuant to this subsection, the Intermediate Court of Appeals shall adopt any existing records of evidence and proceedings in the Office of Judges, conduct further proceedings as it considers necessary, and issue a final decision or otherwise dispose of the case pursuant to the provisions governing the judicial review of contested administrative cases in 29A-5-1
et seq
. of this code.