West Virginia Code of State Rules › Agency 65 - Health Care Authority › Title 65 - LEGISLATIVE RULE HEALTH CARE AUTHORITY › Series 65-07 - Certificate Of Need Rule › Section 65-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this legislative rule, all terms that are defined
				  in section 2 of the Act have those same meanings which are in some cases
				  further clarified in this section. Terms not defined in the Act have the
				  following meanings unless the context expressly requires otherwise.
2.1. "Acquire a Health Care Facility" means
				to obtain by purchase, donation, lease, stock transfer or comparable
				arrangement a health care facility's assets used in the provision of health
				services or a majority of stock, including the transfer of a health care
				facility from a subsidiary corporation to its parent corporation or vice versa
				or including a change or transfer of the licensee of the health care
				facility.
2.2. "Act" means the
				certificate of need act, W. Va. Code §
									16-2D-1 et
				seq.
2.3. "Batching" means the
				consideration of completed certificate of need applications which pertain to
				similar types of services, facilities or equipment affecting the same health
				service area.
2.4. "Batching
				Category" means any one of the groupings in section 10 of this rule.
2.5. "Board" means the West Virginia Health
				Care Authority established pursuant to W. Va. Code §
									16-29B-5
				and which is designated to administer the certificate of need program by W. Va.
				Code §
									16-29B-11.
2.6. "Certificate of Need" means a document
				issued by the board which indicates that a proposed new institutional health
				service is in compliance with the intent, purposes and provisions of W. Va.
				Code §
									16-2D-1 et
				seq., and that a need exists for the proposed new institutional health
				service.
2.7. "Consistent With The
				State Health Plan" means a determination made by the board that the
				preponderance of the evidence supports the achievement of the applicable
				provisions of the State Health Plan unless the Plan is in conflict with any
				statute or this rule.
2.8.
				"Diagnostic services" means, the offering or development of laboratory or
				imaging services at a new or existing health care facility or health
				maintenance organization; provided however, that a health care facility or
				health maintenance organization already offering one or more laboratory or
				imaging services, including but not limited to, radiology, ultrasound,
				mammography, fluoroscopy, nuclear imaging, densitometry, or computerized
				tomography at its existing facility, and proposing to add at its existing
				health care facility laboratory or imaging services not otherwise enumerated
				under subsection 28.1 and not constituting major medical equipment under
				subdivision 2.16.j, shall not be deemed to be engaged in the addition of health
				care services under subdivision 2.16.e of this rule.
2.9. "Emergency Circumstances That Pose A
				Threat To Public Health" means those circumstances proclaimed by the Secretary
				of the Department of Health and Human Resources to be an emergency which pose a
				threat to public health or those circumstances upon which a state of emergency
				is declared pursuant to W. Va. Code §
									15-5-6.
2.10. "Health Care Facility" has
				the same meaning as contained in W. Va. Code §
									16-2D-2(j),
				but does not include personal care homes as defined in W. Va. Code §
									16-5D-2,
				state homes for qualified veterans as defined in W. Va. Code §
									9A-2-1,
				or any institution operated by or on behalf of the West Virginia Division of
				Corrections.
2.11. "Non-health
				Related Project" is a project that exceeds the expenditure minimum for capital
				expenditures but the expenditure is for a non-health related purpose. Examples
				of a non-health related project are a telephone system, a heating and cooling
				system, a parking garage, etc.
2.12. "Parties" means the applicant and, if a
				hearing is held, the person requesting the hearing and all persons designated
				by the board as parties to the hearing.
2.13. "Potentially Unnecessarily
				Duplicative," used as a term to describe applications, means those applications
				in the same review cycle which propose new institutional health services to
				serve the same or similar health needs of the same or potentially the same
				population.
2.14. "Private Office
				Practice" means the independent practice of one or more health professionals
				that meets the following requirements:
2.14.a.
				The independent practice of one or more health professionals consists of one
				profession and is licensed, authorized, or organized pursuant to the provisions
				of Chapter 30 of the West Virginia Code in one of the following ways:
2.14.a.1. As a sole proprietorship wholly
				owned and operated by a health professional who is duly licensed pursuant to
				the provisions of Chapter 30 of the West Virginia Code;
2.14.a.2. As a partnership wholly owned and
				operated by two or more health professionals who are duly licensed pursuant to
				the provisions of Chapter 30 of the West Virginia Code;
2.14.a.3. As a professional corporation duly
				registered with or certified by the appropriate health professional licensure
				board; or
2.14.a.4. As a
				professional limited liability company duly registered with or certified by the
				appropriate health professional licensure board.