West Virginia Code of State Rules › Agency 65 - Health Care Authority › Title 65 - LEGISLATIVE RULE HEALTH CARE AUTHORITY › Series 65-11 - Exemptions From Certificate Of Need Review › Section 65-11-4 - Capital Expenditures Not For Health Services

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any legal entity otherwise subject to
				the certificate of need program may obtain an exemption for capital
				expenditures in excess of the expenditure minimum for the purpose of making
				emergency repairs to the entity's physical facility or equipment.
4.2. An "emergency repair" refers to a sudden
				and unforeseen breakdown or failure in the physical plant or equipment of a
				health care provider. The breakdown or failure must result in an imminent
				threat to the safety and well-being of the entity's patients or result in the
				inability of the entity to render health care services to its patients.
				Examples of such failures or breakdowns include the collapse of a wall of a
				building or the failure of a facility's boiler if that boiler is the primary
				source of heat or electricity for the facility.
4.3. The exemption may be obtained by the
				filing of a verified notice. The verified notice shall identify the legal
				entity involved, the amount of the capital expenditure involved, a description
				of the breakdown or failure involved, and a description of why that breakdown
				or failure constitutes an emergency as required by subsection 4.2.
4.4. Upon receipt of the verified notice, the
				state agency shall determine whether the proposal is eligible for the
				exemption. This determination shall be made as soon as possible and is not to
				exceed three (3) working days. In the event that additional or more complete
				information is needed, the state agency may first request and receive that
				information before a decision is made.
4.5. The state agency's ruling upon the
				applicability of the exemption shall be in writing and shall be a final
				decision for purposes of West Virginia Code, § 16-2D-7(r) and §
				16-2D-10. The legal entity wishing to make the capital expenditure may not do
				so until after the entry of a final decision.
4.6. Any legal entity otherwise subject to
				the certificate of need program may obtain an exemption for capital
				expenditures in excess of the expenditure minimum for items not directly
				related to the provision of health services. The provisions of this subsection
				4.6
et seq
., do not replace or limit the emergency
				repair provisions stated above in subsections 4.1 through 4.5.
4.7. The legal entity wishing to make a
				capital expenditure in excess of the expenditure minimum for items not directly
				related to the provision of health services shall complete the requisite
				expedited exempt review application form. Following the filing of the
				application, the state agency shall publish a notice of the filing in the
				Saturday Charleston newspapers, the State Register, and in the state agency's
				newsletter. The notice shall identify the legal entity, shall describe the
				proposed expenditure and its purpose, and shall describe the review period
				including the rights of affected parties to a hearing.
4.8. Following receipt of the application,
				the state agency shall determine within fifteen (15) days whether or not the
				application is complete. If the application is not complete, the state agency
				shall request additional information. Upon receipt of that additional
				information, the state agency shall have fifteen (15) days within which to
				determine if the application is complete. upon determining that the application
				is complete, the state agency shall publish a notice of that fact in the
				Saturday Charleston newspapers, the State Register, and in the state agency's
				newsletter. The notice shall identify the legal entity, shall describe the
				proposed expenditure and its purpose, and shall, if a hearing on the exemption
				has been requested, state the time, place, and date of the hearing.
4.9. If a hearing has not been requested,
				then following the determination of completeness the state agency shall within
				ten (10) days issue a written decision on the application which decision shall
				be a final decision for purposes of West Virginia Code, § 16-2D-7(r) and
				§ 16-2D-10. The legal entity wishing to make the expenditure may not do so
				until the entry of a final decision. The state agency shall publish notice of
				the decision in the Saturday Charleston newspapers, the State Register, and the
				state agency's newsletter,
4.10.
				If a hearing has been requested by an affected party, the state agency shall
				follow the provisions of subsections 7.1 and 7.2 of this legislative rule. At
				the conclusion of the hearing, the parties may submit proposed findings of
				fact, conclusions of law, and legal briefs within five (5) days of the close of
				the hearing. This period may be extended only with the consent of the
				applicant. The state agency shall then have ten (10) days from the receipt of
				those items or the closure of the record if those items are not tendered to
				make its determination in writing,
4.11. In order to be effective, the request
				for a hearing must be from an affected party and must be filed In writing with
				the state agency within fifteen (15) days of the publication of the notice in
				the Saturday Charleston newspapers as required by subsection 4.7.
4.12. A written decision made pursuant to
				subsection 4.10 shall be a final decision for purposes of West Virginia Code,
				§ 16-2D-7(p) and § 16-2D-10. The legal entity wishing to make the
				expenditure may not do so until the entry of a final decision. The state agency
				shall publish notice of the decision in the Saturday Charleston newspapers, the
				State Register, and the state agency's newsletter,
4.13. The only criteria for review that shall
				be applicable to the review of a proposed expenditure under subsections 4.6
et seq
., shall be the financial feasibility of the
				proposal. Findings that the proposal is financially feasible shall satisfy the
				requirements of West Virginia Code, § 16-2D-6C e) and -9(b). No other
				conclusions shall be required for approval of the
				proposal.