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 65-11-3 - Replacement Major Medical Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any legal entity which wishes to
				acquire, either by purchase, lease, or other comparable arrangement, major
				medical equipment which merely replaces medical equipment already owned by the
				entity and which has become outdated, worn-out, or obsolete may do so without
				undergoing certificate of need review but must first notify the state agency of
				its intention to do so and obtain an exemption from review. This exemption is
				not available to any entity which previously utilized mobile equipment and who
				now wishes to replace the mobile equipment with non-mobile equipment. Upon
				proof by the state agency that the equipment to be replaced was acquired in an
				unlawful manner under the Act, this exemption is not available. In addition, in
				order for the exemption to be obtained, the applicant must agree not to utilize
				the old equipment on a regular basis in the future; except that, the old
				equipment may be retained and used on a back-up basis when the new equipment is
				not available.
3.2. The verified
				notice shall identify the legal entity involved, the location or locations of
				the present medical equipment, the location or locations where the new major
				medical equipment will be placed, the cost including installation of the
				equipment, the fair market value of the new equipment, the cost of any
				renovations needed for the installation of the new equipment, a description of
				the functions and uses of the old and of the new equipment, and utilization
				rates for the old equipment for the immediate past three (3) calendar years,
3.3. Upon receipt of the notice,
				the state agency shall within fifteen (15) days determine whether the new
				equipment acquisition is eligible for the exemption. In the event the state
				agency needs more information to make its determination, it shall request that
				information in writing. Such request shall terminate the applicable fifteen
				(15) day review period and a new fifteen (15) day review period shall begin
				upon receipt by the state agency of the requested information. Submission of
				incomplete or inadequate additional information shall not cause the new fifteen
				(15) day review period to begin.
3.4. Notwithstanding the provisions contained
				either in those portions of the state health plan which identify specialized
				acute care services or in section 6 of this rule, this section, "Replacement of
				Major Medical Equipment," shall govern any action which merely replaces any
				equipment which has become outdated, worn out, or obsolete.
3.5. Upon determining that the major medical
				equipment that is proposed to be acquired will merely replace equipment which
				is already owned by the entity and which has become outdated, worn-out, or
				obsolete, the state agency shall grant the entity an exemption from certificate
				of need review.
3.6. 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 acquire the new major medical
				equipment may not do so until the entry of a final decision.