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 65-11-8 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this Legislative Rule, all terms that are defined
				  in the Act at section 2 thereof have those same meanings which are in some
				  cases further clarified herein. All terms not defined in the Act have the
				  following meanings unless the context expressly requires otherwise.
8.1. "Act" means the Certificate of Need Act,
				West Virginia Code, § 16-2D-1 et seq.
8.2. "Capital expenditure" has the meaning
				ascribed to it by section 2(f) of the Act, In particular, the state agency
				calls attention to fact that the term "capital expenditure" includes
				expenditures for studies, surveys, designs, plans, working drawings,
				specifications, and other activities, including staff effort and consulting and
				other services, essential to the proposal. Also, as section 2(f) of the Act
				notes, a series of expenditures, each less than the expenditure minimum, may be
				taken together if the state agency determines the expenditures should be
				combined as provided for by the Act.
8.3. "Merely replaces" as used in section 3
				of this rule means that the new major medical equipment does not differ in
				essential purpose or function from the equipment that is being replaced.
				Examples of a "mere replacement" is a second generation CT scanner by a fourth
				generation CT scanner. However, replacement of a CT scanner with a CT scanner
				that also provides radiation therapy is not a "mere replacement." Also,
				replacement of a CT scanner with a magnetic resonance imaging device is not a
				mere replacement since the essential purpose and function of the two types of
				imaging devices are dissimilar.
8.4. The term "not offered on a regular
				basis" means that the applicant has not held itself out to the public as
				offering the health service in issue or has not actually provided the service
				to any patient during the requisite twelve (12) months. It does not mean merely
				maintaining the capability of providing the health service.
8.5. "Obsolete" means no longer used or
				useful because of outmoded design or construction. This term is subjective and
				varies from user to user. What is obsolete to one facility may be quite useful
				to another facility because of varying needs between facilities. Hence, in
				determining whether or not an item of major medical equipment is "obsolete,"
				the needs of the possesser of the equipment must be taken into account.
8.6. "Outdated" means that the
				major medical equipment has become obsolete and has been replaced in common
				usage by other equipment.
8.7.
				"State agency" means the West Virginia Health Care Cost Review Authority which
				is designated to administer the certificate of need program by West Virginia
				Code, § 16-29B-11.
8.8.
				"Verified notice" means a notice containing the facts required by the various
				subsections of these rules and which has attached to it a statement made under
				oath before a notary public or other official entitled to administer oaths by
				the chief executive officer of the entity applying for the exemption that the
				facts and circumstances set forth in the notice are true or are believed to be
				true by the chief executive officer.
8.9. "Worn-out" means that the maintenance
				and repair costs together with lost revenue resulting from excessive downtime
				exceeds the annual depreciation expense of the major medical
				equipment.