West Virginia Code of State Rules › Agency 65 - Health Care Authority › Title 65 - LEGISLATIVE RULE HEALTH CARE AUTHORITY › Series 65-16 - Exemption For Shared Services › Section 65-16-4 - Exemption Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each
				acute care facility seeking an exemption pursuant to this rule, must file with
				the board a letter of intent at least fifteen (15) days before the submission
				of the application. The letter of intent shall contain sufficient information
				to advise the board of the nature of the exemption sought and outline the
				grounds for such exemption.
4.2.
				Upon receipt of the letter of intent, the board shall publish a notice in the
				Saturday Charleston newspapers and the State Register. The notice shall
				identify the legal entity seeking an exemption, the type of exemption
				requested, and a description of the proposal. The notice shall also state the
				rights of affected parties to a hearing.
4.3. In order to obtain the exemption, each
				acute care facility must file an application with the board no sooner than the
				fifteenth day or later than the thirtieth day following the filing of the
				letter of intent. The application shall identify the hospitals and all other
				entities involved in the proposal, identify the equipment to be acquired and
				the services to be provided, the fair market value of the equipment to be
				provided, the capital expenditures to be made by each hospital, each hospital's
				annual operating expenses for each of the first three (3) years of operation of
				the shared services, the proposed schedule for the equipment's use at each
				hospital, a complete list of all persons and/or entities with an ownership
				interest in the equipment and a complete list of all persons with an ownership
				interest in the entity which owns the equipment, a complete list of all
				physicians with admitting privileges at the facility, and the proposed charges
				to the patient for the service. The application shall contain a verification
				signed by the chief executive officer and the person or persons who prepared
				the application.
4.4. Upon receipt
				of the application, the board shall determine within fifteen (15) days whether
				or not the application is complete. If the application is not complete, the
				board may request additional information. Upon receipt of that additional
				information, the board has fifteen (15) days within which to determine if the
				application is complete. Upon determining that the application is complete and
				after the date has passed in which an affected person may request a hearing,
				the board shall publish a notice in the Saturday Charleston newspapers, the
				State Register, and a newspaper of general circulation within the area of the
				facility. The notice shall identify the applicants, shall describe the
				proposal, and shall, if a hearing on the exemption has been requested, state
				the time, place, and date of the hearing.
4.5. If a hearing has not been requested,
				then following the publication of the notice in the Saturday Charleston
				newspapers and the State Register and a newspaper of general circulation within
				the area of the facility, the board shall within ten (10) days issue a written
				decision on the application which decision is a final decision. The board shall
				publish notice of the decision in the Saturday Charleston newspapers, the State
				Register and a newspaper of general circulation within the area of the
				facility. The applicant shall not acquire or contract for the major medical
				equipment until after entry of a final decision by the board.
4.6. If a hearing has been requested by an
				affected party, the board shall follow the provisions of subsections 5.1, 5.2
				and 5.3 of this legislative rule.
4.7. In order to be effective, the request
				for a hearing must be from an affected party and must be filed in writing with
				the board within ten (10) days of the publication of the notice in the Saturday
				Charleston newspapers as required by subsection 4.2.