Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-10-2 - Introduction2.1. W.Va. Code § 16-2D-5(f) authorizes the charging of fees "for the filing of any application, the filing of any notice in lieu of an application, the filing of any exemption determination request, or the filing of any request for a declaratory ruling." The statute further provides that the "fees charged may vary according to the type of matter involved, the type of health service or facility involved, or the amount of capital expenditure involved." Finally, the statute directs that the fees received shall be deposited into a special fund known as the "Certificate of Need Program Fund" and are to be expended for the purposes of the program.2.2. In setting a fee schedule, the Health Care Authority acknowledges the Certificate of Need program must be economically self sustaining. Fees are the primary revenue source to the program. The fees must support administrative, publication, review and other costs related to the statutory requirements of the program.2.3. The Health Care Authority acknowledges that the State's acute care hospitals fund the general operations of the agency through the assessments provided for by W.Va. Code § 16-29B-8(c), thus supporting the legal counsel services provided for the Certificate of Need program. Hence, the agency is of the opinion that accommodation of that fact should also be made in setting a fee schedule.