W. Va. Code R. § 65-20-10

Current through Register Vol. XLI, No. 52, December 27, 2024
Section 65-20-10 - Criteria and Standards

Statement of Purpose: In order to ensure an appropriate supply of health services to the citizens of West Virginia while discouraging unnecessary duplication and high costs, the Health Care Cost Review Authority shall conduct a through public review and evaluation of proposed projects.

The goal of the Certificate of Need Program is to provide for the continued orderly development of the health care system in West Virginia through a public review of proposed applications that are evaluated in accordance with established Criteria and Standards. The purpose of the Criteria and Standards is twofold:

(1) To serve as guidelines in the continued orderly development of the health care system in West Virginia in accordance with the Certificate of Need statute; and

(2) To promote cost-effective alternatives to higher-cost services.

10.1. An existing hospital may apply to convert acute care beds to skilled nursing beds.
10.1.1. There shall be a minimum of ten (10) beds and a maximum of twenty-five (25) beds per unit or per application.
10.1.2. The hospital must convert at least one (1) acute care bed into one (1) medicare certified only skilled nursing care bed. The Authority may require a hospital to delicense up to and including three (3) acute care beds for each medicare certified only skilled nursing bed.
10.1.3. All acute care beds converted shall be permanently deleted from the hospital's acute care be complement and the hospital may not thereafter add, by conversion or otherwise, acute care beds to its bed complement without satisfying the requirements of W. Va. Code '16-2D-3(d) for which purposes such an addition, whether by conversion or otherwise, is considered a substantial change to the bed capacity of the hospital notwithstanding the definition of that term found in W. Va. Code '16-2D-2(ee).
10.1.4. The hospital must use existing space for the medicare certified only skilled nursing care beds. Under no circumstances shall the hospital construct new space, lease or acquire additional space for the purpose of developing a skilled nursing care unit.
10.1.5. The hospital must provide evidence that an acute care patient prior to transfer to the medicare skilled nursing care unit, will be notified of the existence of facilities with skilled nursing care beds which are located in or near the patient's county of residence and of the availability of admission to such nursing facility.
10.1.6. The hospital shall meet all federal and state licensing certification and operational requirements applicable to nursing homes including a requirement that all skilled care beds converted shall be located in distinct-part, long-term care unit.
10.1.7. The hospital must demonstrate a need for the number of medicare skilled nursing care beds proposed for the distinct-part unit. The methodology for demonstrating need shall be quantitative and be directly related to the hospital proposing the conversion to skilled nursing care beds. The methodology shall be DRG based and involve 94 DRG's which have a high probability of resulting in skilled nursing services. A complete listing of the 94 DRG's is attached at the end of this rule. The first step is to determine a discharge base by finding the number of discharges with a length-of-stay of eight (8) days or more. A need projection can then be calculated by multiplying the number of discharges of eight (8) days or more time fifteen (15), the average length of stay for a skilled nursing unit. This product is divided by three hundred sixty-five (365) days and again divided by .90 (average acceptable occupancy rate for a skilled nursing unit) to determine the projected need for skilled nursing beds which the hospital can demonstrate from its own patient data.
10.1.8. A hospital with an existing skilled nursing care unit is not eligible to apply for additional skilled nursing care beds until the existing unit exceeds an aggregate average occupancy rate of ninety percent (90%) for the previous twelve (12) months.
10.1.9. A hospital which converts acute care beds to medicare certified only skilled nursing beds is prohibited from billing for any medicaid reimbursement for any beds converted pursuant to this rule.

SKILLED NURSING UNIT DRG'S

DRG

GROUP

NUMBERDESCRIPTION

009 Spinal Disorders & Injuries

010 Nervous System Neoplasms With CC

012 Degenerative Nervous Neoplasms With CC

014 Specific Cerebrovascular Disorders Except TIA

018 Cranial & Peripheral Nerve Disorders With CC

024 Seizure & Headache Age 17 With CC

034 Other Disorders Of Nervous System With CC

044 Acute Major Eye Infections

075 Major Chest Procedures

078 Pulmonary Embolism

079 Respiratory Infections & Inflammations Age 17 With CC

082 Respiratory Neoplasms

083 Major Chest Trauma With CC

085 Pleural Effusion With CC

087 Pulmonary Edema & Respiratory Failure

088 Chronic Obstructive Pulmonary Disease

089 Simple Pneumonia & Pleurisy Age 17 With CC

094 Pneumothorax With CC

096 Bronchitis & Asthma Age 17 With CC

101 Other Respiratory System Diagnoses With CC

106 Cornary Bypass With Cardiac Cath

107 Cornary Bypass W/O Cariac Cath

110 Major Cardiovascular Procedures With CC

113 Amputation For Circ System Disorders Except Upper Limb & Toe

115 Perm Cardiac Pacemaker Implant With Ami, Heart Failure or Shock

121 Circulatory Disorders With Ami & C.V. Comp. Disch. Alive

DRG

GROUP

NUMBERDESCRIPTION

126 Acute & Subacute Endocarditis

127 Heart Failure & Shock

128 Deep Vein Thrombophlebitis

130 Peripheral Vascular Disorders With CC

132 Atherosclerosis With CC

134 Hypertension

135 Cardiac Congenital & Valvular Disorders Age 17 With CC

138 Cardiac Arrhythmia & Conduction Disorders With CC

140 Angina Pectoris

144 Other Circulatory System Diagnoses With CC

146 Rectal Resection With CC

148 Major Small & Large Bowel Procedures With CC

150 Peritoneal Adhesiolysis Age 69 And/Or CC

164 Appendectomy With Complicated Princ. Diag Age 69/And/Or CC

172 Digestive Malignancy Age 69 And/Or CC

174 G.I. Hemorrhage Age 69 And/Or CC

179 Inflammatory Bowel Disease

180 G.I. Obstruction With CC

182 Esophagitis, Gastroent. & Misc. Digest. Disorders Age 17 With CC

188 Other Digistive System Diagnosis Ages 69 And/Or CC

191 Major Pancreas, Liver & Shunt Procedures With CC

195 Total Cholecystectomy W C.D.E. With CC

197 Total Cholecystectomy W/O C.D.E. With CC

203 Malignancy Of Hepatobiliary System Or Pancreas

204 Disorders Of Pancreas Except Malignancy

205 Disorders Of Liver Exc Malig. Cirr. Alc Hepa With Cc

207 Disorders Of The Biliary Tract With CC

209 Major Joint And Limb Reattachment Procedures

210 Hip & Femur Procedures Except Major Joint Age 17 With Cc

213 Amputations For Musculoskeletal System & Conn. Tissue Disorders

217 Wnd Debrid & Skn Grft Exc Hand, For Muscskeletal & Conn. Tiss. Dis.

221 Major Shoulder/Elbow Proc. Or Other Upper Extremity Proc. W CC

223 Upper Extremity Proc. Exc. Humerus + Hand Age 69 And/Or CC

233 Other Musculoskelet Sys. & Conn. Tiss. O.R. Proc. With CC

235 Fractures Of Femur

236 Fractures Of Hip & Pelvis

238 Osteomyelitis

239 Pathological Fractures & Musculoskeletal & Conn. Tiss. Malignancy

240 Connective Tissue Disorders With CC

242 Septic Arthritis

244 Bone Diseases & Specific Arthropathies With CC

257 Total Mastectomy For Malignancy With CC

259 Subtotal Mastectomy For Malignancy With CC

263 Skin-Grafts And/Or Debrid Ulcer Or Cllulitis With CC

271 Skin Ulcers

DRG

GROUP

NUMBERDESCRIPTION

272 Major Skin Disorders With CC

274 Malignant Breast Disorders With CC

277 Cellulitis Age 17 With CC

285 Amputation Of Lower Limb For Endocrine, Nutritional & Metabolic Dis.

294 Diabetes Age = 35

296 Nutritional & Misc. Metabolic Disorders With CC

300 Endocrine Disorders Age 69 And/Or CC

306 Prostatectomy With CC

310 Transurethral Procedures With CC

318 Kidney & Urinary Tract Neoplasms Age 17 With CC

320 Kidney & Urinary Tract Infections Age 17 With CC

331 Other Kidney & Urinary Tract Diagnoses Age 17 With CC

336 Transurethral Prostatectomy With CC

346 Malignancy, Male Reproductive System With CC

366 Malignancy, Female Reproductive System With CC

400 Lymphoma And Leukemia With Major O.R. Procedure

401 Lymphoma And Non-Acute Leukemia With Other O.R. Proc. With CC

403 Lymphoma And Non-Acute Leukemia With CC

416 Septicemia Age 17

423 Other Infectious & Parasitic Diseases Diagnoses

444 Traumatic Injury Age 17 With CC

449 Poisoning And Toxic Effects Of Drugs Age 69 And/Or CC

462 Rehabilitation

W. Va. Code R. § 65-20-10