W. Va. Code R. § 65-32-16

Current through Register Vol. XLI, No. 52, December 27, 2024

Section 65-32-16 - Substantial Compliance Review

16.1. The Authority shall conduct a substantial compliance review of all new health services for which it has issued a certificate of need. No later than 45 days prior to licensure or the undertaking of the activity for which a certificate of need was issued, or an exemption granted, the applicant shall request, in writing, that the Authority undertake a substantial compliance review. The request shall contain a verification signed by the Chief Executive Officer.

16.2. The Authority shall issue its findings as to substantial compliance within 45 days of its receipt of a request for the review. If the Authority finds that the project is not in substantial compliance with its certificate of need, the Authority may withdraw the certificate and the Authority may direct that any license to operate the new service be revoked or denied, or the Authority may impose appropriate fines and/or seek an injunction against the use or operation of the new service.

16.3. If the Authority determines that it would be impracticable for the applicant to prepare and submit final cost figures for the project prior to the time the project is ready to be licensed or ready to undertake the activity for which a certificate of need was issued, the Authority may issue a conditional notice of substantial compliance, authorizing the licensure or the undertaking of the activity, for up to 12 months. The applicant shall prepare and submit documented final cost figures within the time designated by the Authority in its notice of substantial compliance. The Authority may withdraw a certificate of need if the applicant fails to submit the final cost figures within the time designated by the Authority. The Authority may impose appropriate fines and seek an injunction against the further use or operation of the new service.

W. Va. Code R. § 65-32-16