W. Va. Code R. § 65-32-18

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 65-32-18 - Declaratory Ruling or Ruling of Reviewability

18.1. A health care facility, health care provider or other entity regulated by the statute, or any person planning to acquire, offer or develop any new health service may apply to the Authority for a declaratory ruling on any matter regulated by the statute or any rule promulgated under the statute.

18.2. Any person acquiring, offering or developing a health service may apply to the Authority for a ruling regarding reviewability of the proposed health service. The request must be accompanied by a nonrefundable $100 fee.

18.3. Persons who request a declaratory ruling or a ruling regarding reviewability shall make the request in writing. They shall address the request to: Chairman, West Virginia Health Care Authority, 100 Dee Drive, Suite 201, Charleston, West Virginia 25311. The request shall contain a verification signed by the Chief Executive Officer.

18.4. Upon receipt of a request for declaratory ruling or a ruling regarding reviewability, the Authority shall issue its ruling within 45 days of its receipt of the request if all of the necessary information has been provided to the Authority in a timely manner. The Authority shall serve the ruling upon the person requesting the ruling and shall make the ruling available to any other person upon request and on payment of the cost set out in the fee schedule adopted by the Authority.

18.5. The Authority shall publish notice of its declaratory ruling or ruling regarding reviewability on its website.

W. Va. Code R. § 65-32-18