Current through Register Vol. XLI, No. 52, December 27, 2024
Section 65-32-3 - Certificate of Need Requirements3.1. A new health service as defined by W. Va. Code § 16-2D-8 may not be acquired, offered, or developed within this state unless the Authority has issued a certificate of need for the new health service, subject to the exemptions in W. Va. Code § 16-2D-9, §16-2D-10, and §16-2D-11.3.2. A person or health care facility may not knowingly charge or bill for a health service as defined by W. Va. Code § 16-2D-8 without first obtaining a certificate of need from the Authority.3.3. Any charge or bill for a defined health service for which a certificate of need has not been issued by the Authority is void and legally unenforceable.3.4. A transfer of equipment or facilities for less than fair market value is a new health service if a transfer of the equipment or facilities at fair market value would be subject to review by the Authority.3.5. The Authority may determine a series of expenditures, each less than the expenditure minimum, which, when taken together, are in excess of the expenditure minimum, to be a single expenditure subject to the review of the Authority. In making that determination, the Authority shall consider the following: 3.5.a. Whether the expenditures are for components of a system which is required to accomplish a single purpose;3.5.b. Whether the expenditures are to be made over a two-year period and are directed towards the accomplishment of a single goal; or3.5.c. Whether the expenditures are to be made within a two-year period within a single department and constitute a significant modernization of the department.