West Virginia Code 16-2D-9 – Health services that cannot be developed
Notwithstanding §16-2D-8 and § 16-2D-11 of this code, these health services require a certificate of need but the authority may not issue a certificate of need to:
Terms Used In West Virginia Code 16-2D-9
- Authority: means the West Virginia Health Care Authority as provided in §. See West Virginia Code 16-2D-2
- Health care facility: means a publicly or privately owned facility, agency or entity that offers or provides health services, whether a for-profit or nonprofit entity and whether or not licensed, or required to be licensed, in whole or in part. See West Virginia Code 16-2D-2
- Health services: means clinically related preventive, diagnostic, treatment or rehabilitative services. See West Virginia Code 16-2D-2
- Intermediate care facility: means an institution that provides health-related services to individuals with conditions that require services above the level of room and board, but do not require the degree of services provided in a hospital or skilled-nursing facility. See West Virginia Code 16-2D-2
- Opioid treatment program: means as that term is defined in §. See West Virginia Code 16-2D-2
- Person: means an individual, trust, estate, partnership, limited liability corporation, committee, corporation, governing body, association and other organizations such as joint-stock companies and insurance companies, a state or a political subdivision or instrumentality thereof or any legal entity recognized by the state. See West Virginia Code 16-2D-2
- Skilled nursing facility: means an institution, or a distinct part of an institution, that primarily provides inpatient skilled nursing care and related services, or rehabilitation services, to injured, disabled or sick persons. See West Virginia Code 16-2D-2
(1) A health care facility adding intermediate care or skilled nursing beds to its current licensed bed complement, except as provided in § 16-2D-11 of this code;
(2) A person developing, constructing, or replacing a skilled nursing facility except in the case of facilities designed to replace existing beds in existing facilities that may soon be deemed unsafe or facilities utilizing existing licensed beds from existing facilities which are designed to meet the changing health care delivery system;
(3) Add beds in an intermediate care facility for individuals with an intellectual disability, except that prohibition does not apply to an intermediate care facility for individuals with intellectual disabilities beds approved under the Kanawha County circuit court order of August 3, 1989, civil action number MISC-81-585 issued in the case of E.H. v. Matin, 168 W.V. 248, 284 S.E. 2d 232 (1981) including the 24 beds provided in § 16-2D-8 of this code;
(4) An opioid treatment program; and
(5) Add licensed substance abuse treatment beds in any county which already has greater than 250 licensed substance abuse treatment beds.