16-2D-1 Legislative findings
16-2D-2 Definitions
16-2D-3 Powers and duties of the authority
16-2D-4 Rulemaking
16-2D-5 Fee; special revenue account; administrative fines
16-2D-6 Changes to certificate of need standards
16-2D-7 Determination of reviewability
16-2D-8 Proposed health services that require a certificate of need
16-2D-9 Health services that cannot be developed
16-2D-10 Exemptions from certificate of need
16-2D-11 Exemptions from certificate of need which require approval from the authority
16-2D-12 Minimum criteria for certificate of need reviews
16-2D-13 Procedures for certificate of need reviews
16-2D-14 Procedure for an uncontested application for a certificate of need
16-2D-15 Authority to render final decision; issue certificate of need; write findings; specify capital expenditure maximum
16-2D-16 Appeal of certificate of need a decision
16-2D-17 Nontransference, time period compliance and withdrawal of certificate of need
16-2D-18 Denial or revocation of license for operating without certificate
16-2D-19 Injunctive relief; civil penalty
16-2D-20 Statute of limitations

Terms Used In West Virginia Code > Chapter 16 > Article 2D

  • Affected person: means :

    (A) The applicant. See West Virginia Code 16-2D-2

  • Ambulatory health care facility: means a facility that provides health services to noninstitutionalized and nonhomebound persons on an outpatient basis. See West Virginia Code 16-2D-2
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means a person applying for a certificate of need, exemption or determination of review. See West Virginia Code 16-2D-2
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Authority: means the West Virginia Health Care Authority as provided in article twenty-nine-b of this chapter. See West Virginia Code 16-2D-2
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bed capacity: means the number of beds licensed to a health care facility or the number of adult and pediatric beds permanently staffed and maintained for immediate use by inpatients in patient rooms or wards in an unlicensed facility. See West Virginia Code 16-2D-2
  • Birthing center: means a short-stay ambulatory health care facility designed for low-risk births following normal uncomplicated pregnancy. See West Virginia Code 16-2D-2
  • Campus: means the adjacent grounds and buildings, or grounds and buildings not separated by more than a public right-of-way, of a health care facility. See West Virginia Code 16-2D-2
  • Capital expenditure: means :

    (A) (i) An expenditure made by or on behalf of a health care facility, which:

    (I) Under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance. See West Virginia Code 16-2D-2

  • Charges: means the economic value established for accounting purposes of the goods and services a hospital provides for all classes of purchasers. See West Virginia Code 16-2D-2
  • Community mental health and intellectual disability facility: means a facility which provides comprehensive services and continuity of care as emergency, outpatient, partial hospitalization, inpatient or consultation and education for individuals with mental illness, intellectual disability. See West Virginia Code 16-2D-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • cost: includes the fair market value. See West Virginia Code 16-2D-2
  • Diagnostic imaging: means the use of radiology, ultrasound, mammography. See West Virginia Code 16-2D-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Expenditure minimum: means the cost of acquisition, improvement, expansion of any facility, equipment, or services including the cost of any studies, surveys, designs, plans, working drawings, specifications and other activities, including staff effort and consulting at and above $5 million. See West Virginia Code 16-2D-2
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forbearance: A means of handling a delinquent loan. A
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • Home health agency: means an organization primarily engaged in providing professional nursing services either directly or through contract arrangements and at least one of the following services:

    (A) Home health aide services. See West Virginia Code 16-2D-2

  • Hospice: means a coordinated program of home and inpatient care provided directly or through an agreement under the direction of a licensed hospice program which provides palliative and supportive medical and other health services to terminally ill individuals and their families. See West Virginia Code 16-2D-2
  • Hospital: means a facility licensed pursuant to the provisions of article five-b of this chapter and any acute care facility operated by the state government, that primarily provides inpatient diagnostic, treatment or rehabilitative services to injured, disabled or sick persons under the supervision of physicians. See West Virginia Code 16-2D-2
  • in writing: include any representation of words, letters or figures, whether by printing, engraving, writing or otherwise. See West Virginia Code 2-2-10
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Like equipment: means medical equipment in which functional and technological capabilities are similar to the equipment being replaced. See West Virginia Code 16-2D-2
  • Major medical equipment: means a single unit of medical equipment or a single system of components with related functions which is used for the provision of medical and other health services and costs in excess of the expenditure minimum. See West Virginia Code 16-2D-2
  • Medically underserved population: means the population of an area designated by the authority as having a shortage of a specific health service. See West Virginia Code 16-2D-2
  • Nonhealth-related project: means a capital expenditure for the benefit of patients, visitors, staff or employees of a health care facility and not directly related to health services offered by the health care facility. See West Virginia Code 16-2D-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Opioid treatment program: means as that term is defined in article five-y of chapter sixteen. See West Virginia Code 16-2D-2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Personal care services: means personal hygiene. See West Virginia Code 16-2D-2
  • Physician: means an individual who is licensed to practice allopathic medicine by the board of Medicine or licensed to practice osteopathic medicine by the board of Osteopathic Medicine. See West Virginia Code 16-2D-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Proposed health service: means any service as described in section eight of this article. See West Virginia Code 16-2D-2
  • real property: include lands, tenements and hereditaments, all rights thereto and interests therein except chattel interests. See West Virginia Code 2-2-10
  • Related organization: means an organization, whether publicly owned, nonprofit, tax-exempt or for profit, related to a health care facility through common membership, governing bodies, trustees, officers, stock ownership, family members, partners or limited partners, including, but not limited to, subsidiaries, foundations, related corporations and joint ventures. See West Virginia Code 16-2D-2
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Secretary: means the Secretary of the West Virginia Department of Health and Human Resources. 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
  • state: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • State health plan: means a document prepared by the authority that sets forth a strategy for future health service needs in this state. See West Virginia Code 16-2D-2
  • Substantial change to the health services: means :

    (A) The addition of a health service offered by or on behalf of the health care facility which was not offered by or on behalf of the facility within the twelve-month period before the month in which the service was first offered. See West Virginia Code 16-2D-2

  • Telehealth: means the use of electronic information and telecommunications technologies to support long-distance clinical health care, patient and professional health-related education, public health and health administration. See West Virginia Code 16-2D-2
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • To develop: means to undertake those activities which upon their completion will result in the offer of a proposed health service or the incurring of a financial obligation in relation to the offering of such a service. See West Virginia Code 16-2D-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.