W. Va. Code R. § 64-37-3

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

Section 64-37-3 - The Planning Process

At the present time, the director of the department of health has chosen to commit a major portion of its planning for both physical facilities and programming to complying with two recent court decisions. These two decisions are:

(a) E. H., et al versus Khan Matin, M.D., etc., et aland

(b) Medley et al versus Ginsberg et al (supra). Of the two, E. H. v. Matin has had a greater and more immediate effect on department planning efforts, as it is extremely broad and has major implications for facility construction, alteration and renovation by the department as well as for programmatic planning. Details of the actions to be taken by the health department in response to E. H. v. Matin are set forth in the West Virginia Behavioral Health Care Delivery System Plan. The Delivery System Plan details department policies, and actions and other matters not relevant for this facility plan. Mandates of the Delivery System Plan which are relevant for this five (5) year plan are incorporated herein.

Additional planning efforts are directed toward:

(1) attaining and maintaining certification for reimbursement under the federal medicare and medicaid programs;

(2) complying with life-safety requirements as determined necessary by the state fire marshal; and

(3) implementing various projects related to increasing the energy efficiency of the state health and behavioral health care facilities.

All improvements and projects developed under the Delivery System Plan are subject to review by the advocates for the plaintiffs in E. H. v. Matin, a court-appointed monitor of the execution of the Delivery System Plan and an implementation team for the Delivery System Plan, which consists of health department facility administrators and central office staff. Additionally, the projects funded under this plan are subject to review under the West Virginia Certificate of Need Law, found at Chapter 16, Article 2D, Section 1 et seq. of the West Virginia Code and under Section 1122 of the Federal Social Security Act. Also included in the planning process are certain procedures required to be followed in filing this plan as an interpretive rule. A public hearing concerning the plan must be conducted and the plan must be approved by the State board of health. Expenditures made from the hospital services revenue account must be in accordance with this plan and must be approved by the State legislature.

W. Va. Code R. § 64-37-3