W. Va. Code R. § 65-7-10

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-7-10 - Batching of Applications
10.1. The board shall batch all applications which pertain to similar types of services, facilities or equipment affecting the same health service area into the following categories and shall consider the applications in relation to each other:
10.1.a. Medical/surgical beds or acute care facilities: Beds, health services or capital expenditures in excess of the applicable expenditure minimum;
10.1.b. Behavioral health/ psychiatric/ chemical dependency/group homes for mental health/mental retardation/developmentally disabled: Beds, facilities, health services or capital expenditures in excess of the applicable expenditure minimum;
10.1.c. Specialized acute care: Obstetric, pediatric or intensive care beds, health services or capital expenditures in excess of the applicable expenditure minimum;
10.1.d. Medical rehabilitation: Beds, health services or capital expenditures in excess of the applicable expenditure minimum;
10.1.e. Nursing facility (NF)/skilled nursing facility (SNF): Long-term care beds, health services or capital expenditures in excess of the applicable expenditure minimum;
10.1.f. Major medical equipment: Capital expenditures in excess of the applicable expenditure minimum;
10.1.g. Any proposed new institutional health service that does not fall in batching categories (a) through (f) of this subsection but which directly relates to beds, major medical equipment or health services associated with a capital expenditure in excess of the expenditure minimum; and
10.1.h. Other proposed new institutional health services.
10.2. If any application is broader in scope than a single batching category, the board may include the components of the application within each appropriate category.
10.3. The board shall review standard applications which fall within batching categories (a) through (g) of subsection 10.1 of this rule in four annual cycles. On the first Friday of the months of February, May, August and November, the board shall collect by batching categories all applications determined to be complete since the previous cycle. The board shall then establish a ninety (90) day review cycle for each category. For consideration in any batch cycle, the applicant shall submit the application no later than fifteen (15) days prior to the beginning of the batch.
10.4. The board shall review expedited applications which fall within subsection 5.7 of this rule in cycles beginning each month. On the last working day of each month the board shall collect those applications filed pursuant to subsection 5.7 of this rule and determined to be complete during that month and establish a forty-five (45) day review cycle for those applications.
10.5. The board shall begin the review process for any application submitted to the board for a new institutional health service proposed solely to eliminate or prevent imminent safety hazards, as defined by federal, state or local fire, building or life safety codes or rules and regulations, or to comply with licensure, accreditation or certification standards, on a weekly basis. On the last working day of each week the board shall collect the applications which fall into this category and are determined to be complete and establish the appropriate review cycle for those applications.
10.6. The board shall review all other expedited applications in cycles beginning each month. On the last working day of each month the board shall collect by batching categories those expedited applications determined to be complete during that month and establish a sixty-five (65) day review cycle for those applications.
10.7. The board, in considering standard or expedited applications in relation to each other, shall consider to what extent the proposed new institutional health services within each batching category and review cycle are potentially unnecessarily duplicative. Where the potential for unnecessary duplication exists, the board shall conduct its review of the applications in a way that compares the potentially unnecessarily duplicative portions of the various applications. If one or more of the applicants are granted a certificate of need, the board shall, in its final decision, include a comparative analysis of the potentially unnecessarily duplicative services.
10.8. The board may batch together standard and expedited applications reviewed if it determines that the applications pertain to similar types of services, facilities or equipment affecting the same health service area.

W. Va. Code R. § 65-7-10