W. Va. Code R. § 65-9-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-9-3 - Community Outpatient Medical Center
3.1. Eligibility requirements for a critical access hospital applying for a license designation change to a community outpatient medical center.
3.1.1. A critical access hospital may apply to be designated as a community outpatient medical center if:
3.1.1.a. It has been designated as a critical access hospital for at least one year;
3.1.1.b. It is designated as a critical access hospital at the time of application for a license designation change to a community outpatient medical center.
3.2. A community outpatient medical center shall:
3.2.1. Be open 24-hours a day, seven days a week;
3.2.2. Provide non-elective treatment and observation for periods continuing less than 24 hours;
3.2.3. If not otherwise subject to the federal Emergency Medical Treatment & Labor Act, 42 U.S.C. 1395dd, provide to each patient, without regard to the individual's ability to pay, an appropriate medical screening examination to determine whether an emergency medical condition exists, and if so, shall provide stabilizing treatment within its capability. If the community outpatient medical center is unable to stabilize the patient within its capability, or if the patient requests, it shall implement a transfer of the patient to another facility that has the capability of stabilizing the patient;
3.2.4. Make all reasonable efforts to secure written agreement(s) with hospital(s) which include provisions for patient referral and transfer between the facilities, with the use of emergency and non-emergency transportation; and
3.2.5. Have operational policies developed with participation from one or more licensed physicians. The operational policies shall describe the patient care services the community outpatient medical center will provide directly and those that will be provided through contract or other arrangement.
3.3. A community outpatient medical center may:
3.3.1. Provide elective, out-patient surgical treatment and procedures for periods continuing less than 24 hours;
3.3.2. Provide basic obstetrics and gynecology treatment and procedures for periods continuing less than 24 hours; and
3.3.3. Provide elective endoscopy or other elective treatment and procedures which are not performed in an operating room environment.

W. Va. Code R. § 65-9-3