Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-11-3 - Replacement Major Medical Equipment3.1. Any legal entity which wishes to acquire, either by purchase, lease, or other comparable arrangement, major medical equipment which merely replaces medical equipment already owned by the entity and which has become outdated, worn-out, or obsolete may do so without undergoing certificate of need review but must first notify the state agency of its intention to do so and obtain an exemption from review. This exemption is not available to any entity which previously utilized mobile equipment and who now wishes to replace the mobile equipment with non-mobile equipment. Upon proof by the state agency that the equipment to be replaced was acquired in an unlawful manner under the Act, this exemption is not available. In addition, in order for the exemption to be obtained, the applicant must agree not to utilize the old equipment on a regular basis in the future; except that, the old equipment may be retained and used on a back-up basis when the new equipment is not available. 3.2. The verified notice shall identify the legal entity involved, the location or locations of the present medical equipment, the location or locations where the new major medical equipment will be placed, the cost including installation of the equipment, the fair market value of the new equipment, the cost of any renovations needed for the installation of the new equipment, a description of the functions and uses of the old and of the new equipment, and utilization rates for the old equipment for the immediate past three (3) calendar years, 3.3. Upon receipt of the notice, the state agency shall within fifteen (15) days determine whether the new equipment acquisition is eligible for the exemption. In the event the state agency needs more information to make its determination, it shall request that information in writing. Such request shall terminate the applicable fifteen (15) day review period and a new fifteen (15) day review period shall begin upon receipt by the state agency of the requested information. Submission of incomplete or inadequate additional information shall not cause the new fifteen (15) day review period to begin. 3.4. Notwithstanding the provisions contained either in those portions of the state health plan which identify specialized acute care services or in section 6 of this rule, this section, "Replacement of Major Medical Equipment," shall govern any action which merely replaces any equipment which has become outdated, worn out, or obsolete. 3.5. Upon determining that the major medical equipment that is proposed to be acquired will merely replace equipment which is already owned by the entity and which has become outdated, worn-out, or obsolete, the state agency shall grant the entity an exemption from certificate of need review. 3.6. The state agency's ruling upon the applicability of the exemption shall be in writing and shall be a final decision for purposes of West Virginia Code, § 16-2D-7(r) and § 16-2D-10. The legal entity wishing to acquire the new major medical equipment may not do so until the entry of a final decision.