Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-11-4 - Capital Expenditures Not For Health Services4.1. Any legal entity otherwise subject to the certificate of need program may obtain an exemption for capital expenditures in excess of the expenditure minimum for the purpose of making emergency repairs to the entity's physical facility or equipment.4.2. An "emergency repair" refers to a sudden and unforeseen breakdown or failure in the physical plant or equipment of a health care provider. The breakdown or failure must result in an imminent threat to the safety and well-being of the entity's patients or result in the inability of the entity to render health care services to its patients. Examples of such failures or breakdowns include the collapse of a wall of a building or the failure of a facility's boiler if that boiler is the primary source of heat or electricity for the facility. 4.3. The exemption may be obtained by the filing of a verified notice. The verified notice shall identify the legal entity involved, the amount of the capital expenditure involved, a description of the breakdown or failure involved, and a description of why that breakdown or failure constitutes an emergency as required by subsection 4.2.4.4. Upon receipt of the verified notice, the state agency shall determine whether the proposal is eligible for the exemption. This determination shall be made as soon as possible and is not to exceed three (3) working days. In the event that additional or more complete information is needed, the state agency may first request and receive that information before a decision is made. 4.5. 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 make the capital expenditure may not do so until after the entry of a final decision. 4.6. Any legal entity otherwise subject to the certificate of need program may obtain an exemption for capital expenditures in excess of the expenditure minimum for items not directly related to the provision of health services. The provisions of this subsection 4.6 et seq., do not replace or limit the emergency repair provisions stated above in subsections 4.1 through 4.5.4.7. The legal entity wishing to make a capital expenditure in excess of the expenditure minimum for items not directly related to the provision of health services shall complete the requisite expedited exempt review application form. Following the filing of the application, the state agency shall publish a notice of the filing in the Saturday Charleston newspapers, the State Register, and in the state agency's newsletter. The notice shall identify the legal entity, shall describe the proposed expenditure and its purpose, and shall describe the review period including the rights of affected parties to a hearing. 4.8. Following receipt of the application, the state agency shall determine within fifteen (15) days whether or not the application is complete. If the application is not complete, the state agency shall request additional information. Upon receipt of that additional information, the state agency shall have fifteen (15) days within which to determine if the application is complete. upon determining that the application is complete, the state agency shall publish a notice of that fact in the Saturday Charleston newspapers, the State Register, and in the state agency's newsletter. The notice shall identify the legal entity, shall describe the proposed expenditure and its purpose, and shall, if a hearing on the exemption has been requested, state the time, place, and date of the hearing. 4.9. If a hearing has not been requested, then following the determination of completeness the state agency shall within ten (10) days issue a written decision on the application which decision shall be a final decision for purposes of West Virginia Code, § 16-2D-7(r) and § 16-2D-10. The legal entity wishing to make the expenditure may not do so until the entry of a final decision. The state agency shall publish notice of the decision in the Saturday Charleston newspapers, the State Register, and the state agency's newsletter, 4.10. If a hearing has been requested by an affected party, the state agency shall follow the provisions of subsections 7.1 and 7.2 of this legislative rule. At the conclusion of the hearing, the parties may submit proposed findings of fact, conclusions of law, and legal briefs within five (5) days of the close of the hearing. This period may be extended only with the consent of the applicant. The state agency shall then have ten (10) days from the receipt of those items or the closure of the record if those items are not tendered to make its determination in writing,4.11. In order to be effective, the request for a hearing must be from an affected party and must be filed In writing with the state agency within fifteen (15) days of the publication of the notice in the Saturday Charleston newspapers as required by subsection 4.7. 4.12. A written decision made pursuant to subsection 4.10 shall be a final decision for purposes of West Virginia Code, § 16-2D-7(p) and § 16-2D-10. The legal entity wishing to make the expenditure may not do so until the entry of a final decision. The state agency shall publish notice of the decision in the Saturday Charleston newspapers, the State Register, and the state agency's newsletter, 4.13. The only criteria for review that shall be applicable to the review of a proposed expenditure under subsections 4.6 et seq., shall be the financial feasibility of the proposal. Findings that the proposal is financially feasible shall satisfy the requirements of West Virginia Code, § 16-2D-6C e) and -9(b). No other conclusions shall be required for approval of the proposal.