Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-11-8 - DefinitionsAs used in this Legislative Rule, all terms that are defined in the Act at section 2 thereof have those same meanings which are in some cases further clarified herein. All terms not defined in the Act have the following meanings unless the context expressly requires otherwise.
8.1. "Act" means the Certificate of Need Act, West Virginia Code, § 16-2D-1 et seq. 8.2. "Capital expenditure" has the meaning ascribed to it by section 2(f) of the Act, In particular, the state agency calls attention to fact that the term "capital expenditure" includes expenditures for studies, surveys, designs, plans, working drawings, specifications, and other activities, including staff effort and consulting and other services, essential to the proposal. Also, as section 2(f) of the Act notes, a series of expenditures, each less than the expenditure minimum, may be taken together if the state agency determines the expenditures should be combined as provided for by the Act. 8.3. "Merely replaces" as used in section 3 of this rule means that the new major medical equipment does not differ in essential purpose or function from the equipment that is being replaced. Examples of a "mere replacement" is a second generation CT scanner by a fourth generation CT scanner. However, replacement of a CT scanner with a CT scanner that also provides radiation therapy is not a "mere replacement." Also, replacement of a CT scanner with a magnetic resonance imaging device is not a mere replacement since the essential purpose and function of the two types of imaging devices are dissimilar. 8.4. The term "not offered on a regular basis" means that the applicant has not held itself out to the public as offering the health service in issue or has not actually provided the service to any patient during the requisite twelve (12) months. It does not mean merely maintaining the capability of providing the health service. 8.5. "Obsolete" means no longer used or useful because of outmoded design or construction. This term is subjective and varies from user to user. What is obsolete to one facility may be quite useful to another facility because of varying needs between facilities. Hence, in determining whether or not an item of major medical equipment is "obsolete," the needs of the possesser of the equipment must be taken into account. 8.6. "Outdated" means that the major medical equipment has become obsolete and has been replaced in common usage by other equipment. 8.7. "State agency" means the West Virginia Health Care Cost Review Authority which is designated to administer the certificate of need program by West Virginia Code, § 16-29B-11. 8.8. "Verified notice" means a notice containing the facts required by the various subsections of these rules and which has attached to it a statement made under oath before a notary public or other official entitled to administer oaths by the chief executive officer of the entity applying for the exemption that the facts and circumstances set forth in the notice are true or are believed to be true by the chief executive officer. 8.9. "Worn-out" means that the maintenance and repair costs together with lost revenue resulting from excessive downtime exceeds the annual depreciation expense of the major medical equipment.