Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-21-8 - Application Review Procedure8.1. Applicants must file a letter of intent with the board at least fifteen (15) days before the submission of a formal application. The letter of intent must contain sufficient information to advise the board of the nature, scope, cost and timing of the project, as well as the location and name of the proposed applicant. Letters of intent are effective for one (1) year from the date of their filing.8.2. Upon receipt of a certificate of need application, the board shall determine whether the application is complete or whether additional information is required. A declaration by the board that an application is complete means that there is sufficient information contained in the application for the board to make an informed decision. It does not mean that the approval of the application is warranted. Except in emergency situations that pose a threat to the public health, an application shall not be declared complete if: 8.2.1. A long-range plan with a sufficient level of detail acceptable to the board and adopted by the applicant within the preceding five (5) years is not on file with the board;8.2.2. The applicant is a health care facility subject to the financial disclosure provisions of W. Va. Code '16-5F-1 et seq., or W. Va. Code '16-29B-1 et seq., and the health care facility has failed to file with the board all reports, records, data or other information required by the Code.8.3. A determination of completeness must be made by the board within fifteen (15) days of its receipt of the application. If the board determines that the application is not complete, it shall request additional information or ask additional questions. Upon receipt of the additional information, the board has fifteen (15) days within which to determine if the application is complete. If the applicant fails to respond within one hundred eighty (180) days, the application is considered withdrawn. If the applicant later desires to pursue the project, a new letter of intent and application must be filed.8.4. Upon a determination by the board that an application is complete, the board shall publish a notice declaring its completeness in the Saturday Charleston newspapers, and the State Register. The notice shall, at a minimum, contain the following: 8.4.1. The name of the applicant;8.4.2. A description of the proposed project;8.4.3. The date the review cycle begins;8.4.4. The last date for an affected person to request a public hearing;8.4.5. The file closing date if no public hearing is requested;8.4.6. The date upon which a decision will be issued by the board; and,8.4.7. If applicable, that the application is considered potentially unnecessarily duplicative of other applications under review.8.5. Once a determination of completeness has been made by the board and the appropriate notice published or mailed, the board shall provided a minimum of thirty (30) days from the beginning of the review period for affected persons to request a public hearing. A request for a public hearing must be in writing and shall be addressed to: General Counsel, West Virginia Health Care Cost Review Authority, Certificate of Need Program, 100 Dee Drive, Suite 201, Charleston, West Virginia 25311-1692.8.6. The board shall hold a public hearing on an application if requested to do so by any affected person. The board may also hold a public hearing upon its own initiative.8.7. If a public hearing is held on an application, and other applications have been determined to be potentially unnecessarily duplicative thereof, the public hearing shall be held on the application and all other applications that are potentially unnecessarily duplicative.8.8. When a public hearing is scheduled to be conducted upon an application, the board shall, prior to the hearing, provide notice to all parties and publish notice in the Saturday Charleston newspapers and the State Register. The notice shall, at a minimum, contain the following: 8.8.1. The name of the applicant;8.8.2. A description of the proposed project;8.8.3. The date of the public hearing;8.8.4. The date of any prehearing conference; and, The hearing shall be conducted in accordance with the requirements for administrative hearings found in W. Va. Code '29A-5-1 et seq., and the provisions of the 65 CSR 7.