Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-23-2 - Definitions2.1. Allowable Distance -- In rural areas, for primary roads in non-mountainous terrain, twenty (20) miles; for primary roads in mountainous terrain, fifteen (15) miles; for interstates or other limited access highways, twenty-five (25) miles. In non-rural areas, for areas linked primarily by primary roads, seven (7) miles; and for areas linked primarily by interstates and other limited access highways, ten (10) miles.2.2. Board -- The West Virginia Health Care Cost Review Authority which is designated to administer the Certificate of Need Program pursuant to W. Va. Code '16-29B-11.2.3. Community-Based Primary Care Organization -- A facility operated by a tax exempt, non-profit organization with a community board that provides or will provide primary care services to people without regard to ability to pay and offers health education and preventive services to people in its service area. The facility must be open to provide primary care services for a minimum of thirty-two (32) hours per week.2.4. Community Board -- The governing board of a community-based primary care organization which has a sufficient community representation to qualify that center as a federally qualified health center.2.5. New Primary Care Services -- Health-related services that emphasize first contact patient care and that link the patient to the full spectrum of health services, including health education, preventive services, and secondary and tertiary care. The services may include maternal and child health programs, pediatric services, dental care, nutrition programs, adolescent care programs, women's health services, geriatric care, pharmaceutical services, lifestyle modification, wellness, and programs aimed at special community needs such as black lung and other occupational health clinics, health screening programs, and transportation services. Primary care services may be provided by physicians, nurse practitioners, physician assistants, and nurse-midwives. New primary care services shall not include the acquisition, offering, or development of major medical equipment otherwise subject to review under the provisions of W. Va. Code '16-2D-1 et seq. or the acquisition, offering, or development of CT scanners, ambulatory surgical facilities, lithotripsy, magnetic resonance imaging or radiation therapy. New primary care services shall, furthermore, not include an obligation for a capital expenditure incurred by or on behalf of the community-based primary care organization in excess of the expenditure minimum of seven hundred fifty thousand dollars ($750,000.00).2.6. Rural Area -- An area which does not contain a municipality with a population of 20,000 people.2.7. Service Area -- For each community-based primary care organization, the service area is the geographic area or population groups approved by the Public Health Service of the United States Department of Health and Human Services as the organization's service area. If a community-based primary care organization does not report its service area to the Public Health Service, the organization shall obtain approval of its service area from the Office of Community and Rural Health Services, within the state Department of Health and Human Resources.2.8. State Agency -- Health Care Cost Review Authority.2.9. Underserved Communities -- A community is considered underserved with respect to new primary care services if any of the following are true: 2.9.1. The services are to be located within the service area of the community-based primary care organization proposing the services; and the services are not located within the service area of other community-based primary care organizations; or2.9.2. The services are located at least the allowable distance from another community-based primary care organization.