If, within thirty (30) days of one another, an eligible primary care center and an eligible hospital which are located in the same county file applications pursuant to this rule, then at least one primary care center and at least one hospital from the county shall be required to collaborate for the provision of services at a birthing center in order to qualify for this exemption. Otherwise, if more than one application is received for this exemption for the same or overlapping underserved service areas as determined by the board, then no exemption shall be issued, and the birthing centers shall be subject to certificate of need review.
W. Va. Code R. § 65-24-6