Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-27-4 - Exemption Procedure4.1. Each applicant seeking an exemption from Certificate of Need review pursuant to this rule, shall file a letter with the Authority requesting that the proposal not be subject to Certificate of Need review. The letter shall contain the name of the hospital; the types of services to be provided; the number of physicians to be employed; the location of the proposed ambulatory health care facility; and the total capital expenditure associated with the proposal.4.2. Upon receipt of the letter, the Authority shall provide at least thirty days' notice to the public of the intent of the hospital to construct, acquire or develop and ambulatory health care facility.4.2.1. Within 14 business days after receipt of the letter, the Authority shall publish a Class II legal notice in a qualified newspaper of general circulation where the construction, acquisition, or development of the ambulatory health care facility is or will be geographically located. The thirty-day notice shall commence with the first date of publication.4.2.2. If the county in which the health care facility is or will be geographically located contains a daily newspaper, a legal advertisement shall also be placed at least once in the daily newspaper.4.2.3. The public notice shall include all of the information required in subsection 4.1 of this rule.4.2.4. The public notice shall also include the following statement: Any affected person may oppose this proposal by submitting a letter stating the reason for the opposition, within thirty days of the first date of publication of the public notice to: General Counsel, West Virginia Health Care Authority, Certificate of Need Program, 100 Dee Drive, Charleston, West Virginia 25311. The public notice shall specify the last date upon which an affected person may file a letter of opposition.4.3. If the Authority receives a letter of opposition from an affected person within thirty days of the first date of publication of the public notice, the hospital requesting an exemption from Certificate of Need review under this rule must file a Certificate of Need application and receive a Certificate of Need to proceed with the project.4.4. If no letter of opposition is timely received by the Authority, then the Authority shall within 14 business days issue an order that the proposed ambulatory health care facility is not subject to Certificate of Need review.