H. B. 4149
(By Mr. Speaker, Mr. Kiss, and Delegates Givens,
Thompson, Michael, Martin, Yeager and Linch)
[Introduced January 25, 2000; referred to the
Committee on Veterans Affairs then Finance.]
A BILL to amend and reenact section four, article six, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend chapter nine-a of said code
by adding thereto a new article, designated article two-a;
and to amend and reenact section four, article two-d,
chapter sixteen of said code, all relating to the
establishment of state veterans' nursing homes; authorizing
the state building commission to acquire or construct
facilities necessary for the establishment of one or more
state veterans' nursing homes; granting the division of
veterans affairs jurisdiction over the state veterans'
nursing homes; providing for the promulgation of rules;
authorizing the division of veterans' affairs to seek
necessary state or federal funding; authorizing the issuance
of revenue bonds and other financial arrangements; exempting
veterans' nursing homes from certificate of need requirements and coordination with nursing home licensing
and regulation requirements.
Be it enacted by the Legislature of West Virginia:
That section four, article six, chapter five of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; that chapter nine-a of said code be
amended by adding thereto a new article, designated article
two-a; and that section four, article two-d, chapter sixteen of
said code be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 6. STATE BUILDING COMMISSION.
§5-6-4. Powers of commission.
The commission has the power:
(1) To sue and be sued, plead and be impleaded;
(2) To have a seal and alter the same at pleasure;
(3) To contract to acquire and to acquire, in the name
of the commission or of the state, by purchase, lease,
lease-purchase or otherwise, real property or rights or easements
necessary or convenient for its corporate purposes and to
exercise the power of eminent domain to accomplish those
purposes;
(4) To acquire, hold and dispose of personal property for
its corporate purposes;
(5) To make bylaws for the management and regulation of its
affairs;
(6) With the consent of the attorney general of the state of
West Virginia, to use the facilities of his or her office,
assistants and employees in all legal matters relating to or
pertaining to the commission;
(7) To appoint officers, agents and employees, and fix their
compensation;
(8) To make contracts, and to execute all instruments
necessary or convenient to effectuate the intent of, and to
exercise the powers granted to it by this article;
(9) To renegotiate all contracts entered into by it
whenever, due to a change in situation, it appears to the
commission that its interests will be best served;
(10) To construct a building or buildings on real property,
which it may acquire, or which may be owned by the state of West
Virginia, in the city of Charleston, as convenient as may be to
the capitol building, together with incidental approaches,
structures and facilities, subject to the consent and approval of
the city of Charleston in any case as may be necessary; and, in
addition, to acquire or construct a warehouse, including office
space in the warehouse, in Kanawha County for the West Virginia alcohol beverage control commissioner, and equip and furnish the
office space; and to acquire or construct, through lease,
purchase, lease-purchase or bond financing, hospitals or other
facilities, buildings, or additions or renovations to buildings
as may be necessary for the safety and care of patients, inmates
and guests at facilities under the jurisdiction of and
supervision of the division of health and at institutions under
the jurisdiction of the division of corrections or the regional
jail and correctional facilities authority; and to formulate and
program plans for the orderly and timely capital improvement of
all of the hospitals and institutions and the state capitol
buildings; and to construct a building or buildings in Kanawha
County to be used as a general headquarters by the division of
public safety West Virginia state police to accommodate that
division's the state police's executive staff, clerical offices,
technical services, supply facilities and dormitory
accommodations; and to develop, improve and expand state parks
and recreational facilities to be operated by the division of
natural resources; and to acquire or construct, through lease,
purchase, lease-purchase or bond financing, buildings, or
additions or renovations to buildings as may be necessary for the
establishment of state veterans' nursing homes under the
jurisdiction of the division of veterans' affairs; and to
establish one or more systems or complexes of buildings and projects under control of the commission; and, subject to prior
agreements with holders of bonds previously issued, to change the
systems, complexes of buildings and projects from time to time,
in order to facilitate the issuance and sale of bonds of
different series on a parity with each other or having such
priorities between series as the commission may determine; and to
acquire by purchase, eminent domain or otherwise all real
property or interests in the real property necessary or
convenient to accomplish the purposes of this subdivision. The
rights and powers set forth in this subdivision shall not be
construed as in derogation of any rights and powers now vested in
the West Virginia alcohol beverage control commissioner, the
department of health and human resources, the division of
corrections or the division of natural resources;
(11) To maintain, construct and operate a project authorized
under this article;
(12) To charge rentals for the use of all or any part of a
project or buildings at any time financed, constructed, acquired
or improved, in whole or in part, with the proceeds of sale of
bonds issued pursuant to this article, subject to and in
accordance with such agreements with bondholders as may be made
as provided in this article: Provided, That on and after the
effective date of the amendments to this section, to charge
rentals for the use of all or any part of a project or buildings at any time financed, constructed, acquired, maintained or
improved, in whole or in part, with the proceeds of sale of bonds
issued pursuant to this article, subject to and in accordance
with such agreements with bondholders as may be made as in this
section provided, or with any funds available to the state
building commission, including, but not limited to, all buildings
and property owned by the state of West Virginia or by the state
building commission, but no rentals shall be charged to the
governor, attorney general, secretary of state, state auditor,
state treasurer, the Legislature and the members of the
Legislature, the supreme court of appeals, nor for their offices,
agencies, official functions and duties;
(13) To issue negotiable bonds and to provide for the rights
of the holders of the negotiable bonds;
(14) To accept and expend any gift, grant or contribution of
money to, or for the benefit of, the commission, from the state
of West Virginia or any other source for any or all of the
purposes specified in this article or for any one or more of such
purposes as may be specified in connection with the gift, grant
or contribution;
(15) To enter on any lands and premises for the purpose of
making surveys, soundings and examinations;
(16) To invest in United States government obligations, on
a short-term basis, any surplus funds which the commission may have on hand pending the completion of any project or projects;
(17) To issue revenue bonds in accordance with the
applicable provisions of this article for the purposes set forth
in section eleven-a of this article; and
(18) To do all things necessary or convenient to carry out
the powers given in this article.
CHAPTER 9A. VETERANS' AFFAIRS.
ARTICLE 2A. ESTABLISHMENT OF A STATE VETERANS' HOME.
§9A-2A-1. Purpose.
The Legislature has determined that the establishment of one
or more state veterans' nursing homes is in the best interest of
the veterans of West Virginia and necessary to the well-being of
our elderly and disabled veterans. Therefore, it is the purpose
of this article to authorize the establishment of state veterans'
nursing homes, to promote the construction or renovation of such
homes, and to assign administrative responsibility for the
planning and operation of such homes.
§9A-2A-2. Veterans' nursing homes authorized under jurisdiction
of division of veterans' affairs; rules; funding.
(a) Subject to the acquisition of funds as provided by this
article, there may be established and maintained in West Virginia
one or more state veterans' nursing homes to provide long-term
care to veterans who are residents of West Virginia.
(b) The West Virginia division of veterans' affairs shall have jurisdiction over any state veterans' nursing homes
established in this state.
(c) The division of veterans' affairs may propose
administrative rules for legislative approval in accordance with
the provisions of article three, chapter twenty-nine-a of this
code to operate state veterans' nursing homes in compliance with
applicable state and federal statutes and rules.
(d) The division of veterans' affairs may seek federal and
private funding for the construction or renovation, and operation
of the state veterans' nursing homes.
§9A-2A-3. Authorization to apply for issuance of revenue bonds;
other financial arrangements.
In order to finance the cost of the construction or
renovation of any state veterans' nursing home and all proper
costs necessary or incidental thereto, the division of veterans'
affairs is hereby authorized to apply to the state building
commission for the issuance of revenue bonds, and enter into any
leases or other financing agreements with respect to state
veterans' nursing homes which are necessary to provide revenues
to amortize and secure the revenue bonds.
§9A-2A-4. Exemption from certificate of need; coordination with
regulatory requirements.
(a) Any state veterans' nursing home established pursuant
to this article is not required to obtain a certificate of need pursuant to the requirements of article two-d, chapter sixteen of
this code.
(b) Any state veterans' nursing home established pursuant
to this article shall be subject to the provisions of article
five-c, chapter sixteen of this code: Provided, That any
requirement of said article regarding certificate of need
approval shall not apply to any state veterans' nursing home.
CHAPTER 16. PUBLIC HEALTH
ARTICLE 2D. CERTIFICATE OF NEED
§16-2D-4. Exemptions from certificate of need program.
(a) Except as provided in subsection (b), subdivision (9),
section three of this article, nothing in this article or the
rules adopted pursuant to the provisions of this article may be
construed to authorize the licensure, supervision, regulation or
control in any manner of the following:
(1) Private office practice of any one or more health
professionals licensed to practice in this state pursuant to the
provisions of chapter thirty of this code: Provided, That such
exemption from review of private office practice shall not be
construed to include such practices where major medical equipment
otherwise subject to review under the provisions of this article
is acquired, offered or developed: Provided, however, That such
exemption from review of private office practice shall not be
construed to include the acquisition, offering or development of one or more health services, including ambulatory surgical
facilities or centers, lithotripsy, magnetic resonance imaging
and radiation therapy by one or more health professionals. The
state agency shall adopt rules pursuant to section eight of this
article which specify the health services acquired, offered or
developed by health professionals which are subject to
certificate of need review;
(2) Dispensaries and first-aid stations located within
business or industrial establishments maintained solely for the
use of employees: Provided, That such facility does not contain
inpatient or resident beds for patients or employees who
generally remain in the facility for more than twenty-four hours;
(3) Establishments, such as motels, hotels and
boardinghouses, which provide medical, nursing personnel and
health related services;
(4) The remedial care or treatment of residents or patients
in any home or institution conducted only for those who rely
solely upon treatment by prayer or spiritual means in accordance
with the creed or tenets of any recognized church or religious
denomination;
(5) The creation of new primary care services located in
communities that are underserved with respect to primary care
services: Provided, That to qualify for this exemption, an
applicant must be a community-based nonprofit organization with a community board that provides or will provide primary care
services to people without regard to ability to pay: Provided,
however, That the exemption from certificate of need review of
new primary care services provided by this subdivision shall not
include the acquisition, offering or development of major medical
equipment otherwise subject to review under the provisions of
this article or to include the acquisition, offering or
development of ambulatory surgical facilities, lithotripsy,
magnetic resonance imaging or radiation therapy. The office of
community and rural health services shall define which services
constitute primary care services for purposes of this
subdivision, and shall, to prevent duplication of primary care
services, determine whether a community is underserved with
respect to certain primary care services within the meaning of
this subdivision. Any organization planning to qualify for an
exemption pursuant to this subdivision shall submit to the state
agency a letter of intent describing the proposed new services
and area of service; and
(6) The creation of birthing centers by nonprofit primary
care centers that have a community board and provide primary care
services to people in their community without regard to ability
to pay, or by nonprofit hospitals with less than one hundred
licensed acute care beds: Provided, That to qualify for this
exemption, an applicant shall be located in an area that is underserved with respect to low-risk obstetrical services:
Provided, however, That if a primary care center attempting to
qualify for this exemption is located in the same county as a
hospital that is also eligible for this exemption, or if a
hospital attempting to qualify for this exemption is located in
the same county as a primary care center that is also eligible
for this exemption, then at least one primary care center and at
least one hospital from said county shall collaborate for the
provision of services at a birthing center in order to qualify
for this exemption: Provided further, That for purposes of this
subsection, a "birthing center" is a short-stay ambulatory health
care facility designed for low-risk births following normal
uncomplicated pregnancy. Any primary care center or hospital
planning to qualify for an exemption pursuant to this subdivision
shall submit to the state agency a letter of intent describing
the proposed birthing center and area of service.
(b) (1) A health care facility is not required to obtain a
certificate of need for the acquisition of major medical
equipment to be used solely for research, the addition of health
services to be offered solely for research, or the obligation of
a capital expenditure to be made solely for research if the
health care facility provides the notice required in subdivision
(2) of this subsection, and the state agency does not find,
within sixty days after it receives such notice, that the acquisition, offering or obligation will, or will have the effect
to:
(A) Affect the charges of the facility for the provision of
medical or other patient care services other than the services
which are included in the research;
(B) Result in a substantial change to the bed capacity of
the facility; or
(C) Result in a substantial change to the health services of
the facility.
(2) Before a health care facility acquires major medical
equipment to be used solely for research, offers a health service
solely for research or obligates a capital expenditure solely for
research, such health care facility shall notify in writing the
state agency of such facility's intent and the use to be made of
such medical equipment, health service or capital expenditure.
(3) If major medical equipment is acquired, a health service
is offered or a capital expenditure is obligated and a
certificate of need is not required for such acquisition,
offering or obligation as provided in subdivision (1) of this
subsection, such equipment or service or equipment or facilities
acquired through the obligation of such capital expenditure may
not be used in such a manner as to have the effect or to make a
change described in paragraphs (A), (B) and (C) of said
subdivision unless the state agency issues a certificate of need approving such use.
(4) For purposes of this subsection, the term "solely for
research" includes patient care provided on an occasional and
irregular basis and not as part of a research program.
(c) (1) The state agency may adopt rules pursuant to section
eight of this article to specify the circumstances under which a
certificate of need may not be required for the obligation of a
capital expenditure to acquire, either by purchase or under lease
or comparable arrangement, an existing health care facility:
Provided, That a certificate of need is required for the
obligation of a capital expenditure to acquire, either by
purchase or under lease or comparable arrangement, an existing
health care facility if:
(A) The notice required by subdivision (2) of this
subsection is not filed in accordance with that subdivision with
respect to such acquisition; or
(B) The state agency finds, within thirty days after the
date it receives a notice in accordance with subdivision (2) of
this subsection, with respect to such acquisition, that the
services or bed capacity of the facility will be changed by
reason of said acquisition.
(2) Before any person enters into a contractual arrangement
to acquire an existing health care facility, such person shall
notify the state agency of his or her intent to acquire the facility and of the services to be offered in the facility and
its bed capacity. Such notice shall be made in writing and shall
be made at least thirty days before contractual arrangements are
entered into to acquire the facility with respect to which the
notice is given. The notice shall contain all information the
state agency requires.
(d) The state agency shall adopt rules pursuant to section
eight of this article to specify the circumstances under which
and the procedures by which a certificate of need may not be
required for shared services between two or more acute care
facilities providing services made available through existing
technology that can reasonably be mobile. The state agency shall
specify the types of items in the rules and under what
circumstances mobile MRI and mobile lithotripsy may be so
exempted from review. In no case, however, will mobile cardiac
catheterization be exempted from certificate of need review. In
addition, if the shared services mobile unit proves less cost
effective than a fixed unit, the acute care facility will not be
exempted from certificate of need review.
On a yearly basis, the state agency shall review existing
technologies to determine if other shared services should be
included under this exemption.
(e) A certificate of need is not required for the
construction, renovation, maintenance or operation of a state veterans' nursing home established pursuant to the provisions of
article two-a, chapter nine-a of this code.
NOTE: The purpose of this bill is to authorize and promote
the establishment of one or more state veterans' nursing homes.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§9A-2A is new; therefore, strike-throughs and underscoring
have been omitted.