Bill-HCA CON
H. B. 4249
(By Delegates Hunt, Linch, Compton,
Jenkins, Faircloth and Riggs)
[Introduced January 28, 2000; referred to the
Committee on
Government Organization then
the Judiciary.]
A BILL to amend and reenact section one, article five,
chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating
to authorizing the health care authority to promulgate
a legislative rule relating to certificates of need.
Be it enacted by the Legislature of West Virginia:
That section one, article five, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, to read
as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND
HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-5-1. Health care authority.
(a) The legislative rule filed in the state register
on the eighteenth day of December, one thousand nine
hundred ninety-eight, under the authority of sections eight
and twenty, article twenty-nine-b, chapter sixteen of this
code, modified by the health care authority to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the twenty-second day
of January, one thousand nine hundred ninety-nine, relating
to the health care authority (bench-marking and discount
contracts, 65 CSR 26), is authorized, with the amendment
set forth below:
On page 11, subsection 23.4.c after the word
"Authority" by striking out the comma and the words "minus
depreciation and interest".
(b) The legislative rule filed in the state register
on the sixth day of August, one thousand nine hundred
ninety-nine, authorized under the authority of section
four, article two-d, chapter sixteen, of this code,
modified by the health care authority to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the twenty-third day
of September, one thousand nine hundred ninety-nine,
relating to the health care authority (certificate of need
, 65 CSR 7), is authorized.
NOTE: The purpose of this bill is to authorize the
Health Care Authority to promulgate a legislative rule
relating to Certificates of Need
.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.