H. B. 4579
(By Delegates Compton and Leach)
(Originating in the House Committee on
Health and Human Resources)
[February 17, 2000]
A BILL to amend article five, chapter nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
nineteen, relating to exempting certain behavioral health
facilities and services from certificate of need review.
Be it enacted by the Legislature of West Virginia:
That article five, chapter nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section designated section
nineteen, to read as follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-19. Summary review for certain behavioral health
facilities and services.
(a) A certificate of need as provided for in article two-d,
chapter sixteen of this code is not required by an entity
proposing behavioral health care facilities or behavioral health care services if a summary review is performed in accordance with
the provisions of this section.
(b) A summary review of proposed behavioral health care
facilities or behavioral health care services is initiated when
the proposal is recommended to the health care authority by the
secretary of the department of health and human resources and the
secretary has made the following findings:
(1 That the proposed facility or service is consistent with
the state health plan;
(2) That the proposed facility or service is consistent with
the department's programmatic and fiscal plan for behavioral
(3) That the proposed facility or service contributes to
providing services that prevent admission to restrictive
environments or enable an individual to remain in a non-
(4) That the proposed facility or service contributes to
reducing the number of individuals admitted to inpatient or
residential treatment programs or services; and
(5) If applicable, that the proposed services will be
community-based, locally accessible, provided in an appropriate
setting consistent with the unique needs and potential of each
client and his or her family, and located in an area that is
unserved or underserved or does not allow consumers a choice of
(c) The secretary's findings required by subdivision (b) of
this section shall be filed with the secretary's recommendation
and appropriate documentation. If the secretary's findings are
supported by the accompanying documentation, the proposal shall
not require a certificate of need.
(d) Any entity that does not qualify for summary review
shall be subject to certificate of need review.