(1) The critical access hospital is located in the county of such county commission;
(2) The critical access hospital is operated on real property owned by such county;
(3) The critical access hospital previously operated a long- term care unit on the grounds of the critical access hospital;
(4) The critical access hospital closed such long-term care unit between December 1, 2010 and February 28, 2011;
(5) The nonprofit community group develops and operates no more than thirty-six nursing home beds pursuant to this section; and
(6) The nonprofit community group applies for a license to operate the nursing home within six months after the effective date of this section.
(b) The establishment of a nursing home and nursing beds under this section shall be exempt from the nursing home bed moratorium pursuant to subsection (g), section five of this article.
(c) Any nursing home developed and operated pursuant to this section shall be subject to all certificate of need laws and rules as they pertain to any transactions subsequent to the development and commencement of operation of such nursing home. Note: WV Code updated with legislation passed through the 2012 1st Special Session