(a) Notwithstanding any provision of law to the contrary and any rule issued by the state agency, a nonprofit community group designated by a county commission shall be exempt from the existing moratorium on nursing home beds established in subsection (g), section five of this article, in order to develop and operate a nursing home bed facility in any county in West Virginia that currently is without a nursing home provided that:
(1) The nursing bed facility will be located in the county of that county commission;
(2) The nursing bed facility will be operated on real property owned by the nonprofit community health care organization and designated by the county commission;
(3) The nursing bed facility will exist in a county which has been continuously without nursing home beds since prior to the nursing home bed moratorium was enacted;
(4) The nonprofit community group develops and operates no more than thirty-six nursing home beds pursuant to this section; and
(5) The nonprofit community group applies for a license to operate the nursing home within twenty-four months after the effective date of this section.
(b) The establishment of a nursing home and nursing beds under this section shall be required to apply for a certificate of need and shall be subject to all certificate of need laws and rules. Note: WV Code updated with legislation passed through the 2012 1st Special Session