H. B. 4504(By Delegates Border, Anderson, Ellem, Perdue,
Boggs, D. Poling, Azinger and Staggers)
[Passed March 9, 2012; in effect ninety days from passage.]
AAN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2D-5c, relating to development and operation of a nursing home by a nonprofit community health care organization designated by a county commission; creating an exemption from the current moratorium on nursing home beds; establishing the prerequisite requirements for the exemption; and mandating conformance to current certificate of need requirements.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §16-2D-5c, to read as
ARTICLE 2D. CERTIFICATE OF NEED.
§16-2D-5c. Exception permitting development and operation of certain nursing beds by a nonprofit community health care organization.
(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.