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Committee Substitute House Bill 4504 History

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COMMITTEE SUBSTITUTE

for

H. B. 4504(By Delegates Border, Anderson, Ellem, Perdue,

              Boggs, D. Poling, Azinger and Staggers)

 

  (Originating in the Committee on the Judiciary)

[February 24, 2012]

 

A BILL 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 on the grounds of a nonprofit community health care organization; meeting certain restrictions and exempting them from nursing home moratorium.

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 follows:
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. 

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