Senate Bill No. 425

(By Senators Boley and Nohe)

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[Introduced January 25, 2012; referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.]

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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 exemptions from nursing home moratorium and 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 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 not be required to apply for or obtain a certificate of need, an exemption from certificate of need review, a determination of nonreviewability, or any other approval from the state agency 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 would exist in a county which has been continuously without nursing home beds since prior to the nursing home bed moratorium was enacted;

    (4) The county commission of such a county would grant the nonprofit community health organization no more than $75,000, funded by the state for the development of a strategic plan for long-term care of the counties residents;

    (5) The plan would:

    (A) Be completed within three months of passage of this legislation;

    (B) Receive input from relevant community stakeholders; and

    (C) Make recommendations to the county commission regarding:

    (i) Integration of transitional care, home based care, outpatient and community based senior services;

    (ii) Workforce development; and

    (iii) regulatory awareness.

    (6) The nonprofit community group develops and operates no more than thirty-six nursing home beds pursuant to this section; and

    (7) 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 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: The purpose of this bill is to authorize the development and operation of a nursing home on the grounds of nonprofit community health care organizations meeting certain restrictions and exemptions from nursing home moratorium and certificate of need requirements.

    This section is new; therefore, strike-throughs and underscoring have been omitted.