§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 is 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 if:

 (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 by July 1, 2016.

 (b) The establishment of a nursing home and nursing beds under this section requires a certificate of need and is subject to all certificate of need laws and rules.