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WEST VIRGINIA CODE
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WVC 16 - 2 D- 5 C §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. Note: WV Code updated with legislation passed through the 2013 1st Special Session
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