Bill Amendment: WV HB4607 | 2022 | Regular Session
Bill Title: To remove opioid treatment programs from requiring a certificate of need
Status: 2022-03-12 - Deferred until foot of 3rd reading [HB4607 Detail]
Download: West_Virginia-2022-HB4607-HB4607_HFA_SUMMERS_3-11_1.html
HB4607 HFA Summers 3-11 #1
CR 3338
Delegate Summers moved to amend the bill on page 2, section 8, line 42, by striking subdivision (1) in its entirety, and renumbering the remaining subdivisions;
And,
On page 5, after line 18 by inserting the following:
"§16-2D-11. Exemptions from Certificate of Need which require the submission of information to the authority.
(a) To obtain an exemption under this section a person shall:
(1) File an exemption application; and
(2) Provide a statement detailing which exemption applies and the circumstances justifying the exemption.
(b) Notwithstanding section eight and ten and except as provided in section nine of this article, the Legislature finds that a need exists and these health services are exempt from the certificate of need process:
(1) The acquisition and utilization of one computed tomography scanner with a purchase price up to $750,000 that is installed in a private office practice where at minimum seventy-five percent of the scans are performed on the patients of the practice. The private office practice shall obtain and maintain accreditation from the American College of Radiology prior to, and at all times during, the offering of this service. The authority may at any time request from the private office practice information relating to the number of patients who have been provided scans and proof of active and continuous accreditation from the American College of Radiology. If a physician owns or operates a private office practice in more than one location, this exemption shall only apply to the physician's primary place of business and if a physician wants to expand the offering of this service to include more than one computed topography scanner, he or she shall be required to obtain a certificate of need prior to expanding this service. All current certificates of need issued for computed tomography services, with a required percentage threshold of scans to be performed on patients of the practice in excess of seventy-five percent, shall be reduced to seventy-five percent: Provided, That these limitations on the exemption for a private office practice with more than one location shall not apply to a private office practice with more than twenty locations in the state on April 8, 2017.
(2) (A) A birthing center established by a nonprofit
primary care center that has a community board and provides primary care
services to people in their community without regard to ability to pay; or
(B) A birthing center established by a nonprofit
hospital with less than one hundred licensed acute care beds.
(i) To qualify for this exemption, an applicant shall
be located in an area that is underserved with respect to low-risk obstetrical
services; and
(ii) Provide a proposed health service area.
(3) (A) A health care facility acquiring major
medical equipment, adding health services or obligating a capital expenditure
to be used solely for research;
(B) To qualify for this exemption, the health care facility shall show that the acquisition, offering or obligation will not:
(i) Affect the charges of the facility for the provision of medical or other patient care services other than the services which are included in the research;
(ii) Result in a substantial change to the bed capacity of the facility; or
(iii) Result in a substantial change to the health services of the facility.
(C) For purposes of this subdivision, the term "solely for research" includes patient care provided on an occasional and irregular basis and not as part of a research program;
(4) (3) The obligation of a capital
expenditure to acquire, either by purchase, lease or comparable arrangement,
the real property, equipment or operations of a skilled nursing facility: Provided,
That a skilled nursing facility developed pursuant to subdivision (17) of this
section and subsequently acquired pursuant to this subdivision may not transfer
or sell any of the skilled nursing home beds of the acquired skilled nursing
facility until the skilled nursing facility has been in operation for at least
ten years.
(5) (4) Shared health services between two
or more hospitals licensed in West Virginia providing health services made
available through existing technology that can reasonably be mobile. This
exemption does not include providing mobile cardiac catheterization;
(6) (5) The acquisition, development or
establishment of a certified interoperable electronic health record or
electronic medical record system;
(7) (6) The addition of forensic beds in a
health care facility;
(8) (7) A behavioral health service selected
by the Department of Health and Human Resources in response to its request for
application for services intended to return children currently placed in
out-of-state facilities to the state or to prevent placement of children in
out-of-state facilities is not subject to a certificate of need;
(9) (8) The replacement of major medical
equipment with like equipment, only if the replacement major medical equipment
cost is more than the expenditure minimum;
(10) (9) Renovations within a hospital, only
if the renovation cost is more than the expenditure minimum. The renovations
may not expand the health care facility's current square footage, incur a
substantial change to the health services, or a substantial change to the bed
capacity;
(11) (10) Renovations to a skilled nursing
facility;
(12) (11) The donation of major medical
equipment to replace like equipment for which a certificate of need has been
issued and the replacement does not result in a substantial change to health
services. This exemption does not include the donation of major medical
equipment made to a health care facility by a related organization;
(13) (12) A person providing specialized
foster care personal care services to one individual and those services are
delivered in the provider's home;
(14) (13) A hospital converting the use of
beds except a hospital may not convert a bed to a skilled nursing home bed and
conversion of beds may not result in a substantial change to health services
provided by the hospital;
(15) (14) The construction, renovation,
maintenance or operation of a state owned veterans skilled nursing facilities
established pursuant to the provisions of article one-b of this chapter;
(16) (15) To develop and operate a skilled
nursing facility with no more than thirty-six beds in a county that currently
is without a skilled nursing facility;
(17) (16) A critical access hospital,
designated by the state as a critical access hospital, after meeting all
federal eligibility criteria, previously licensed as a hospital and
subsequently closed, if it reopens within ten years of its closure;
(18) (17) The establishing of a heath care
facility or offering of health services for children under one year of age
suffering from Neonatal Abstinence Syndrome;
(19) (18) The construction, development,
acquisition or other establishment of community mental health and intellectual
disability facility;
(20) (19) Providing behavioral health
facilities and services;
(21) (20) The construction, development,
acquisition or other establishment of kidney disease treatment centers,
including freestanding hemodialysis units but only to a medically underserved
population;
(22) (21) The transfer, purchase or sale of
intermediate care or skilled nursing beds from a skilled nursing facility or a
skilled nursing unit of an acute care hospital to a skilled nursing facility
providing intermediate care and skilled nursing services. The Department of
Health and Human Resources may not create a policy which limits the transfer,
purchase or sale of intermediate care or skilled nursing beds from a skilled
nursing facility or a skilled nursing unit of an acute care hospital. The
transferred beds shall retain the same certification status that existed at the
nursing home or hospital skilled nursing unit from which they were acquired.
If construction is required to place the transferred beds into the acquiring
nursing home, the acquiring nursing home has one year from the date of purchase
to commence construction;
(23) (22) The construction, development,
acquisition or other establishment by a health care facility of a nonhealth
related project, only if the nonhealth related project cost is more than the
expenditure minimum;
(24) (23) The construction, development,
acquisition or other establishment of an alcohol or drug treatment facility and
drug and alcohol treatment services unless the construction, development,
acquisition or other establishment is an opioid treatment facility or programs
as set forth in subdivision (4) of section nine of this article;
(25) (24) Assisted living facilities and
services;
(26) (25) The creation, construction,
acquisition or expansion of a community-based nonprofit organization with a
community board that provides or will provide primary care services to people
without regard to ability to pay and receives approval from the Health
Resources and Services Administration; and
(27) (26) The acquisition and utilization of
one computed tomography scanner and/or one magnetic resonance imaging scanner
with a purchase price of up to $750,000 by a hospital.
Adopted
Rejected
