West Virginia Code
Article 2D. Certificate of Need
§16-2D-4. Rulemaking

(a) The authority shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the following:
(1) Information a person shall provide when applying for a certificate of need;
(2) Information a person shall provide when applying for an exemption;
(3) Process for the issuance of grants and loans to financially vulnerable health care facilities located in underserved areas;
(4) Information a person shall provide in a letter of intent;
(5) Process for an expedited certificate of need;
(6) Determine medically underserved population. The authority may consider unusual local conditions that are a barrier to accessibility or availability of health services. The authority may consider when making its determination of a medically underserved population designated by the federal Secretary of Health and Human Services under Section 330(b)(3) of the Public Health Service Act, as amended, Title 42 U.S.C. §254;
(7) Process to review an approved certificate of need; and
(8) Process to review approved proposed health services for which the expenditure maximum is exceeded or is expected to be exceeded.
(b) All of the authority’s rules in effect and not in conflict with the provisions of this article, shall remain in effect until they are amended or rescinded.

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