WVHCA: Proposed CON Standards for Megavoltage Radiation Therapy Services/Units

The West Virginia Health Care Authority has issued a Notice of Public Comment Period on a new Proposed Certificate of Need Standard for Megavoltage Radiation Therapy Services/Unit.


Written comments on the proposed Certificate of Need Standard must be filed with the Authority on or before July 30, 2010. Written comments should be directed to Timothy E. Adkins, Director of Certificate of Need Division.

WVHCA: Proposed Amendment to West Virginia CON Law Defintion of "Private Office Practice"

On June 15, 2010, the West Virginia Health Care Authority filed a Notice of a Comment Period on a Proposed Rule with the West Virginia Secretary of State amending West Virginia CSR 65-7, Certificate of Need Rule.


According to the Summary and Statement of Circumstances filed with the Proposed Rule the "amendment clarifies the definition of "private office practice" for purposes of administering the Certificate of Need Program. Those entities meeting this criteria may be eligible for an exemption from Certificate of Need review pursuant to West Virginia Code 16-2D-R(a)."


Written comments on the Proposed Rule are due on or before July 16, 2010.

WVHCA: 2010 CON Capital Expenditure Minimum

The West Virginia Health Care Authority announced that the capital expenditure minimum for calendar year 2010 is $2,767,500.

The capital expenditure minimum is typically used by the Authority when reviewing whether or not certain health relate projects require certificate of need review.

The Authority provided the following announcement via its website:

Pursuant to West Virginia Code §§ 16-2D-2(h) and (s), the Authority is required to adjust the expenditure minimum annually and publish an update of the amount on or before December 31 of each year. The expenditure minimum adjustment shall be based on the DRI inflation index published in the Global Insight DRI/WEFA Health Care Cost Review. The DRI inflation index as of December 31, 2009 is 2.5%.

The capital expenditure minimum for calendar year 2010 is $2,767,500.

West Virginia Health Care Authority Revises Fee Schedule for Certificate of Need Program

On July 15, 2009, the West Virginia Health Care Authority filed with the West Virginia Secretary of State proposed amendments to the its procedural rule regarding the schedule of fees for the filing of certificate of need applications and exemption requests under the West Virginia Certificate of Need Program.

The amendment revises the fee schedule pursuant to Senate Bill 321 passed during the 2009 Legislative Session. The amendment required the fee schedule contain a maximum amount or cap for certificate of need application fees.

The proposed rule, Fee Schedule for Certificate of Need Matters, CSR 65-10 (redline version showing amendments) has been filed with the West Virginia Secretary of State. Written comments to the proposed rule may be submitted to the Authority before August 14, 2009 at 5:00 p.m.

Proposed Certificate of Need Rule: Hospital Ambulatory Health Care Facility

On June 8, 2009, the West Virginia Health Care Authority filed a proposed legislative rule with the Secretary of State and Legislative Rule-Making Review Committee titled Hospital Ambulatory Health Care Facilities. CSR 65-27. The official notice can be found in the June 12, 2009 issue of the West Virginia Register.

The proposed rule impacts the procedure used by West Virginia hospitals to obtain approval prior to developing an ambulatory health care facility. The proposed legislative rule establishes the circumstances and procedures by which a certificate of need may not be required for the construction, development, acquisition or other establishment by a hospital of an ambulatory health care facility. The proposed rule sets out exemption criteria and the exemption procedure.

The Authority established a comment period for interested parties to submit comments concerning the  proposed rule. Written comments must be submitted to the Authority before July 8, 2009 at 5:00 p.m.

2009 Legislative Changes to WV Certificate of Need Law

On April 9, 2009, the West Virginia Legislature sent Senate Bill 321 to Governor Manchin for signature (see strikethru/underline Committee Substitute version). Senate Bill 321 makes substantive changes to the current certificate of need law in West Virginia overseen by the West Virginia Health Care Authority.

The certificate of need law requires health care providers, including hospital, physicians, long term care facilities, hospice providers, home health agencies and other health care providers to first seek approval prior to expanding health services, incurring capital expenditures above a particular threshold, purchasing certain medical equipment and developing or acquiring new health facilities or services.

Below is a summary of the major changes to the law that will go into effect 90 days from passage on April 3, 2009:

• The bill raises the capital expenditure threshold and major medical equipment threshold from $2,000,000 to $2,700,000.
• Eliminates lithotripsy from certificate of review.
  
• Amends the fee structure of the Health Care Authority for certificate of need reviews.
• Provides that in specified instances nonhealth-related projects are not subject to certificate of need review.
  
• Provides that in specified instances certain ambulatory health care facilities are not subject to certificate of review.
• Eliminates from certificate of review acquisition of any health care facility outside of West Virginia by a West Virginia health care facility.