W. Va. Code R. § 65-16-3 - Exemption Criteria

3.1. Any acute care facility otherwise subject to the certificate of need program may obtain an exemption from certificate of need review for shared services between two (2) or more acute care facilities. The shared services must be those provided by major medical equipment and through existing technology can reasonably be made mobile. The major medical equipment which is eligible for this exemption is magnetic reasonance imaging (MRI) devices, lithotripters and computerized tomography (CT) scanners. On an annual basis the board shall review existing technologies to determine if other major medical equipment should be included in this exemption. Qualification for an exemption under this rule does not constitute a waiver or exemption from certificate of need review for the offering of magnetic reasonance imaging, lithotripsy or CT services by the acute care facility if these services are provided by major medical equipment which is not mobile and is not shared with another acute care facility.

3.2. To qualify as a "shared service," the equipment must be on site at each acute care facility at least four (4) days per month. This requirement may be waived by the board if three (3) or more acute care facilities share the equipment.

3.3. This exemption is limited to one piece of major medical equipment per shared service. An acute care facility may obtain only one exemption for each shared service permitted under this rule.

3.4. This exemption is not available if the shared services mobile unit is less cost effective than a fixed unit. The board shall determine cost effectiveness based upon patient charges.

3.5. This exemption is not available if any non-acute care facility or entity will utilize the major medical equipment for the provision of health services to that facility's or entity's patients. The equipment may be owned by a non-acute care facility or entity, which in turn contracts, leases, or rents it exclusively for use by acute care facilities.

Notes

W. Va. Code R. § 65-16-3