W. Va. Code R. § 65-7-21 - Substantial Changes to Project After Issuance of Certificate of Need

21.1. In determining whether changes proposed to an approved project for which a certificate of need or exemption has been issued are substantial, the board shall consider the following as prima facie evidence of a substantial change.

21.1.a. A change in the location of the approved project which reduces the accessibility of patients who otherwise have no alternative to the services reasonably available or the change in location would adversely affect or impact an existing health care facility;

21.1.b. A change in the service area of the approved project;

21.1.c. A change in the location of the approved project to a county that was not significantly impacted by the proposal when it was originally approved;

21.1.d. An addition in the number of beds or a change in the types of beds;

21.1.e. The acquisition of major medical equipment not described in the application as part of the project or a capital expenditure for major medical equipment in excess of ten percent (10%) over the approved capital expenditure for medical equipment;

21.1.f. The addition of health services;

21.1.g. An increase or decrease in square footage in excess of 10% of the originally approved footage or 1,000 square feet, whichever is greater; and

21.1.h. An unapproved capital expenditure, or an increase in the approved capital expenditure which is in excess of the expenditure minimum or in excess of 20% of the originally approved capital expenditure, whichever is less.

21.2. An applicant shall not make a proposed substantial change to a previously approved project until the board has made a determination of the need for review. The board shall issue its decision on whether a new certificate of need review is required. The board shall issue its decision within fifteen (15) days of its receipt of the request from the applicant or, if additional information is requested by the board, within fifteen (15) days of its receipt of the additional information.

21.3. Any failure to inform the board of a proposed substantial change to a previously approved project may result in the board withdrawing the certificate of need.

Notes

W. Va. Code R. § 65-7-21