W. Va. Code R. § 64-27-4 - [Effective 7/1/2025] Powers of Designation and Categorization

4.1. The Department through OEMS has the power to designate healthcare facilities in the state that meet the criteria set forth in this rule. The Secretary shall provide a designation in writing to the health care facility upon determination that the standards and criteria for that designation have been met. Facilities designated as trauma centers shall enjoy all of the rights and privileges provided by the West Virginia Code and this rule including limits of liability pursuant to W. Va. Code § 55-7B-9c.

4.2. An institution, health care facility, unit, center, or hospital shall not represent itself as a trauma center, unit, or facility until a designation level is assigned by the Secretary. Any public advertisement or claim of trauma care capability by a facility prior to receiving the appropriate designation may result in the initiation of civil proceedings against the institution or facility.

4.3. Any institution, health care facility, unit, center, or hospital that received designation as a trauma center from the Secretary is exempt from the antitrust laws of-this state pertaining to antitrust actions brought as a result of the designation by an individual, individuals, corporation, partnership, other health care institution, or governmental agency.

Notes

W. Va. Code R. § 64-27-4