2015 West Virginia Code
CHAPTER 16. PUBLIC HEALTH
ARTICLE 2D. CERTIFICATE OF NEED.
§16-2D-5c. Exception permitting development and operation of certain nursing beds by a nonprofit community health care organization.
(a) Notwithstanding any provision of law to the contrary and any rule issued by the state agency, a nonprofit community group designated by a county commission is exempt from the existing moratorium on nursing home beds established in subsection (g), section five of this article, in order to develop and operate a nursing home bed facility in any county in West Virginia that currently is without a nursing home if:
(1) The nursing bed facility will be located in the county of that county commission;
(2) The nursing bed facility will be operated on real property owned by the nonprofit community health care organization and designated by the county commission;
(3) The nursing bed facility will exist in a county which has been continuously without nursing home beds since prior to the nursing home bed moratorium was enacted;
(4) The nonprofit community group develops and operates no more than thirty-six nursing home beds pursuant to this section; and
(5) The nonprofit community group applies for a license to operate the nursing home by July 1, 2016.
(b) The establishment of a nursing home and nursing beds under this section requires a certificate of need and is subject to all certificate of need laws and rules.
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