W. Va. Code R. § 65-27-3

Current through Register Vol. XLI, No. 43, October 25, 2024
Section 65-27-3 - Exemption Criteria
3.1. 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 under the following circumstances:
3.1.1. The ambulatory health care facility is located in the same county as the hospital;
3.1.2. Five or less physicians are employed and are licensed to practice in West Virginia pursuant to W. Va. Code § 30-3-1 et seq. or § 30-14-1 et seq.;
3.1.3. The total capital expenditure does not exceed the expenditure minimum set forth in section two of the Act; and
3.1.4. The construction, development, acquisition or other establishment of the ambulatory health care facility is not opposed by an affected person after substantive public notice has been given by the Health Care Authority, pursuant to W. Va. Code § 59-3-1 et seq.

W. Va. Code R. § 65-27-3