Frequently Asked Questions
What is the first step in obtaining a Certificate of Need?
The first step in obtaining a Certificate of Need is to file a Letter of Intent. Any person proposing a new health service shall file with the Authority a Letter of Intent 10 days before the submission of an application. A CON application
must be filed 10 days after the Letter of Intent. The Letter of Intent shall contain sufficient information to advise the board of the nature, scope, cost and timing of the project, as well as the location and name of the proposed applicant. See
W. Va. C.S.R. § 65-32-8.
What is a request for a determination of reviewability?
Basically, this is a question posed to the Board asking if a particular proposal is subject to Certificate of Need review. The request must be accompanied by a nonrefundable $100 fee. See
W. Va. C.S.R. §65-32-18.
What is the current expenditure minimum?
As set forth in
W. Va. Code §16-2D-2(15), the current expenditure minimum is $5,100,000 dollars and includes the cost of acquisition, improvement, expansion of any facility, equipment, or services including the cost of any studies, surveys, designs, plans, working drawings, specifications and other activities, including staff effort and consulting.
How do I obtain a copy of the CON Law and Regulations?
Contact the Secretary of State’s Office, Administrative Law Division by calling (304) 558-6000 and requesting the most recent CON law and regulations. You may also access the Secretary of State’s web site:
www.sos.wv.gov/Administrative-law.
How do I obtain a listing of existing health care facilities?
You can obtain a listing of health care facilities operating within the State of West Virginia on the Office of Health Facility Licensure and Certification website,
www.ohflac.wv.gov, under Health Care Facilities.
How do I become an affected/interest party to a project?
To request affected/interested party status, send a written request to the Authority, to the attention of Timothy Adkins, Director, Certificate of Need, West Virginia Health Care Authority, 100 Dee Drive, Charleston, WV 25311. Identify the project name and CON File Number in the request. The definition of an affected party can be found at
W. Va. Code §16-2D-2(1).
How do I request a copy or view a case file?
Send a written request or fax to the Authority requesting a copy or to view a particular case file. Include the project name and CON File number. When requesting a copy of the case file indicate if you want to pick up the file or if you want it mailed to you. When requesting to view a case file, provide a telephone number where you can be reached to inform you when the file will be ready for viewing. There may be processing and copying fees attached to this request.
Can the Authority grant a CON for a nursing home or an intermediate care facility for individuals with an intellectual disability (ICF/IID)?
No. The Authority may not issue a CON for the development of new intermediate care or skilled nursing beds as well as the further development of ICF/IID beds. See
W. Va. Code §16-2D-9.
What population projections does the Authority use?
The Authority uses population projections prepared by the Regional Research Institute at West Virginia University. The U.S. census is the basis for the population projections. The Authority uses the population projections based on the short-term in-out migration averages. The projections are available at:
www.be.wvu.edu/bber.
What are the guidelines for the testimony of witnesses from the public during a CON hearing?
According to HCA Policy Statement dated April 11, 2012: In order to ensure an orderly public hearing, all witnesses from the public shall register in person during the first day of the hearing. If a witness fails to register during the first day of the hearing, the witness will not be allowed to testify during the hearing. If multiple witnesses are present on behalf of one party, the group can elect up to three representatives. The representative's comment will be limited to five minutes each up to a maximum of 15 minutes. Individual comments will be limited to five minutes each. Further, a witness in the hearing that has provided testimony shall not testify as a witness from the public in the same hearing.
Can the Authority process applications for Summary Review?
Based upon the change in the CON law, the Authority can no longer process applications for summary review.
The Authority previously processed applications related to children’s behavioral health services and intellectual developmental disabilities services through a summary review process pursuant to W.Va. Code § 9-5-19 and W. Va. Code § 49-2-124.
House Bill 4365, effective June 10, 2016 (W. Va. Code § 16-2D-1 et seq.), as amended by the Legislature, conflicts with the summary review provisions cited above. Pursuant to W.Va. Code § 16-2D-8(17), providing intellectual developmental disabilities services requires a Certificate of Need (CON). Furthermore, W.Va. Code § 16-2D-11(c)(8), creates an exemption from CON review for a behavioral health service selected by the Department of Health and Human Resources in response to its request for application for services intended to return children currently placed in out-of-state facilities to the state or to prevent placement of children in out-of-state facilities. In addition, the provision of behavioral health facilities and services are also eligible for an exemption from CON review pursuant to W.Va. Code § 16-2D-11(c)(21).
PLEASE NOTE that exemptions require the filing of an exemption application accompanied by a nonrefundable $1,000 filing fee, as set forth in W.Va. C.S.R. § 65-29-1 et seq.