Bill Text: WV HB5160 | 2024 | Regular Session | Introduced
Bill Title: Prohibiting expanding drug and alcohol treatment facilities and services in certain counties
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-01-25 - To House Health and Human Resources [HB5160 Detail]
Download: West_Virginia-2024-HB5160-Introduced.html
WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced
House Bill 5160
By Delegates Pushkin, Hansen, Tully, and McGeehan
[Introduced January 25, 2024; Referred
to the Committee on Health and Human Resources ]
A BILL to amend and reenact §16-2D-9 of the Code of West Virginia, 1931, as amended, relating to certificates of need; prohibiting expanding drug and alcohol treatment facilities and services in certain counties.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2D. CERTIFICATE OF NEED
§16-2D-9. Health services that cannot be developed.
Notwithstanding §16-2D-8 and §16-2D-11 of this code, these health services require a certificate of need but the authority may not issue a certificate of need to:
(1) A health care facility adding intermediate care or skilled nursing beds to its current licensed bed complement, except as provided in §16-2D-11 of this code;
(2) A person developing, constructing, or replacing a skilled nursing facility except in the case of facilities designed to replace existing beds in existing facilities that may soon be deemed unsafe or facilities utilizing existing licensed beds from existing facilities which are designed to meet the changing health care delivery system;
(3) Add beds in an intermediate care facility for individuals with an intellectual disability, except that prohibition does not apply to an intermediate care facility for individuals with intellectual disabilities beds approved under the Kanawha County circuit court order of August 3, 1989, civil action number MISC-81-585 issued in the case of E.H. v. Matin, 168 W.V. 248, 284 S.E. 2d 232 (1981) including the 24 beds provided in §16-2D-8 of this code; and
(4) An opioid treatment program. and
(5) Add licensed substance abuse treatment beds in any county which already has greater than 250 licensed substance abuse treatment beds
NOTE: The purpose of this bill is to remove the prohibition of adding more licensed substance abuse treatment beds in counties who currently have more than 250 substance abuse treatment beds.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
