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. 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. §65-7-11.3.

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.  See W. Va. C.S.R. §65-7-25.

What is the current expenditure minimum?
As set forth in W. Va. Code §16-2D-2(h), the current expenditure minimum is two million dollars and includes the cost of any studies, surveys, designs, plans, working drawings, specification and other activities, including staff effort and consulting and other services essential to the acquisition, improvement, expansion or replacement of any plant or equipment.

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: http://www.wvsos.com/csr/.

How do I obtain inventories of existing health care facilities?
You can obtain a complete inventory of all hospitals, nursing homes, behavioral health sites, primary care centers, ambulatory care centers, birthing centers, home health agencies, hospice agencies, and end stage renal dialysis facilities by accessing the Authority’s web site: Data and Public Information, Facilities Listing.

How do I become an affected/interested party to a project?
To request affected/interested party status, send a written request to the Authority, to the attention of Dayle Stepp, Director, Certificate of Need. 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(a).

How do I request a copy or to 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 the Mentally Retarded (ICF/MR)?
No. There is a moratorium on the development of new intermediate care or skilled nursing beds as well as the further development of ICF/MR beds. See W. Va. Code §16-2D-5(g) and (h).

What populations projections does the Agency use?
The West Virginia Health Care Authority uses population projections prepared by the Regional Research Institute at West Virginia University. The 2000 U.S. census is the basis for the 2000 population and future year projections. The Authority uses the population projections based on the short-term in-out migration averages. The data are available at: http://www.rri.wvu.edu/PopWeb/PAGES/FRONT3.htm