HB 4971 — Relating to a closing hospital

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Red = new code to be enacted WEST virginia legislature regular session OriginatingENGROSSED House Bill 4971 By Delegates Howell, C.

(b)(9) (1)The Ifacquisition of a financiallyhospital distressedthat hospital,has asannounced provideits inclosure, §16-2D-10(a)(6),or isintention purchased,to theclose, purchasedand financiallyhas distressedfiled hospital within it existing campus is not subject to the requirementsrequired ornotice restrictions of thisclosure articlewith forthe aWest periodVirginia aOffice 5 years from the date of purchaser,Health exceptFacility forLicensure the& prohibitionsCertification. provided in §16-2D-9.

(2)(A) IfA aperson financiallyacquiring distressed hospital closes and a subsequent purchase does not occur 3 months from the date of closure, the health care services provided by that financially distressed hospital arepursuant no longer subject to the§16-2D-10(a)(9) requirementsmay: and restrictions of this article and may be provided in the county in which the financially distressed hospital located.

(i) Renovate the acquired hospital to create a community outpatient medical center;

(ii) Construct, develop, or establish a community outpatient medical center to be located in the same county as the acquired hospital:

Provided, That if a person decides to utilize this provision, any certificate of need associated with the acquired hospital shall be revoked and any health services to be offered at the acquired hospital shall be subject to the provisions of this article, or;

(iii) Construct, develop, or establish a new hospital to be located within the same county and a six-mile radius of the acquired hospital’s current campus.  The bed capacity and services to be offered at the new hospital shall be limited to the current bed capacity and services, or reduced bed capacity and services, for which the closing, or closed, hospital maintains a valid certificate of need for on the date the required notice of closure is filed with the West Virginia Office of Health Facility Licensure & Certification:

Provided, That the person acquiring the hospital shall continue to maintain services and bed capacity offered by the acquired hospital until the newly constructed, developed, or established hospital is operational.

(B) For purposes of subparagraph §16-2D-10(a)(9)(A), the outpatient services to be offered at a community outpatient medical center shall be limited to the outpatient services for which the closing, or closed, hospital maintains a valid certificate of need for on the date the required notice of closure is filed with the West Virginia Office of Health Facility Licensure & Certification.

(C) For purposes of this subdivision, a community outpatient medical center shall not offer inpatient medical services and, at a minimum shall:

(i) Provide emergency medical care and observation care hours a day, seven days a week;

(ii) Treat all patients regardless of insurance status;

and (iii) Have protocols in place for the timely transfer of patients who require a higher level of care.