West Virginia Code § 16-29A-20

Certificate of need
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Before the authority makes a hospital loan to any hospital, and as a condition precedent to
the authority's making any such hospital loan, a certificate of need shall be obtained
pursuant to article two-d of this chapter, or a determination shall be secured from the
agency issuing the certificate of need that a certificate is not necessary for the hospital
facilities with respect to which the hospital loan is proposed to be made: Proevided, That if a
certificate of need is not necessary for a specific project or projects, then the health care
cost review authority created by section five, article twenty-nine-b of thris chapter must be
consulted by the authority concerning the availability of financial resources to both repay
the loan and to fund the ongoing operations of the project or projects. The opinion of the
health care cost review authority, while not determinative on the question of the issuance of
the hospital loan, shall be entitled to substantial weight befotre the authority and shall be
overcome only by clear and convincing evidence to the contrary. This section shall not apply
to refinancing of present indebtedness or to refunding or advance refunding of bonds, notes,
or for reimbursement of projects costs.

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