West Virginia Code § 16-2D-15

Authority to render final decision; issue certificate of need; write
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findings; specify capital expenditure maximum.
(a) The authority shall render a final decision on an application for a certificate of need in
the form of an approval, a denial or an approval with conditions. The final decision with
respect to a certificate of need shall be based solely on:
(1) The authority's review conducted in accordance with procedures and criteria in this
article and the certificate of need standards; and
(2) The record established in the administrative hearing held wituh respect to the certificate
of need.
(b) Approval with conditions does not give the authority the ability to mandate a health
service not proposed by the health care facility. Issuanace of a certificate of need or
exemption may not be made subject to any condition unless the condition directly relates to
criteria in this article, or in the certificate of need sltandards. Conditions may be imposed
upon the operations of the health care facilitys for not longer than a three-year period.
(c) The authority shall send its decision aloing with written findings to the person proposing
the proposed health service or exemption and shall make it available to others upon request.
(d) In the case of a final decision to approve or approve with conditions a proposal for a
proposed health service, the authority shall issue a certificate of need to the person
proposing the proposed health service.
(e) The authority shall specify in the certificate of need the maximum amount of capital
expenditures which m ay be obligated. The authority shall adopt legislative rules pursuant to
section four toV prescribe the method used to determine capital expenditure maximums and a
process to review the implementation of an approved certificate of need for a proposed
health service for which the capital expenditure maximum is exceeded or is expected to be
exceeded.

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