WV Legislature: The First Shock Wave

In non-mediation news, one of the first bills which has passed both houses of the West Virginia Legislature and is awaiting action by the Governor deals with the Certificate of Need process in West Virginia (Senate Bill 321).  Although not directly related to mediation or the courts, I glanced at the bill because of my general interest in health care and found something kind of interesting:  shock waves are now open for business!

While the Legislature has delegated to the Health Care Authority the duty to specify by rule those health services subject to certificate of need review, the Legislature specifically provides in this bill that lithotripsy services (a medical procedure that uses shock waves to break up stones in the kidney, bladder, ureters or gallbladder)  are not subject to certificate of need review. 

The bill is officially described as follows:
A BILL to amend and reenact §16-2D-2, §16-2D-3, §16-2D-4, §16-2D-5 and §16-2D-7 of the Code of West Virginia, 1931, as amended, all relating generally to the certificate of need process; eliminating certain services of certificate of need review; defining terms; raising the expenditure minimum amount for a capital expenditure and major medical equipment threshold; eliminating archaic language; providing for legislative rule- making authority; setting forth standards for when certain ambulatory health care facilities are not subject to certificate of review; providing that electronic health records are not subject to certificate of review; providing that nonhealth-related projects are subject to certificate of review; and modifying the fee structure for certificate of review by setting forth a capitated amount for certificate of need fees. 

While I will look to my health care and business blogging friends to provide more in-depth commentary about the many other significant changes in this bill, I thought the lithotripsy services lobby should be recognized.  Look out for the rest of the shock waves certain to come from the West Virginia Legislature. As they do, I will provide more comments about legislation impacting West Virginia’s courts and litigants.  

In the meanwhile, to hire me as a mediator, or just to learn more about my mediation practice areas, click here “Mediating with Keith Jones.”

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