W. Va. Code » §16-2D-7. Determination of reviewability.
West Virginia Code

W. Va. Code § 16-2D-7 (2026)

Determination of reviewability

✓ current as of May 2026
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ARTICLE 2D. CERTIFICATE OF NEED.

§16-2D-7. Determination of reviewability.

A person may make a written request to the authority for it to determine whether a proposed health service is subject to the certificate of need or exemption process.  The authority may require that a person submit certain information in order to make this determination.  A person shall pay a $100 fee to the authority to obtain this determination.  A person is not required to obtain this determination before filing an application for a certificate of need or an exemption.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1985–2024 · leading case: Princeton Cmty. Hosp. v. State Health Plan., 328 S.E.2d 164 (W. Va. 1985).
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Princeton Cmty. Hosp. v. State Health Plan., 328 S.E.2d 164 (W. Va. 1985). “In accordance with West Virginia Code § 16-2D-7(n) (Supp. 1984), this request was granted and hearings were held in November of 1982.”
St. Joseph's Hosp. of Buckhannon, Inc. d/b/a St. Joseph's Hosp. v. Stonewall Jackson Mem'l Hosp. Co. & West Virginia Health Care Auth. (2024). · cites it 3× “2 Despite the pending litigation, on March 29, 2023, Stonewall filed with the Authority a request for a determination of reviewability (“RDOR”), pursuant to West Virginia Code § 16-2D-7 (2016), because of the increase to the CON expenditure minimum.”
Fairmont Gen. Hosp., Inc. v. United Hosp. Ctr., Inc., 624 S.E.2d 797 (W. Va. 2005). · cites it 2× “Code § 16-2D-3(b)(5)); to promulgate emergency rules to establish a review process for nonhealth related projects (W. Va.Code § 16-2D-7(u)) (1999); to adopt rules prescribing criteria in addition to those set forth in W.”
W. Va. Code § 16-2D-7(n): 1 case
Princeton Cmty. Hosp. v. State Health Plan., 328 S.E.2d 164 (W. Va. 1985). “In accordance with West Virginia Code § 16-2D-7(n) (Supp. 1984), this request was granted and hearings were held in November of 1982.”
W. Va. Code § 16-2D-7(u): 1 case
Fairmont Gen. Hosp., Inc. v. United Hosp. Ctr., Inc., 624 S.E.2d 797 (W. Va. 2005). “Code § 16-2D-3(b)(5)); to promulgate emergency rules to establish a review process for nonhealth related projects (W. Va.Code § 16-2D-7(u)) (1999); to adopt rules prescribing criteria in addition to those set forth in W.”
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