{"data":{"id":"us-wv/w.-va.-code-16b-3-14","jurisdiction":"us-wv","citation":"W. Va. Code § 16B-3-14","heading":"Rural Emergency Hospital Act.","body":"(a) Definitions – As used in this section:\n(1) \"Critical Access Hospital\" means a hospital that has been deemed eligible and received designation as a critical access hospital by the Centers for Medicare and Medicaid Services (CMS).\n(2) \"Rural Emergency Hospital\" means a facility that:\n(A) Was a critical access hospital;\n(B) Does not provide acute care inpatient services; and\n(C) Provides, at a minimum, rural emergency hospital services.\n(3) \"Rural Emergency Hospital Services\" means emergency department services and observation care furnished by a rural emergency hospital that does not exceed an annual per patient average of 24 hours in such rural emergency hospital.\n(4) \"Staffed Emergency Department\" means an emergency department of a rural emergency hospital that meets the following requirements:\n(A) The emergency department is staffed 24 hours a day, seven days a week; and\n(B) A licensed physician, advanced practice registered nurse, clinical nurse specialist, or physician assistant is available to furnish rural emergency hospital services in the facility 24 hours a day.\n(b) A hospital located in an urban area (Metropolitan Statistical Areas (MSA) county), can be considered rural for the purposes of a designation as a critical access hospital pursuant to U.S.C. §1395i-4(c)(2) if it meets the following criteria:\n(1) Is enrolled as both a Medicaid and Medicare provider and accepts assignment for all Medicaid and Medicare patients;\n(2) Provides emergency health care services to indigent patients;\n(3) Maintains 24-hour emergency services; and\n(4) Is located in a county that has a rural population of 50 percent or greater as determined by the most recent United States decennial census.\n(c) A critical access hospital may apply to be licensed as a rural emergency hospital if:\n(1) It has been designated as a critical access hospital for at least one year; and\n(2) It is designated as a critical access hospital at the time of application for licensure as a rural emergency hospital.\n(d) In addition to the requirements of subsection (c) of this section, rural emergency hospital shall, at a minimum:\n(1) Provide rural emergency hospital services through a staffed emergency department;\n(2) Treat all patients regardless of insurance status; and\n(3) Have in effect a transfer agreement with a Level I or Level II trauma center.\n(e) A rural emergency hospital may:\n(1) With respect to services furnished on an outpatient basis, provide other medical and health services as specified by the Inspector General through rulemaking; and\n(2) Include a unit of a facility that is a distinct part licensed as a skilled nursing facility to furnish post-hospital extended care services.\n(f) The Inspector General shall propose a rule for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions of this section.","path":["CHAPTER 16B. INSPECTOR GENERAL.","ARTICLE 3. HOSPITALS AND SIMILAR INSTITUTIONS."],"source_url":"https://code.wvlegislature.gov/16B-3-14/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:23:48Z","sha256":"3c91a182e0339a3535bc87aec6f26b6e25d7017d1add30e827223c57727ba311","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-16b-3-13","next":"us-wv/w.-va.-code-16b-3-15"},"notice":"GroundRules: Original legal text. Not legal advice."}