West Virginia Code of State Rules
Agency 65 - Health Care Authority
Title 65 - LEGISLATIVE RULE HEALTH CARE AUTHORITY
Series 65-05 - Hospital Cost-Based Rate Review System
Section 65-5-16 - Reconsideration

a) a presentation of significant, relevant information not previously considered by the Authority, and a demonstration that with reasonable diligence the information could not have been presented before the Authority issued its final order;

b)a demonstration that there have been significant changes in factors or circumstances relied upon by the Authority in issuing its final order;

c)a demonstration that the Authority has materially failed to follow its adopted procedures in issuing its final order; or

d)such other bases as the Authority determines constitutes good cause. Provided that, the Authority will not grant a request for reconsideration based upon an insignificant or immaterial difference between the projected data in the hospital's application and its actual data. A request for reconsideration must be filed within thirty (30) days of the receipt of the final order by the requesting party. The Authority shall respond to the request for reconsideration in writing and shall state its reasons for granting or denying the request. The Authority is not required to hold a public hearing in every reconsideration proceeding. Instead, if the Authority determines that the issues do not involve a factual dispute or otherwise do not require the taking of further evidence upon the record, the Authority may issue its reconsideration decision without conducting a public hearing. In the event the Authority grants a reconsideration request but determines that a public hearing is not required, the Authority may enter additional evidence into the record by stipulation by the applicant and all affected parties. The one hundred eighty (180) day review period described in subsection 6.5 of this rule is not applicable to reconsideration proceedings.