West Virginia 2024 Regular Session

West Virginia House Bill HB4909

Introduced
1/18/24  

Caption

Relating to eliminating the certificate of need program for health services

Impact

The removal of the CON requirement is poised to increase accessibility to a variety of healthcare services, potentially encouraging competition among providers. This could lead to a reduction in costs and improvements in service availability. According to supporters of the bill, removing these regulatory barriers may also spur innovation within the healthcare sector as providers would have more autonomy to respond to market demands. Nevertheless, the healthcare community is divided on this issue, with physicians and healthcare advocates expressing concerns that deregulation might lead to an oversupply of certain services and diminish the quality of care as providers compete primarily on profits.

Summary

House Bill 4909 is proposed legislation aimed at significantly altering the regulatory landscape for health services in West Virginia by eliminating the certificate of need (CON) program, with the exception of hospice services. The CON program currently requires healthcare providers to obtain government approval for certain new services or capital expenditures, intended to control healthcare costs and ensure that an adequate supply of services is available. This bill seeks to repeal several statutes related to the CON program, thereby allowing healthcare facilities greater freedom to expand and introduce new services without the need for prior approval.

Sentiment

The general sentiment surrounding HB 4909 appears to be mixed. Proponents argue that the bill would modernize healthcare delivery in West Virginia, promoting a more efficient system that serves the needs of citizens without unnecessary bureaucratic hurdles. Conversely, opponents express apprehension that deregulating health services could result in unintended negative outcomes, such as increased healthcare disparities, potentially harming vulnerable populations who may rely on established institutions for critical care.

Contention

Notable points of contention include the potential impact on quality of care and healthcare equity. Critics of the bill highlight that eliminating the CON program might result in the proliferation of services aimed at maximizing profit rather than addressing community health needs. There are fears that essential services—particularly in rural and underserved areas—might suffer if not adequately regulated. The debate has sparked broader discussions about the appropriate balance between regulatory oversight and market freedom in the healthcare sector.

Companion Bills

No companion bills found.

Previously Filed As

WV SB612

Eliminating certain centers from certificate of need review

WV SB613

Relating generally to certificates of need

WV HB2789

Removing birthing centers from certificate of need

WV HB2196

To remove opioid treatment programs from requiring a certificate of need

WV HB3205

Eliminating the certificate of need program

WV HB3247

Relating to abuse and or neglect of individuals with an intellectual and or developmental disability

WV SB528

Requiring certificate of need be subject to legislative rulemaking

WV HB3337

Prohibiting additional drug and alcohol treatment facilities and services in a certain county

WV HB2438

Authorizing long term care facilities to increase their number of beds on certificate of need by 5% so long as those beds are filled by veterans

WV HB3031

Eliminating West Virginia Greyhound Breeding Development Fund

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