West Virginia 2026 Regular Session

West Virginia House Bill HB5096

Introduced
2/3/26  
Refer
2/3/26  
Engrossed
2/16/26  
Refer
2/17/26  

Caption

Relating to removing services from requiring a certificate of need

Impact

The removal of the certificate of need requirement for these services is expected to significantly impact the availability and development of personal care and developmental disability services in West Virginia. Proponents argue that this change will lead to enhanced competition among providers, ultimately resulting in better service delivery and lower costs for consumers. Additionally, by streamlining the process for service providers, the bill may encourage more practitioners to enter these fields, which are critical for communities facing shortages in care options, particularly for vulnerable populations.

Summary

House Bill 5096 aims to amend the Code of West Virginia by removing certain health services from the requirement of obtaining a certificate of need (CON). The bill specifically exempts personal care services and services related to intellectual and developmental disabilities from this requirement. The intention is to ease access to these essential health services, thereby fostering an environment where healthcare providers can more readily respond to community needs without the bureaucratic hindrance of seeking state approval for their expansion or establishment.

Sentiment

The sentiment surrounding HB 5096 appears to be largely positive among stakeholders focused on healthcare access. Supporters, including various advocacy groups for the disabled and healthcare professionals, believe that easing these regulatory burdens will empower providers to meet the diverse and immediate needs of West Virginians. However, there are concerns among some in the healthcare sector regarding the potential for reduced quality of care if oversight is diminished, highlighting a divide among professionals about regulatory balance.

Contention

Points of contention surrounding HB 5096 arise primarily from discussions on the implications of removing oversight. Critics argue that the elimination of the CON requirement could lead to an influx of unqualified or inadequately prepared service providers, potentially jeopardizing the quality of care available to individuals with intellectual and developmental disabilities. Furthermore, there are worries that without regulatory measures, the market may favor profit-driven motives over patient-centered care. Proponents counter that the interests of consumers will drive quality, as competition among providers typically leads to improved services.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2701

Relating to exempting a neighborhood hospital from certificate of need

WV HB3487

Providing that small format, micro hospitals are exempt from certificate of need review

WV HB2007

Repeal Certificate of Need Process

WV SB453

Repealing certificate of need process

WV HB3308

Relating to the termination of the authority’s certificate of need program

WV HB2485

Exempt an existing hospital under certificate of need to move their facility up to 10 miles to a new location

WV HB3250

Relating to removing the Certificate of Need moratorium on opioid treatment facilities

WV HB2046

Require hospitals under Certificate of Need to accept PEIA

WV HB3160

Requiring certification of nursing home Medical Directors

WV SB472

Requiring transparency from Department of Human Services

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