CHARLESTON, W.Va. — West Virginia’s Certificate of Need process has survived its first challenge of this legislative session. The House Health Committee rejected a committee substitute by a vote of 13 to 12 Monday night to repeal the process.
The defeated proposal would have eliminated most of state law regarding CON and leave in place limitations on the development or expansion of some health services. Services that offer methadone, nursing homes, or hospice care could be disrupted.
Del. Geno Chiarelli, R-Monongalia, voted against the bill. He said the legislature can’t “arbitrarily shoehorn elements of the free market into a system that is fundamentally not.”
Chiarelli said CON isn’t perfect.
“What I’m not doing is defending the current state of the Certificate of Need as it is I think there is modernization and upgrades we can make,” he said Tuesday on MetroNews “Talkline.”
West Virginia Hospital Association Vice Chair, Vandalia Health Executive Vice President, David Goldberg said CON plays a key role and should continue.
“There’s a big preponderance and support to maintain certificate of need so we can keep access moving, keep affordability, and be able to provide good healthcare planning,” Goldberg said Tuesday on 580Live with Dave Allen.
The substitute bill would have also eliminated the Health Care Authority and transferred those responsibilities to the state attorney general by monitoring reimbursement rates set by hospitals, the cost of services, the types of services available and the approval of rate increases.
Goldberg previously worked in Virginia where they have a Certificate of Need program despite a higher percentage of private or commercial payment for services.
“States like Virginia, the commonwealth where I worked before a on average is about 60 percent commercial,” Goldberg said. ” Which means the profitability of healthcare is much different in states like ours that are more rural and rely on Medicare, Medicaid, and PEIA.”
Gov. Patrick Morrisey, who spoke with committee members during Monday’s meeting, has sought to repeal CON in an effort to lower costs and improve outcomes. Morrisey said via social media after the vote he plans to keep fighting to repeal the CON.
“The fight to repeal Certificate of Need is not over. West Virginia currently pays more for hospital services than all but one state – while experiencing the worst healthcare outcomes. We must reduce the unaffordable price of healthcare and increase consumers’ access to the services they depend on,” Morrisey posted on X.
The fight to repeal Certificate of Need is not over. West Virginia currently pays more for hospital services than all but one state – while experiencing the worst healthcare outcomes.
We must reduce the unaffordable price of healthcare and increase consumers’ access to the…
— Governor Patrick Morrisey (@wvgovernor) February 24, 2025
The bill could still surface in the state Senate.
Chiarelli said a one size fits all approach is not the best way to approach this legislation. Developing a plan that would consider the differences in each region of the state might not bring the significant change Gov. Morrisey is looking for but it would give lawmakers a baseline to pursue further change.
“I’m pretty surer there are 23 different areas in West Virginia that are covered by Certificate of Need,” Chiarelli said. ” Once you open those up I think there’s a lot more palatable way to streamline the process.”