West Virginia's Governor Enacts New Legislation Abolishing Numerous Certificate of Need Regulations

April 1, 2023

Mountaineer News

WV Legislation

CHARLESTON, WV (Mountaineer News) - West Virginia Governor Jim Justice recently made significant changes to the state's healthcare laws by signing a new bill this week that removes many of the state's certificate of need regulations. These regulations, which were put in place in 1974, were designed to reduce consumer costs by dictating how many medical facilities could exist in a given area and what services they could offer. However, these laws have been seen by many as a barrier to expanding access to care and improving medical services for West Virginia residents.

The new legislation, Senate Bill 613, removes certificate of need laws for various hospital services, including birthing centers, in-patient and out-patient services, emergency room services, surgical services, diagnostic and imaging services, and laboratory services on hospital campuses. The bill received widespread support from a variety of groups, including the Americans for Prosperity West Virginia, the West Virginia Nurses Association, the Midwives Alliance of West Virginia, and the Cardinal Institute for West Virginia Policy.

The move is seen as a significant step towards increasing access to more personalized and affordable healthcare in the state, as many facilities and services had been prevented from expanding due to the previous regulations. With the repeal of these laws, more hospitals, beds, and medical equipment are expected to be available to West Virginia residents.

The repeal of certificate of need laws is especially significant for midwifery and birthing centers in the state. According to Beth Redden, President of the West Virginia Affiliate of the American College of Nurse-Midwives, "The Midwifery Model of Care, as practiced in birth centers, has repeatedly been shown to improve outcomes in low-risk women. Midwife care protects a person's bodily autonomy, encourages shared decision-making, and values fully informed consent." With the removal of certificate of need laws, it is hoped that more midwifery and birthing centers will be able to open, giving more West Virginia residents access to the benefits of midwifery care.

The new legislation has been widely praised as a crucial step towards improving healthcare in West Virginia. Research has shown that certificate of need laws limit supply, increase cost, and decrease the quality of health care across the country. This reform enacted by the Legislature is a vital first step to reverse those trends. Future efforts are expected to continue increasing access and affordability of health care for all West Virginians.

Overall, the new legislation represents a vital first step in reversing the negative effects of certificate of need laws. By increasing access to care and improving the quality of medical services available, West Virginia residents can look forward to a brighter, healthier future.