Certificate of need · West Virginia
West Virginia certificate of need
West Virginia has a certificate of need program, run by West Virginia Health Care Authority. It covers 8 kinds of services, listed below.
- CON program
- Yes
- Services covered
- 8
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Certificate of need
West Virginia CON program
West Virginia has a certificate of need program, run by West Virginia Health Care Authority. It covers 8 kinds of services, listed below.
- CON program
- Yes
- Program
- Certificate of Need
- Moratoria
- The Authority may not issue CONs for: adding intermediate care or skilled nursing beds (except under §16-2D-11 exemptions); building or replacing skilled nursing facilities (except to replace unsafe facilities or reuse existing licensed beds); adding ICF/IID beds (apart from court-ordered beds); opioid treatment programs (one narrow clinical-trial exception); or adding substance abuse treatment beds in counties that already have more than 250 (W. Va. Code §16-2D-9).
- Recent changes
- Article 16-2D was amended repeatedly, including 2023 SB 613 (which amended the definitions, the list of services requiring CON and the exemptions) and 2024 HB 4274 (definitions and exemptions).
- Statute
- W. Va. Code §16-2D-1 et seq.
Scope
Services that need a certificate of need
- establishment or acquisition of any health care facility (broadly defined)
- capital expenditures above the expenditure minimum, and capital expenditures to acquire a facility
- substantial changes in bed capacity or health services
- addition of ventilator services by a hospital
- major medical equipment
- new health services not offered on a regular basis
- expansion of hospice or home health agency service areas
- closures or eliminated services tied to capital expenditures
FAQ
Frequently asked questions
Does West Virginia have a certificate of need law?
West Virginia has a certificate of need program, run by West Virginia Health Care Authority. It covers 8 kinds of services, listed below.