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SB 168

Certificate of public need; creates exception for maternal and perinatal health services.

2026 Regular Session Introduced by Christie Craig

SB 168 exempts maternal and perinatal health services from Virginia's Certificate of Public Need regulatory approval, potentially accelerating access but eliminating cost-control oversight.

Passed by indefinitely in Education and Health (9-Y 6-N)
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Bill Summary · SB 168

Legislative bill overview

SB 168 would create an exemption to Virginia's Certificate of Public Need (COPN) requirements specifically for maternal and perinatal health services. The COPN process typically requires healthcare providers to obtain state approval before establishing new facilities or services. This bill would allow maternal and perinatal health providers to bypass that regulatory review process.

Why is this important

Maternal and perinatal health access has become a critical issue in many states, with rural areas particularly affected by hospital closures and provider shortages. Removing regulatory barriers could potentially accelerate the establishment of new birthing centers, obstetric services, or perinatal care facilities. However, the COPN process exists ostensibly to prevent unnecessary duplication and control healthcare costs, so bypassing it creates a fundamental policy tension.

Potential points of contention

  • Market vs. regulation trade-off: Proponents argue exempting maternal care from COPN accelerates needed services; opponents contend removing oversight may lead to inefficient facility duplication and higher costs without ensuring equitable access
  • Scope ambiguity: The bill's definition of "maternal and perinatal health services" may be too broad or vague, potentially creating loopholes for other healthcare services to claim similar exemptions
  • Rural vs. urban impact: The exemption could benefit underserved rural areas with no obstetric care, but may also allow redundant services in well-served urban markets where COPN restrictions actually prevent wasteful competition

Compiled from official sources — confirm details with the bill’s official record.

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