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HB 4359

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

2026 Regular Session Introduced by Adam Burkhammer

HB 4359 exempts Certificate of Need-holding hospitals from regulatory approval to relocate facilities up to 10 miles, streamlining relocation but bypassing standard healthcare planning oversight.

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Bill Summary · HB 4359

Legislative bill overview

HB 4359 would exempt an existing hospital that holds a Certificate of Need (CON) from the typical regulatory requirements needed to relocate its facility up to 10 miles from its current location. This creates a streamlined approval pathway for hospital relocation within a defined geographic radius in West Virginia.

Why is this important

Hospital relocation decisions affect community healthcare access, service continuity, and infrastructure investment. CON laws exist to control healthcare facility expansion and ensure planned growth, so exempting hospitals from these requirements could either increase operational flexibility or bypass important regulatory oversight depending on perspective. The 10-mile radius is significant—it allows major service area shifts while ostensibly keeping the hospital within a defined region.

Potential points of contention

  • Regulatory bypass concerns: Exempting hospitals from CON requirements removes a layer of review designed to prevent unnecessary duplication and ensure financial viability of healthcare facilities
  • Community impact questions: A 10-mile relocation could move a hospital outside current service areas, potentially affecting access for patients in underserved regions while benefiting others
  • Scope ambiguity: The bill's definition of "existing hospital" and what circumstances trigger the exemption could determine whether this applies broadly or narrowly

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

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