WeVote
Log In

Bill

Bill

HB 5618

Federal Court Decision Striking Down Certificate of Need Moratorium.

2026 Regular Session Introduced by Mike Pushkin

HB 5618 ends the CON moratorium for new opioid treatment programs on July 1, 2026, enabling future legislative decisions on adding OTPs.

To House Health and Human Resources
#humanservices
0
WeVote Research Nonpartisan
Bill Summary · HB 5618

Summary of Bill HB 5618 (2026) — West Virginia

Title

Federal Court Decision Striking Down Certificate of Need Moratorium (House Bill 5618)

Primary purpose

HB 5618 seeks to remove the current moratorium on licensing new opioid treatment programs (OTPs) that do not have a certificate of need (CON). The bill establishes an end date for that moratorium, effectively allowing a future decision by the Legislature on whether additional OTPs are necessary, but does so by setting a fixed termination date.

Background context referenced in the bill

  • The bill cites a federal court decision in Slaughter v. Edney (No. 3:20-CV-789-CWR-ASH, 2024) which held that longstanding moratoria on CONs for opioid treatment centers may violate the Fourteenth Amendment by creating an ongoing ban on new market entrants without a rational basis.
  • The decision also suggested potential Equal Protection concerns because the moratorium treated new providers differently from existing ones.

Key provisions and changes

  • Section affected: §16B-13-12 of the Code of West Virginia, Article 13 (Medication-Assisted Treatment Program Licensing Act).
  • Existing moratorium: The bill references a moratorium that was set to take effect during the 2016 regular session and would continue until the Legislature determined a need for additional OTPs.
  • End date: The moratorium on licensure for new OTPs without a CON shall cease on July 1, 2026.
  • Purpose of the end date: The bill explicitly states its purpose is to provide an end date for the moratorium, allowing the Legislature to assess and determine if there is a necessity for additional OTPs after the 2026 date.
  • Note on amendments: The legislative text indicates that strike-throughs would remove outdated language and that new language would be added to reflect the end-date provision.

Who or what would be affected

  • Entities seeking to establish new opioid treatment programs in West Virginia that currently do not have a CON would be affected by the removal of the moratorium’s indefinite status, since the moratorium would guarantee an end date rather than a perpetual ban.
  • Existing OTPs with CONs or without CONs (as of the effective date) may experience changes in licensing processes depending on how future policymaking proceeds after July 1, 2026.
  • Regulators (West Virginia Department of Health and Human Resources) would implement the end-date framework and any subsequent processes for evaluating the need for additional OTP capacity.

Procedural and timeline aspects

  • Introduction and referral: Introduced February 16, 2026; referred to the House Committee on Health and Human Resources.
  • Effective end date: The moratorium is set to end on July 1, 2026, unless future legislative action alters this framework.
  • Legislative intent: The bill is framed around addressing federal constitutional concerns raised by the cited federal court decision and aligning state policy with potential requirements for market entry rationales (cost control, quality assurance, access to care, and equal protection considerations).

Practical implications to monitor

  • After July 1, 2026, the state may face decisions on whether to approve CONs for new OTPs and how to regulate and oversee an expanded OTP landscape.
  • Policy makers may reconsider prerequisites, capacity, quality standards, and funding related to OTPs in light of any new entrants and the existing provider landscape.

If you’d like, I can add a brief comparison to the current CON process for OTPs in West Virginia or outline potential implementation steps regulators might take after the end-date.

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

Sign in to ask a question.