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Bill

HB 5096

Relating to removing services from requiring a certificate of need

2026 Regular Session Introduced by Mike Hite and 1 co-sponsor

Bill removes state Certificate of Need approval requirements for select healthcare services, reducing regulatory barriers but potentially affecting equitable healthcare planning and infrastructure efficiency.

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Bill Summary · HB 5096

Legislative bill overview

HB 5096 removes certain healthcare services from West Virginia's Certificate of Need (CON) requirement, which currently mandates that healthcare providers obtain state approval before offering new services or making major capital investments. The bill streamlines regulatory oversight by exempting specific services from this pre-approval process, allowing providers to operate with less bureaucratic delay.

Why is this important

Certificate of Need laws significantly impact healthcare access and costs. Removing CON requirements can reduce barriers to care expansion and lower operational costs for providers, potentially increasing service availability. Conversely, CON requirements exist partly to prevent unnecessary healthcare infrastructure duplication and control costs—removing them could create market fragmentation or inefficient spending depending on which services are exempted.

Potential points of contention

  • Market competition vs. planning: Removing CON requirements may increase competition and choice but could also result in redundant, inefficient healthcare infrastructure in some areas
  • Access equity: Rural or underserved regions may lose planning protections that ensured healthcare availability in less profitable markets
  • Specificity of exemptions: The bill's amendments are pending, making it unclear which services are actually exempt—this creates uncertainty about real-world impact

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

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