The bill introduced by Delegate Hanshaw seeks to significantly amend the West Virginia Code by terminating the West Virginia Health Care Authority and its certificate of need (CON) program, effective January 1, 2026. Key provisions include the repeal of various sections related to the authority's operations, including the cooperative agreement review process, and the stipulation that no health care facility will be required to obtain a certificate of need to operate in the state. The bill also mandates the transfer of the authority's remaining powers, assets, records, and employees to the Secretary of the Department of Health, along with the transfer of any remaining funds in the "Certificate of Need Program Fund" to the general revenue fund.

Additionally, the bill modifies the process for summary reviews of behavioral health services, allowing the Secretary to conduct these reviews for federal approval of the Medicaid MR/DD waiver program. It emphasizes the importance of community-based services and streamlines the approval process for additional health care services. The bill also introduces new responsibilities for the Secretary regarding health data management and cooperative agreements among healthcare providers, including the evaluation of potential disadvantages stemming from reduced competition. Overall, this legislation represents a major restructuring of health care oversight in West Virginia, aiming to reduce bureaucratic barriers while ensuring necessary services remain accessible to the public.

Statutes affected:
Introduced Version: 9-5-19, 16-2D-1, 16-2D-2, 16-2D-4, 16-2D-5, 16-2D-16a, 16-29B-1, 16-29B-3, 16-29B-8, 16-29B-25, 16-29B-26, 16-29B-28, 33-15B-5, 51-11-4, 16-2D-3, 16-2D-6, 16-2D-7, 16-2D-8, 16-2D-9, 16-2D-10, 16-2D-11, 16-2D-12, 16-2D-13, 16-2D-14, 16-2D-15, 16-2D-16, 16-2D-17, 16-2D-18, 16-2D-19, 16-2D-20, 16-29A-20, 16-29B-2, 16-29B-5, 16-29B-5a, 16-29B-12, 16-29B-13, 16-29B-14, 16-29B-15, 16-29B-24, 16-29B-30, 16-29B-31, 16B-13-12, 16B-21-3, 49-2-124