The bill introduced by Delegate Hanshaw seeks to amend the West Virginia Code by repealing the Certificate of Need (CON) program and terminating the West Virginia Health Care Authority, effective January 1, 2026. Key provisions include the elimination of the requirement for health care facilities to obtain a certificate of need to operate in the state, as well as the transfer of the authority's remaining powers, assets, records, and employees to the Secretary of the Department of Health. The bill also mandates that any remaining balance in the "Certificate of Need Program Fund" be redirected to the General Revenue Fund after the termination date.

In addition to these changes, the bill introduces a summary review process for entities proposing additional behavioral health care services, replacing the previous CON requirement and streamlining the expansion of such services. The Secretary will also be responsible for revising the state mental health plan and establishing an advisory committee to ensure alignment with state health priorities. Furthermore, the bill enhances the Secretary's role in health data management and modifies the review process for cooperative agreements among health care providers, providing legal protections for agreements approved before the termination date while abolishing the review process thereafter. Overall, this legislation represents a significant shift in health care regulation in West Virginia, aimed at reducing bureaucratic barriers and improving access to health services.

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