This bill proposes the termination of the West Virginia Health Care Authority and its Certificate of Need (CON) program, effective January 1, 2026. Key provisions include the repeal of multiple sections related to the authority's operations, including its cooperative agreement review process, and the establishment that no health care facility will be required to obtain a certificate of need to operate in the state. The bill also clarifies 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 after the termination date.
Additionally, the bill introduces a summary review process for entities proposing additional behavioral health care services, replacing the previous requirement for a certificate of need. The Secretary is tasked with revising the state mental health plan and appointing an advisory committee to ensure that proposed services align with state health priorities. The bill also enhances the Secretary's role in health data management, establishes new definitions, and outlines changes to the review process for cooperative agreements among health care providers, including exemptions from antitrust laws for agreements approved before January 1, 2026. Overall, the legislation aims to streamline health care regulations and promote collaboration among health care entities while ensuring compliance with confidentiality and antitrust regulations.
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