2009 Legislative Changes to WV Certificate of Need Law

On April 9, 2009, the West Virginia Legislature sent Senate Bill 321 to Governor Manchin for signature (see strikethru/underline Committee Substitute version). Senate Bill 321 makes substantive changes to the current certificate of need law in West Virginia overseen by the West Virginia Health Care Authority.

The certificate of need law requires health care providers, including hospital, physicians, long term care facilities, hospice providers, home health agencies and other health care providers to first seek approval prior to expanding health services, incurring capital expenditures above a particular threshold, purchasing certain medical equipment and developing or acquiring new health facilities or services.

Below is a summary of the major changes to the law that will go into effect 90 days from passage on April 3, 2009:

• The bill raises the capital expenditure threshold and major medical equipment threshold from $2,000,000 to $2,700,000.
• Eliminates lithotripsy from certificate of review.
  
• Amends the fee structure of the Health Care Authority for certificate of need reviews.
• Provides that in specified instances nonhealth-related projects are not subject to certificate of need review.
  
• Provides that in specified instances certain ambulatory health care facilities are not subject to certificate of review.
• Eliminates from certificate of review acquisition of any health care facility outside of West Virginia by a West Virginia health care facility.