HB 5096 — Relating to removing services from requiring a certificate of need

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedENGROSSED FISCAL House Bill 5096 NOTE By Delegates Worrell and Hite [Introduced February 03, 2026;

referred to the Committee on Health and Human Resources then Finance] IntrEng HB 2026R36475096 A BILL to amend and reenact §16-2D-8 and §16-2D-10 of the Code of West Virginia, 1931, as amended, relating to removing services from requiring a certificate of need;

IntrEng HB 2026R36475096 (5) A substantial change to the bed capacity of a health care facility with which a capital expenditure is associated;

IntrEng HB 2026R36475096 (5) Providing fixed magnetic resonance imaging;

This subdivision terminates upon the approval of the sixth four- bed intermediate care facility.facility;

(B) Only individuals living in more restrictive institutional settings, in similar settings covered by state-only dollars, or at risk of being institutionalized will be given the choice to move, IntrEng HB 2026R36475096 and they will be placed on the Individuals with Intellectual and Developmental Disabilities (IDD) Waiver Managed Enrollment List.

Individuals already on the IDD Waiver Managed Enrollment List who live in a hospital or are in an out-of-state placement will continue to progress toward home- and community-based waiver status and will also be considered for all other community-based options, including, but not limited to, specialized family care and personal care.care;

Individuals already on the IDD waiver will not be considered for placement in the 24 new intermediate care beds.beds;

The monitoring committee shall provide guidance on the department’s transitional plans for residents in the 24 intermediate care facility beds and monitor progress toward home- and community-based waiver status and/or utilizing other community-based options and securing the most integrated setting for each individual.individual;

Eng HB 5096 Notwithstanding §16-2D-8 of this code, a person may provide the following health services Intr HB 2026R3647 without obtaining a certificate of need or applying to the authority for approval:

To qualify for this exemptionexemption, 75 percent of the laboratory services are for the patients of the practice or ambulatory health care facility of the total laboratory services performed and 75 percent of diagnostic imaging services are for the patients of the practice or ambulatory health care facility of the total imaging services performed.

Eng HB 5096 (6) (A) Notwithstanding the provisions of §16-2D-17, any hospital that holds a valid Intr HB 2026R3647 certificate of need issued pursuant to this article, may transfer that certificate of need to a person purchasing that hospital, or all or substantially all of its assets, if the hospital is financially distressed.

evidenced by balance sheet insolvency and/or the inability to pay its debts as they come due in the ordinary course of business.business;

(iii) Written evidence of receivership,receivership; or (iv) Documentation establishing the requirements of subparagraph (v) or (vi), paragraph (A) of this subdivision.

or (iv) Documentation establishing the requirements of subparagraph (v) or (vi), paragraph (A) of this subdivision.

Eng HB 5096 (D) Any person purchasing a financially distressed hospital, or all or substantially all of its assets, that has applied for a certificate of need after January 1, 2017, shall qualify for an Intr HB 2026R3647 exemption from certificate of need;

and (10) Constructing, developing, acquiring, or establishing a birthing centercenter: :Provided, That a hospital shall be deemed a trauma center, subject to the provisions of §55-7B-9c of this code, for any and all claims arising out of any medical services provided by a hospital or physician to an individual as a result of birth complications at a birthing center;

Provided, That a hospital shall be deemed a trauma center, subject to the provisions of §55-7B-9c of this code, for any and all claims arising out of any medical services provided by a hospital or physician to an individual as a result of birth complications at a birthing center;

NOTE:

The purpose of this bill is to remove personal care services and Intellectual development disabilities services from certificate of need.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.