Welcome to the West Virginia Certificate of Need web page. You will find background information, the latest reports and related regulatory changes. You can also place requests for reports, submit questions and provide comments and suggestions.

As part of the legislature's review of the Certificate of Need statute, the Authority conducted a series of stake-holder meetings examining the Certificate of Need statute for each of the covered services.

Scheduled meetings:	Transcript:
Renal Dialysis  Comment  Comment	September 25, 2008
Hospice and Home Health Comments	October 7, 2008
Transplants	October 8, 2008
Lithotripsy Utilization  Comments  Comment	October 15, 2008
Long Term Care Beds  Map  Comments	October 22, 2008
Ambulatory Surgical Care Handout  Comments	October 23, 2008
Medical Rehabilitation Beds	October 27, 2008
Ambulatory Care Centers FQHC  RHC  Comments	October 28, 2008
Radiation Therapy Sites	November 5, 2008
Addition/Renovation/Replacement Beds	November 6, 2008
Imaging CT   MRI   PET   Comments	November 12, 2008
Behavioral Health Licensure  Map  Comments	November 13, 2008
Cardiac Services Providers  Map	November 19, 2008
Private Office Practices  Comments	November 20, 2008

For information contact: Linda Hedrick at the Health Care Authority.

The Health Care Authority's goals are to control health care costs, improve the quality and efficiency of the health care system, encourage collaboration and develop a system of health care delivery which makes health services available to all residents of the State. The Certificate of Need program is a regulatory element used to achieve these goals. The program was originally enacted in 1977 and became part of the Authority in 1983. The language outlining the program is found in W.Va. Code §16-2D.

Health Care Financial Disclosure and Health Planning can also be used to draw logical implications as to how those programs work to constrain costs.

Additionally, the Authority assures public access to the information compiled under its programs, and publishes a newsletter detailing applications received and processed.

Certificate of Need (CON) programs are often associated with cost containment measures. Additionally, the Legislative findings in the CON law declare the need for health services to be provided in an orderly, economical manner that discourages unnecessary duplication.

Although some states have repealed their CON statutes, thirty-six (36) states and the District of Columbia retain some form of review. Three states limit their review to long-term care. The structure of the programs varies widely, with some states using other regulatory mechanisms instead of or in conjunction with CON programs.

In West Virginia, all health care providers, unless otherwise exempt, must obtain a CON before (1) adding or expanding health care services, (2) exceeding the capital expenditure threshold of $2,000,000, (3) obtaining major medical equipment valued at $2,000,000 or more, or (4) developing or acquiring new health care facilities.

The statutorily mandated CON review process primarily includes the determination of need, consistency with the State Health Plan, and financial feasibility. Need is determined using CON Standards, which generally include population-based quantifiable need methodologies. Financial feasibility includes the evaluation of the reasonableness of proposed charges to patients and the determination as to whether the expense and revenue projections demonstrate fiscal viability for the proposed project. Other review criteria include quality, accessibility, and continuum of care.

The advantage of CON programs to the public is that they encourage accountability by providing an avenue for public comment, discourage or limit unnecessary services, and promote community planning. In West Virginia, the CON program offers some protection for small, often financially fragile, rural hospitals and the underinsured population they serve by promoting the availability and accessibility of services and, to some extent, the financial viability of the facility.