×

House committee votes against Certificate of Need repeal

Dr. Hunter “Patch” Adams explains his desire to build a free hospital in Pocahontas County which would likely not be able to receive a Certificate of Need. (Photo Provided)

CHARLESTON — After many years and several attempts to get the item placed on a committee agenda, lawmakers in the West Virginia House of Delegates voted down a repeal of the state’s Certificate of Need law.

The House Health and Human Resources Committee met Tuesday afternoon to consider House Bill 4013, eliminating the Certificate of Need (CON) program managed by the West Virginia Health Care Authority by July 1, 2023.

After more than four hours of questions of counsel and testimony from opponents and supporters — including famous Dr. Hunter “Patch” Adams — the bill failed in an 10-12 vote.

Seven Republicans voted with five Democratic members against the bill, including House Health Committee Chairman Matthew Rohrbach, R-Cabell. The bill had support from House Majority Leader Amy Summers, R-Taylor, a registered nurse and member of the committee.

“We hear all the horror stories about what could happen if we remove this governmental interference in healthcare, but none are proven. They’re all just stories about what could be,” Summers said. “It shouldn’t be this complicated to offer more healthcare services to the people of West Virginia.”

Del. Heather Tully, R-Nicholas, is also a member of the committee and a registered nurse. She was supportive of the bill.

“If this really is a policy objective, this should be patient-centered,” Tully said. “I think that a healthy dose of competition into certain areas would be favorable to patients as well as employees of those facilities.”

The committee amended the bill to exclude home health, hospice care, and personal services. The amendment also would have protected current CON moratoriums.

Barbara Skeen, interim executive director for the HCA, said that denials of CON applications are rare, with only one denial being offered in the last couple of years. Most CON appeals come from other healthcare providers trying to block another’s CON from approval versus a healthcare entity having its CON denied.

Committee members heard from several hospital CEOs with differing opinions on CON repeal. Dan Lauffer, CEO of Thomas Health in South Charleston, said his hospital would like to offer cardiac services but has not applied for a CON because they already know they would not meet the criteria for need since Charleston Area Medical Center already offers those services.

Kevin Yingling, CEO for the Mountain Health Network in Huntington, said that 50 out of 51 hospitals in the state oppose CON.

Dr. Hunter “Patch” Adams, who was made famous in a movie starring Robin Williams as the eccentric physician, said he has been working to raise money for the Gesundheit Institute, a 50-year project to build a 44-bed free hospital in Pocahontas County. But a CON would likely not be granted due to nearby hospitals in the area.

“The need is there. I don’t need a certificate of need to know that poor people want care,” Adams said. “I’m happy for a system to have a certificate of need. Just don’t demand it.”

Certificate of Need rules are designed to help control health care costs and prohibit duplicative or unneeded medical services in communities. West Virginia’s CON law was put in place by lawmakers in 1977, making it one of 35 states with CON laws.

Over the years, there has been an effort to repeal CON laws across the country. According to the National Conference of State Legislatures, 12 states have repealed their certificate of need laws. The South Carolina Senate voted last week to repeal its CON program, sending to the bill to the House Committee on Ways and Means according to The Center Square. In January, a federal court ruled that a case challenging Mississippi’s certificate of need law can move forward.

Supporters of CON repeal believe that repealing the program will give residents more options for healthcare, increase the number of rural hospitals in the state, and provide more savings in healthcare costs and possibly save more lives.

The conservative Cardinal Institute for West Virginia Policy is leading a coalition — including the West Virginia chapter of the free market advocacy group Americans for Prosperity, the West Virginia Nurses Association, the state affiliate of the American College of Nurse-Midwives, and the Midwives Alliance of West Virginian – supporting CON repeal.

Opponents of CON repeal include the West Virginia Hospital Association and the Hospice Council of West Virginia. In op-eds submitted to newspapers over the weekend, both groups said CON repeal would do more harm to existing healthcare providers and not result in any savings, but it likely would reduce the quality of care.

NEWSLETTER

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *

Starting at $4.62/week.

Subscribe Today