HB 5096 West Virginia House of Delegates · 2026 Regular Session

Relating to removing services from requiring a certificate of need

HB 5096 removes the requirement for state approval (a "certificate of need") for two specific healthcare services in West Virginia: personal care services and intellectual developmental disabilities (IDD) services. This means healthcare providers offering these services no longer need prior state permission before expanding or establishing them. The bill amends existing law (§16-2D-10) to explicitly exempt these services from the certificate of need process, which previously applied to many healthcare expansions and facility changes. This change directly affects providers of personal care (like assistance with daily living activities) and IDD services (such as support for individuals with developmental disabilities), streamlining their ability to operate without state review.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Feb 2026
House of Delegates Passage
Feb 2026
Senate Passage
Governor
Introduced Feb 3, 2026 Last action Feb 17, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Engrossed Version · 6 edits · Feb 16, 2026
MODERATE
The bill removes the requirement for a Certificate of Need (CON) for intellectual developmental disabilities (IDD) services and personal care services, allowing providers to offer these without state approval. It also exempts birthing centers from CON requirements and adds specific protections for financially distressed hospitals being sold. Additionally, the bill creates a new 24-bed transitional intermediate care facility program with strict placement rules to ensure individuals remain in the most integrated settings possible.
Scope change
The bill narrows the scope of services requiring state pre-approval by explicitly exempting IDD services, personal care services, and birthing centers from the Certificate of Need process.
REQUIREMENT

Removed the requirement for a Certificate of Need for intellectual developmental disabilities services and personal care services, streamlining access to these essential care options.

Added a new exemption for birthing centers from Certificate of Need requirements, provided they agree to be treated as trauma centers for liability purposes.

Created a specific 24-bed transitional intermediate care facility program with a monitoring committee to oversee the transition of residents from institutional settings to community-based care.

Added a requirement that savings from moving individuals out of expensive institutions must be reinvested into home and community-based services.

Modified the rules for transferring CONs to allow financially distressed hospitals to be sold without immediate CON approval, provided specific financial distress criteria are met.

ELIGIBILITY

Established eligibility criteria for the new transitional beds, restricting them to individuals currently in restrictive institutional settings or at risk of institutionalization.

Floor votes · House of Delegates Feb 16, 2026

How they voted

960
Passed · 3 other
Total votes 99
Feb 16, 2026
D Democratic9
9 Yea
100% Yea
R Republican90
87 Yea 3
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
23
Key actions
2
Committee
4
Amendments
4
Feb 17, 2026
Committee
To Health and Human Resources
upper
Feb 17, 2026
Introduced
Introduced in Senate
upper
Feb 16, 2026
Lower · Passed
Passed House (Roll No. 97)
lower
Feb 16, 2026
Amended
Amendment rejected (Voice vote)
lower
Feb 16, 2026
Introduced
Amendment reported by the Clerk
lower
Feb 13, 2026
Introduced
Amendments pending
lower
Feb 13, 2026
Introduced
Moved to 3rd with Amendments Pending
lower
Feb 11, 2026
Lower · Passed
Do pass
lower
Feb 3, 2026
Committee
To House Health and Human Resources
lower
Feb 3, 2026
Introduced
Introduced in House
lower
Feb 3, 2026
Committee
To Health and Human Resources then Finance
lower
1 primary · 1 co-sponsor

Sponsors