HB 5618
Federal Court Decision Striking Down Certificate of Need Moratorium.
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill removes a longstanding moratorium on the licensure of new opioid treatment facilities in West Virginia. The moratorium, established in 2016, prevented new opioid treatment programs from opening without a Certificate of Need. A recent federal court decision found this moratorium unconstitutional, arguing it unfairly restricted market entry. This bill sets a July 1, 2026, date for the moratorium to end, allowing for the potential establishment of new opioid treatment programs.
Key provisions
- Removes the Certificate of Need moratorium on opioid treatment facilities.
- Sets a termination date of July 1, 2026, for the moratorium.
- Reflects a recent federal court ruling (Slaughter v. Edney) against the moratorium.
- Addresses concerns about Equal Protection under the law related to the moratorium.
- Specifically targets the moratorium established in the 2016 legislative session.
Who is affected
- Opioid treatment facilities
- Potential new opioid treatment providers
- The West Virginia Department of Health and Human Resources
- Individuals seeking opioid treatment
Notable changes
- Ends a moratorium that had been in place since 2016.
- Aligns West Virginia law with a federal court decision.
- Removes a barrier to entry for new opioid treatment providers.
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