Overview
In 2024, West Virginia considered a number of bills that would have affected Certificate of Need rules, but ultimately none passed.
West Virginia has made progress in healthcare price transparency on several fronts, including implementing an all-payer claims database, passing legislation easing access to medical records, and creating annual financial disclosure requirements for facilities in order to determine the reasonableness of healthcare costs among providers. The state earns a high grade in providing statutory protections for patients against surprise billing for emergency services, although none exist for non-emergency services. The legislature also introduced a bill that would establish a Right to Shop program to require insurance carriers to develop health care transparency tools, allowing patients to search for the highest value health care.
In the healthcare markets, West Virginia closely regulates hospital prices, requiring hospitals to submit all changes and amendments to hospital charges for approval. However, the state does not have a strong merger review law, as only notice to the certificate of need program is required for healthcare provider transactions. The law further provides that financially distressed hospitals are exempted in acquisition proceedings from going through the traditional CON process. Additionally, competition in the insurance market is weak, as only one carrier (Highmark) issued qualified health plans on the individual insurance market until CareSource joined the exchange in 2016, and premiums for employer-sponsored plans in West Virginia are some of the highest in the country.
West Virginia had joined a growing number of states that aim to reduce the cost of prescription drugs by increasing transparency around pricing. In recent terms, West Virginia introduced a number of legislation aimed at reducing consumer cost-sharing for pharmaceuticals. The state successfully enacted the Pharmacy Audit Integrity and Transparency Act, which provides that a pharmacy may inform consumers of lower cost alternatives and cost share to assist health care consumers, and penalizes any pharmacy benefit managers that attempt to prohibit such disclosure. The legislature also successfully expanded the authority to regulate pharmacy benefit managers by expanding the Pharmacy Audit Integrity Act and Fairness in Cost-Sharing Calculation Act.
State Action
Latest Legislative Session: 1/11/2023 - 3/11/2023 (2023 term). *Current session bill updates are ongoing. Check back weekly for updates.
HB 2004 – West Virginia
Introduced: 2021 Status: Inactive / Dead
The purpose of this bill is to permit a licensed health care professional from another to state to practice in this state through telehealth when registered with the appropriate West Virginia board. A BILL to …
HB 2005 – West Virginia
Introduced: 2021 Status: Enacted
AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-2-24, relating to health care costs generally; requiring the Insurance Commissioner to enforce the applicable provisions …
HB 2007 – West Virginia
Introduced: 2020 Status: Inactive / Dead
Eliminating the certificate of need program. The purpose of this bill is to eliminate the certificate of need program for opiod treatment programs.
HB 2024 – West Virginia
Introduced: 2021 Status: Enacted
The purpose of this bill is to expand the use of telemedicine by allowing medical personnel to participate in telemedicine visits, to ensure parity between telemedicine and in-person visits, and to restrict the ability of …
HB 2068 – West Virginia
Introduced: 2017 Status: Inactive / Dead
This bill authorizes the board of directors of the West Virginia Health Information Network and the West Virginia Health Care Authority to determine and, with the approval of the Joint Committee on Government and Finance, …
SB 390 – West Virginia
Introduced: 2021 Status: Enacted
Reorganizing Health Care Authority under DHHR and clarifying responsibilities for all-payer claims database. AN ACT to amend and reenact §33-4A-1, §33-4A-2, §33-4A-3, §33-4A-4, §33-4A-5, §33-4A-6, §33-4A-7, and §33-4A-8 of the Code of West Virginia, 1931, …
SB 46 – West Virginia
Introduced: 2018 Status: Enacted
THE PHARMACY AUDIT INTEGRITY AND TRANSPARENCY ACT. This law provides that a pharmacy, pharmacist, or pharmacy technician may inform consumers of lower cost alternatives and cost share to assist health care consumers in making informed …
W. Va. Code § 16-1-8. Duties and powers of the commissioner; authorization to cooperate with any state health planning and development agencies and any federal government agencies in hospital and other health facility programs: State Public Health System – West Virginia
Introduced: Status: Enacted
The commissioner at the direction of the secretary may cooperate with any state health planning and development agencies and any federal government agencies in programs for construction of public or private hospitals, diagnostic or treatment …
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W. Va. Code § 16-29F-1. Uninsured and underinsured health coverage assistance; pilot program: Uninsured and Underinsured Pilot Programs – West Virginia
Introduced: Status: Enacted
This section authorizes, on a trial basis, the establishment of pilot programs in the state which receive a grant under the federal community access program to coordinate health care provider reimbursements, to allow an opportunity …
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W. Va. Code § 16-4C-11. Liability for cost of emergency medical service: Emergency Medical Services Act – West Virginia
Introduced: Status: Enacted
Any patient who receives an emergency medical service and who is unable to give his or her consent to or contract for the service, whether or not he or she has agreed or consented to …
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United States of America v. Charleston Area Medical Center, Inc. and St. Mary’s Medical Center, Inc. – West Virginia
District Court: Southern District of West Virginia Charleston Division Status: Decided
On October 21, 2016, a federal district court approved a settlement between St. Mary’s Medical Center, Charleston Area Medical Center, and DOJ. The settlement prohibits …
In the Matter of Cabell Huntington Hospital, Inc., Pallottine Health Services, Inc., and St. Mary’s Medical Center, Inc. – West Virginia
District Court: United States of America Before The Federal Trade Commission Status: Decided
On July 6, 2016 the FTC voted to abandon its challenge to the merger of Cabell Huntington and St. Mary’s hospitals in light of state legislation …
In re: Suboxone Antitrust Litigation (State of Wisconsin, et al. v. Indivior Inc, et al.) – Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin
District Court: E.D. Pennsylvania Status: Pending
In September 2016, 35 state attorneys general and the District of Columbia brought a multi-district case against pharmaceutical manufacturer Indivior, MonoSol RX et al., alleging …
In Re: Generic Pharmaceuticals Pricing Antitrust Litigation – Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin
District Court: Eastern District of Pennsylvania Status: Pending
Plaintiffs are attorney generals from 48 states, Puerto Rico, and the District of Columbia, as well as classes of private plaintiffs that filed an antitrust …
Additional Resources
STATE BUDGET
West Virginia’s fiscal year begins on July 1 and ends on June 30 of the following year. State agencies submit budget requests by September 1. Agency hearings are held September through November. The governor submits his or her proposed budget to the West Virginia State Legislature on or before the second Wednesday in January. A newly elected governor has until the second Wednesday in February. The legislature adopts a budget in March. A simple majority is required to pass a budget.
STATE LEGISLATURE
The state Legislature commences on the second Wednesday of January of each year (although this changes in years following the election of a new governor) and the session may not go beyond 60 calendar days unless extended by a concurrent resolution. West Virginia’s 34 Senators are elected to four year staggered terms, and Members of the House of Delegates for two year terms. Bills carry over from odd numbered to even numbered years.