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February 19, 2021
In this Research & Commentary, Christina Herrin evaluates a bill moving through the West Virginia Legislature that may repeal West Virginia's certificate of need laws.
West Virginia is one of 35 states that enforces outdated certificate of need (CON) laws. In simple terms, CON laws require government approval before health care facilities can expand existing operations, such as adding new beds, or open new health care facilities. The intent of CON laws is to control costs by reducing duplication of services, but the reality is quite the contrary.
According to the Kaiser Family Foundation, states operating with CON laws have health care costs that are on average 11 percent higher than states operating without CON. However, the negative impact of CON laws extends far beyond higher health care costs.