SENATE CONCURRENT RESOLUTION NO. 77
(By Senators Stollings, Jenkins, Hall, Yoder, McKenzie, Hunter
and Foster)
Requesting the Joint Committee on Government and Finance study the
certificate of need review process within the Health Care
Authority.
Whereas, The certificate of need review process was enacted by
the West Virginia Legislature in 1977 and became a part of the
Health Care Authority in 1983; and
Whereas, The certificate of need review process is intended to
be a regulatory element designed to assist the Health Care
Authority to control health care costs, improve the quality and
efficiency of the state's health care system, encourage
collaboration and develop a system of health care delivery
available to all of West Virginia's citizens; and
Whereas, Unless specifically exempted, all health care
providers in West Virginia must obtain a certificate of need prior
to the addition or expansion of health care services, to exceed
certain capital expenditures, to obtain major medical equipment or
to develop or acquire a new health care facility; and
Whereas, The structure of certificate of need review varies
widely from state to state and some states have either repealed or
limited the scope of the certificate of need review process; and
Whereas, In some respects the certificate of need review
process in West Virginia has substituted bureaucratic
decisionmaking for a free enterprise system; and
Whereas, Restructuring the certificate of need review process
to better account for cost containment with attention paid to
efficient allocation of scarce resources, the impact on effective
delivery of health care services, a greater attention to balancing
quality of care and service delivery with entrepreneurial insight
and patient preference, and a focus on availability of services to
the citizens of West Virginia through a more competitive free
market may be needed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the certificate of need review process within
the Health Care Authority; and, be it
Further Resolved, That the Joint Committee on Government and
Finance consider an alternative framework to the certificate of
need review process more centered on a free market in the delivery
of medical care in health care facilities and equipment; and, be it
Further Resolved, That the Joint Committee on Government and
Finance consult with experts in health care financing, West
Virginia Medical Association, the West Virginia Hospital
Association, the West Virginia Health Care Association and other
interested parties who may offer insight into the Certificate of Need review process; and, be it
Further Resolved, That Joint Committee on Government and
Finance report to the regular session of the Legislature, 2008, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.