Conning the Competition

West Virginia requires CONs within five broad categories—hospital beds, beds outside hospitals, equipment, facilities and services. Overall, West Virginia maintains 44 CON requirements and an additional five moratoria. West Virginia’s moratoria prohibit: (1) opioid treatment programs; (2) adding beds in intermediate care facilities; (3) adding beds in intermediate care facilities for individuals with intellectual disabilities; (4) adding beds in skilled nursing homes; and (5) building or replacing skilled nursing facilities. West Virginia is the only state that maintains a moratorium on opioid treatment programs. W.Va. Code § 16-2D-9(4). West Virginia further maintains a catch-all CON. If no other CON applies to a specific project, this catch-all CON applies to expenditures of $5,508,217, as updated annually, for nearly any purpose. W.Va. §§ 16-2D-2(24), 16-2D-8(a)(3)(A).

COVID-19 Response

As of May 15, 2020, West Virginia had not suspended any CON requirements in response to COVID-19.

Application Process

In West Virginia, the CON application process takes 60 days after the date that the application is batched, and if a hearing is conducted, the state renders a decision within 45 days of the closing of the file in the administrative proceedings. See W. Va. Code § 16-2D-14; W. Va. Code R. § 65-32-8.32. Applications must be submitted based on a review cycle, W. Va. Code R. § 65-32-21, e.g., 2020 Review Cycles. Fees for the CON application range from $1,500–$35,000, W. Va. Code § 16-2D-13(b)(2). Competitors can intervene in the application process and can offer evidence or argument as to why an application should be denied. See W. Va. Code R. § 65-32-8.25; § 65-32-8.26.