PRESS RELEASE: New Report Reveals Certificate of Need Laws Limit Healthcare Access in West Virginia

CHARLESTON, W.Va. – The Cardinal Institute for West Virginia Policy releases a new research report examining how Certificate of Need (CON) laws restrict access to healthcare in the state, limiting patient options and exacerbating care disparities.

“With a focus on improving cost, quality and accessibility in healthcare, it didn’t take long to uncover the truth behind CON laws: they fail,” Cardinal Institute’s Chief of Staff Jessica Dobrinsky said. “Instead of fostering competition and innovation, they create barriers, drive up costs and limit patient access to essential care.”

The report, Convicting CON: DeCONstruction, reveals that CON laws, which require healthcare providers to obtain state approval before opening, expanding or offering new services, contribute to higher healthcare costs, limit competition and restrict access to quality care for West Virginia residents, especially those in rural areas.

“A full repeal of CON would be life changing for many rural West Virginians who currently experience long drive times to care or forgo care entirely,” Dobrinsky said. “To move our state forward, we must modernize our health system by allowing free-market principles to better respond to the needs and demand of patients.”

Originally enacted at the federal level in 1974, these laws aimed to prevent over-building and duplicative healthcare facilities and services. However, as CON proved to hinder progress and limited access to care, the federal government repealed its mandate in 1986. Despite this outcome, West Virginia has continued to enforce its CON program since 1977, remaining one of 35 states and Washington, D.C., that still enforces these regulations.

“Repealing CON has been my passion project,” Dobrinsky said. “Over the years, I’ve worked on it, I’ve spoken with countless local providers and patients struggling under the burdens of our current healthcare model. Many patients are forced to leave the state to access the care they need. It’s become increasingly clear to me that elimination isn’t just necessary—it’s urgent.”

Since 2020, Dobrinsky has been conducting in-depth research into the effects of CON policy and its impact on healthcare in West Virginia. The report is available on the Cardinal Institute’s website.

Founded in 2014, the Cardinal Institute for West Virginia Policy, Inc. is a 501c(3) non-profit dedicated to researching, developing, and communicating effective free-market public policies for West Virginia.

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