Convicting CON

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Convicting CON: Putting West Virginia’s Certificate of Need Laws on Trial


From the Executive Director



What follows is the most comprehensive look into the various effects that certificate of need (CON) laws have on the healthcare system in West Virginia that has ever been produced.

Given the importance of health care in West Virginia, the Cardinal Institute felt it was critical to do a thorough dissection of the various distortions, unintended consequences, and negative side effects that CON laws create. Part research, part analysis, and part storytelling, this paper will give you an understanding of the pernicious effects of this archaic, outdated regulatory regime.

CON laws affect nearly all aspects of healthcare in West Virginia, from provision on the part of doctors, nurses, midwives, and hospitals to consumers looking to access life-saving procedures, hospital beds, and the latest technological innovations.

Thank you for taking the time to read through this analysis; the health of West Virginians
depends on it.

Garrett Ballengee
Executive Director, Cardinal Institute for West Virginia Policy


This paper is authored by Jessica Dobrinsky, Policy Development Associate for the Cardinal Institute for West Virginia Policy. 



Edited & updated 01-13-2023 to reflect changes in information surrounding the Hunt Club certificate of need process.