A recent op-ed in the Gazette-Mail titled "In wake of cuts, WV must repeal certificate of need" from an operative at the Cardinal Institute suggested West Virginia should respond to upcoming Medicaid cuts by repealing Certificate of Need laws. This misguided proposal would harm the very communities it claims to help.
Here's what's at stake: as Medicaid cuts loom over hospitals and communities, Certificate of Need laws are our best defense against health care becoming a luxury good available only to those who can afford it. When the Cardinal Institute's Chief of Staff attacks these protections as coddling "inefficient providers," they're not just wrong, they're ignoring the real-world consequences for working families across our state.
Our Certificate of Need framework protects health care access for every West Virginian by fostering a collaborative system where care decisions are based on community needs, serving everyone, rather than ability to pay.
Our state's Certificate of Need program safeguards community health care by matching hospital services to actual population needs. This careful planning prevents costly duplication of services while maintaining the reliable health care infrastructure that communities depend on.
The push to eliminate Certificate of Need isn't grassroots, it's bankrolled by shadowy out-of-state interests who argue free market principles. Don't be fooled by their talk of helping rural hospitals; they're after profits that will leave West Virginia behind.
The Cardinal Institute champions “competition†while ignoring economic reality. If 75% of hospital payments come from Medicaid, Medicare and PEIA at below-cost rates, what kind of competition are they promoting? One that serves only the profitable quarter of patients with commercial insurance?
Here's what's actually happening: emergency rooms throughout West Virginia must treat everyone who walks through their doors, regardless of ability to pay. And that's exactly how it should be. This shows how health care operates differently from typical market-based systems - hospitals are focused on reaching every West Virginian, not just those who can afford it.
The Cardinal Institute claims eliminating Certificate of Need laws would "stretch resources without sacrificing quality." However, removing these protections would likely attract cherry-picking providers who serve only profitable, commercially-insured patients. This would leave existing hospitals—which serve all patients regardless of coverage—to shoulder the financial burden of caring for those with governmental insurance. The inevitable result would be service cuts, quality deterioration, and potential hospital closures in West Virginia communities.
To put it another way: if you're rich, you'll be fine. If not, good luck.
The Cardinal Institute dismisses our health care providers as "inefficient providers that aren't meeting community needs." This is a callous and direct attack on your neighbors. They're talking about your physicians and your nurses – the 54,000 West Virginians you know and trust when it comes to your health and the health of your loved ones. These are the same people working in our community hospitals that you turn to in times of crisis — such as an auto accident, a heart attack, or a community flood. Hospitals serve as cornerstones of community well-being, offering support that reaches beyond the four walls and into your neighborhood and community.
These out-of-state interests are just fine with your community hospital closing in the name of "free market" doctrine. When your loved ones lose access to health care, out-of-state interests like the Cardinal Institute will shrug and move on to their next target, having fleeced West Virginia's communities. For them, it's shareholders over mothers, fathers, children, and families. It's profit over quality. It's dividends over community.
We can't let that happen. We won't be fooled. Certificate of Need laws provide the predictability and stability our health care system needs, especially as federal funding faces uncertainty. Rather than dismantling protections that ensure health care access for all West Virginians, we should strengthen our commitment to comprehensive, community-based care.
We'll continue to stand with West Virginia's health care providers and the communities they serve. Certificate of Need isn't just good policy—it's essential to protecting health care access for every West Virginian, regardless of their ability to pay.
Jim Kaufman is president and CEO of the West Virginia Hospital Association.