Federal Court Decision Striking Down Certificate of Need Moratorium.

HB 5618 Text

skip navigation

SENATE

PRESIDENT

SENATORS

COMMITTEES

VIDEO/AUDIO

DISTRICT MAPS

SENATE CLERK

SENATE RULES

HOUSE

SPEAKER

DELEGATES

COMMITTEES

VIDEO/AUDIO

DISTRICT MAPS

HOUSE CLERK

HOUSE RULES

HOUSE STAFF

JOINT

INTERIM COMMITTEES

LEGISLATIVE ADMINISTRATOR

LEGISLATIVE SERVICES DIVISION

PUBLIC INFORMATION

LEGISLATIVE AUTOMATED SYSTEMS DIVISION

LEGISLATIVE AUDITOR'S OFFICE

PERFORMANCE EVALUATION & RESEARCH DIVISION

POST AUDIT DIVISION

BUDGET DIVISION

REGULATORY AND FISCAL AFFAIRS DIVISION

CLAIMS COMMISSION

CRIME VICTIMS

RULE-MAKING REVIEW

SPECIAL INVESTIGATIONS

JUDICIAL COMP. COMMISSION

JOINT RULES

STAFF INFO

BILL STATUS

BILL STATUS

BILL TRACKING

STATE LAW

WEST VIRGINIA CODE

ACTS OF THE LEGISLATURE

CODE OF 1931

WV CONSTITUTION

US CONSTITUTION

REPORTS

AGENCY REPORTS

AGENCY GRANT AWARDS

PERFORMANCE EVALUATIONS

POST AUDITS

EDUCATIONAL

CITIZEN’S GUIDE

INTERNSHIP PROGRAM

PAGE PROGRAM

PUBLICATIONS

PHOTO GALLERY

CAPITOL HISTORY

HOW A BILL BECOMES LAW

CONTACT

SENATE ROSTER

HOUSE ROSTER

PUBLIC INFO.

NEWS RELEASES

HELPFUL LINKS

Introduced Version

House Bill 5618 History

|
Email

Key:
Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
House Bill 5618
By Delegate Pushkin
[Introduced February 16, 2026; referred to the Committee on Health and Human Resources]
A BILL to amend and reenact §16B-13-12 of the Code of West Virginia, 1931, as amended, relating to removing the Certificate of Need moratorium on opioid treatment facilities.
Be it enacted by the Legislature of West Virginia:

ARTICLE 13. MEDICATION-ASSISTED TREATMENT PROGRAM LICENSING ACT.

§16B-13-12. Moratorium; certificate of need;
end date.

There is a moratorium on the licensure of new opioid treatment programs which do not have a certificate of need as of the effective date of the enactment of this section during the 2016 regular session of the Legislature which shall continue until the Legislature determines that there is a necessity for additional opioid treatment programs in West Virginia.
(a) The Legislature finds that
(1) A recent federal court decision in
Slaughter v. Edney
, No. 3:20-CV-789-CWR-ASH, 2024, that found that longstanding moratoria such as the 2016 moratorium against new certificates of need for opioid treatment centers violates the Fourteenth Amendment by maintaining a perpetual and absolute ban on new market entrants lacked a rational relationship to legitimate governmental interests such as cost control, quality assurance, or access to care.
(2) The same federal district court found that a longstanding moratorium can indicate Equal Protection considerations by categorically prohibiting new providers while allowing existing providers to continue operating, the moratorium effectively protected incumbent market participants and excluded similarly situated applicants without a sufficiently rational justification, functioning as a permanent barrier to market entry.
(b) For these reasons, the moratorium on the licensure of new opioid treatment programs which do not have a certificate of need that passed during the 2016 regular session of the Legislature which shall cease on July 1, 2026.

NOTE: The purpose of this bill is to provide an end date for the moratorium on the licensure of new opioid treatment programs which do not have a certificate of need.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

Bill Status
|

Bill Tracking
|

Legacy WV Code
|

Bulletin Board
|

District Maps
|

Senate Roster
|

House Roster
|

Live
|

Blog
|

Jobs
|

Links
|

Home

This Web site is maintained by the
West Virginia Legislature's Office of Reference & Information.
|
Terms of Use
|

Webmaster
| © 2026 West Virginia Legislature **

Print On Demand

Name:

Email:

Phone: