W. Va. Code » §16-2D-1. Legislative findings.
West Virginia Code

W. Va. Code § 16-2D-1 (2026)

Legislative findings

✓ current as of May 2026
Find cases: SyfertCases citing this section WV-LEGwvlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
ARTICLE 2D. CERTIFICATE OF NEED.

§16-2D-1. Legislative findings.

It is declared to be the public policy of this state:

(1) That the offering or development of all health services shall be accomplished in a manner which is orderly, economical and consistent with the effective development of necessary and adequate means of providing for the health services of the people of this state and to avoid unnecessary duplication of health services, and to contain or reduce increases in the cost of delivering health services.

(2) That the general welfare and protection of the lives, health and property of the people of this state require that the type, level and quality of care, the feasibility of providing such care and other criteria as provided for in this article, including certificate of need standards and criteria developed by the authority pursuant to provisions of this article, pertaining to health services within this state, be subject to review and evaluation before any health services are offered or developed in order that appropriate and needed health services are made available for persons in the area to be served.

Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 1985–2025 · leading case: West Virginia Health Care Cost Review Auth. v. Boone Mem'l Hosp., 472 S.E.2d 411 (W. Va. 1996).
Sort: Relevance Newest Treatment
West Virginia Health Care Cost Review Auth. v. Boone Mem'l Hosp., 472 S.E.2d 411 (W. Va. 1996). · cites it 2× “Based on the foregoing, OHA held “the Hospital’s proposed provision of stationary CT services is not a new institutional health service within the plain meaning of W. Va.Code § 16-2D-1, et seq. ... [and, thus,] not subject to CON review.”
St. Mary's Hosp. v. State Health Plan. & Dev. Agency, 364 S.E.2d 805 (W. Va. 1987). · cites it 2× “W.Va.Code § 16-2D-1 et seq. (1985 Replacement Vol.”
Princeton Cmty. Hosp. v. State Health Plan., 328 S.E.2d 164 (W. Va. 1985). · cites it 2× “Pursuant to the requirements of West Virginia Code § 16-2D-1 et seq. (1979 Replacement Vol. & Supp.”
Dom. Violence Survivors' Support Grp., Inc. v. West Virginia Dep't of Health & Human Resources, 797 S.E.2d 543 (W. Va. 2017). · cites it 2× “See W.Va. Code §§ 16-2D-1 to -20 (2016) (establishing criteria for CON and providing procedures for approval).”
West Virginia Advocates for the Developmentally Disabled v. Casey, 364 S.E.2d 8 (W. Va. 1987). · cites it 2× “See W.Va.Code § 16-2D-1 to -15. The petitioner, WVADD, sought and was granted “affected person” status.”
Fam. Med. Imaging, LLC v. West Virginia Health Care Auth., 624 S.E.2d 493 (W. Va. 2005). · cites it 4× “[5] A certificate of need refers to "a document issued by [the Authority] which indicates that a proposed new institutional health service is in compliance with the intent, purposes and provisions of W. Va.Code § 16-2D-1 et seq., and that a need exists for the proposed new…”
Fairmont Gen. Hosp., Inc. v. United Hosp. Ctr., Inc., 624 S.E.2d 797 (W. Va. 2005). · cites it 20× “he construction of UHC’s replacement hospital eight miles from the hospital to be replaced is “consistent with the state health plan” and concentrate their advocacy on the intent of that phrase, we believe the first issue to be considered is the threshold determination of…”
Amedisys West Virginia, LLC v. Pers. Touch Home Care of W. Vir., Inc. (W. Va. 2021). · cites it 7× “Where the State Health Plan Home Health Services Standards were promulgated by the West Virginia Health Care Authority (formerly the West Virginia Health Care Cost Review Authority) pursuant to a legislative grant of authority, West Virginia Code §§ 16-2D-1 to -20 (2016 & Supp.…”
Stonewall Jackson Mem'l Hosp. Co. v. St. Joseph's Hosp. of Buckhannon, Inc. d/b/a St. Joseph's Hosp. (2023). · cites it 5× “Stonewall contends: (1) the Authority incorrectly relied on West Virginia Code § 16-2D-1 (2017); 7 (2) the Authority misapplied 5 This case is an appeal to this Court even though the decision of the Authority was entered prior to June 30, 2022.”
Putnam Cnty. Aging Prog., Inc., Fayette Cnty. Senior Programs & Summers Cnty. Council on Aging v. Panhandle Support Servs., Inc.; A Special Touch In Home Care, LLC; Vill. Caregiving, LLC; Elder Aide Servs., LLC, d/b/a Right At Home; & S. Home Care Servs., Inc., d/b/a All Ways Caring HomeCare, & West Virginia Health Care Auth. (2025). · cites it 3× “CONs are governed by West Virginia Code §§ 16-2D-1 to -20, which includes a number of provisions outlining CON definitions, powers and responsibility of the Authority related to CONs, the CON application process, standards by which CONs are to be reviewed, and how CON review…”
War Mem'l Hosp. v. The West Virginia Health Care Auth. (W. Va. 2023). “§§ 16-2D-1 to -20 (2021). Further, there is no mention of a “hospital’s primary location” in the legislative rule which “establishes the general criteria and procedures for applying for an exemption from Certificate of Need.”
War Mem'l Hosp. v. The West Virginia Health Care Auth. (W. Va. 2023). “§§ 16-2D-1 to -20 (2021). Further, there is no mention of a “hospital’s primary location” in the legislative rule which “establishes the general criteria and procedures for applying for an exemption from Certificate of Need.”
W. Va. Code § 16-2D-1(1): 1 case
Amedisys West Virginia, LLC v. Pers. Touch Home Care of W. Vir., Inc. (W. Va. 2021). “Where the State Health Plan Home Health Services Standards were promulgated by the West Virginia Health Care Authority (formerly the West Virginia Health Care Cost Review Authority) pursuant to a legislative grant of authority, West Virginia Code §§ 16-2D-1 to -20 (2016 & Supp.…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.