W. Va. Code » §16-2D-9. Health services that cannot be developed.
West Virginia Code

W. Va. Code § 16-2D-9 (2026)

Health services that cannot be developed

✓ current as of May 2026
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ARTICLE 2D. CERTIFICATE OF NEED.

§16-2D-9. Health services that cannot be developed.

Notwithstanding §16-2D-8 and §16-2D-11 of this code, these health services require a certificate of need but the authority may not issue a certificate of need to:

(1) A health care facility adding intermediate care or skilled nursing beds to its current licensed bed complement, except as provided in §16-2D-11 of this code;

(2) A person developing, constructing, or replacing a skilled nursing facility except in the case of facilities designed to replace existing beds in existing facilities that may soon be deemed unsafe or facilities utilizing existing licensed beds from existing facilities which are designed to meet the changing health care delivery system;

(3) Add beds in an intermediate care facility for individuals with an intellectual disability, except that prohibition does not apply to an intermediate care facility for individuals with intellectual disabilities beds approved under the Kanawha County Circuit Court order of August 3, 1989, civil action number MISC-81-585 issued in the case of E.H. v. Matin, 168 W.V. 248, 284 S.E. 2d 232 (1981) including the 24 beds provided in §16-2D-8 of this code;

(4) An opioid treatment program: Provided, That an opioid treatment program that is an approved clinical trial, with institutional review board approval, for the study of office-based methadone versus buprenorphine to address retention in medication for opioid use disorder treatment may be developed for the limited purposes of conducting the clinical trial and shall be limited to the time frame set forth in the clinical trial, after registering with the Board of Pharmacy: Provided, however, That this exemption only permits one program to participate once in CTN-0131; and

(5) Add licensed substance abuse treatment beds in any county which already has greater than 250 licensed substance abuse treatment beds.

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1985–2026 · leading case: Princeton Cmty. Hosp. v. State Health Plan., 328 S.E.2d 164 (W. Va. 1985).
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Princeton Cmty. Hosp. v. State Health Plan., 328 S.E.2d 164 (W. Va. 1985). · cites it 5× “The general rule is stated in West Virginia Code § 16-2D-9(b) (Supp.1984), which provides in pertinent part that, “a certificate of need may only be issued if the proposed new institutional health service is: (1) Found to be needed; and (2) Except in emergency circumstances that…”
St. Mary's Hosp. v. State Health Plan. & Dev. Agency, 364 S.E.2d 805 (W. Va. 1987). · cites it 3× “The Appellee SHPDA’s remand decision to grant a certificate of need is, therefore, both in violation of the requirements of the certificate of need statute and in excess of its statutory authority, Code § 29A-5-4(g)(lH2), and the decisions below must be reversed.”
Clean & Clear Advantage, LLC v. West Virginia Dep't of Health, Off. of Health Facility Licensure & Certification, No. 25-ICA-298 (June 9, 2026). · cites it 15× “2 In March of 2023, the Legislature amended West Virginia Code § 16-2D-9, eliminating certain exemptions that allowed some facilities to operate without obtaining a certificate of need.”
United Hosp. Ctr., Inc. v. Richardson, 328 S.E.2d 195 (W. Va. 1985). “” Furthermore, W.Va.Code, 16-2D-9(1) [1981], provides, in part: If the state agency fails to make a decision within the time period specified for the review, the applicant may, within one year following the expiration of such period, bring an action, at the election of the…”
Fam. Med. Imaging, LLC v. West Virginia Health Care Auth., 624 S.E.2d 493 (W. Va. 2005). · cites it 2× “Neither the State Health Planning and Development Agency nor a reviewing tribunal is statutorily empowered to issue a certificate of need without clear findings and conclusions of compliance with both requirements.”
Fairmont Gen. Hosp., Inc. v. United Hosp. Ctr., Inc., 624 S.E.2d 797 (W. Va. 2005). · cites it 10× “In its decision, the Authority considered the statutory requirements set forth in W. Va.Code § 16-2D-9(b) (1999), which declares that “[a] certificate of need may only be issued if the proposed new institutional health service is: (1) Found to be needed; and (2) Except in…”
War Mem'l Hosp. v. The West Virginia Health Care Auth., No. 21-0901 (W. Va. Mar. 27, 2023). “Code § 16 -2D-8 (2021) (“(a) Except as provided in § 16-2D-9, § 16- 2D-10, and § 16-2D-11 of this code, the following proposed health services may not be 2 Id.”
War Mem'l Hosp. v. The West Virginia Health Care Auth., No. 21-0901 (W. Va. Mar. 27, 2023). “Code § 16 -2D-8 (2021) (“(a) Except as provided in § 16-2D-9, § 16- 2D-10, and § 16-2D-11 of this code, the following proposed health services may not be 2 Id.”
W. Va. Code § 16-2D-9(1): 1 case
United Hosp. Ctr., Inc. v. Richardson, 328 S.E.2d 195 (W. Va. 1985). “” Furthermore, W.Va.Code, 16-2D-9(1) [1981], provides, in part: If the state agency fails to make a decision within the time period specified for the review, the applicant may, within one year following the expiration of such period, bring an action, at the election of the…”
W. Va. Code § 16-2D-9(5): 1 case
Clean & Clear Advantage, LLC v. West Virginia Dep't of Health, Off. of Health Facility Licensure & Certification, No. 25-ICA-298 (June 9, 2026). “2 In March of 2023, the Legislature amended West Virginia Code § 16-2D-9, eliminating certain exemptions that allowed some facilities to operate without obtaining a certificate of need.”
W. Va. Code § 16-2D-9(b): 4 cases
Princeton Cmty. Hosp. v. State Health Plan., 328 S.E.2d 164 (W. Va. 1985). “The general rule is stated in West Virginia Code § 16-2D-9(b) (Supp.1984), which provides in pertinent part that, “a certificate of need may only be issued if the proposed new institutional health service is: (1) Found to be needed; and (2) Except in emergency circumstances that…”
St. Mary's Hosp. v. State Health Plan. & Dev. Agency, 364 S.E.2d 805 (W. Va. 1987). “The Appellee SHPDA’s remand decision to grant a certificate of need is, therefore, both in violation of the requirements of the certificate of need statute and in excess of its statutory authority, Code § 29A-5-4(g)(lH2), and the decisions below must be reversed.”
Fam. Med. Imaging, LLC v. West Virginia Health Care Auth., 624 S.E.2d 493 (W. Va. 2005). “Neither the State Health Planning and Development Agency nor a reviewing tribunal is statutorily empowered to issue a certificate of need without clear findings and conclusions of compliance with both requirements.”
Fairmont Gen. Hosp., Inc. v. United Hosp. Ctr., Inc., 624 S.E.2d 797 (W. Va. 2005). “In its decision, the Authority considered the statutory requirements set forth in W. Va.Code § 16-2D-9(b) (1999), which declares that “[a] certificate of need may only be issued if the proposed new institutional health service is: (1) Found to be needed; and (2) Except in…”
W. Va. Code § 16-2D-9(b)(1): 1 case
Fairmont Gen. Hosp., Inc. v. United Hosp. Ctr., Inc., 624 S.E.2d 797 (W. Va. 2005). “In its decision, the Authority considered the statutory requirements set forth in W. Va.Code § 16-2D-9(b) (1999), which declares that “[a] certificate of need may only be issued if the proposed new institutional health service is: (1) Found to be needed; and (2) Except in…”
W. Va. Code § 16-2D-9(b)(2): 1 case
Fairmont Gen. Hosp., Inc. v. United Hosp. Ctr., Inc., 624 S.E.2d 797 (W. Va. 2005). “In its decision, the Authority considered the statutory requirements set forth in W. Va.Code § 16-2D-9(b) (1999), which declares that “[a] certificate of need may only be issued if the proposed new institutional health service is: (1) Found to be needed; and (2) Except in…”
W. Va. Code § 16-2D-9(b)(l): 1 case
St. Mary's Hosp. v. State Health Plan. & Dev. Agency, 364 S.E.2d 805 (W. Va. 1987). “The Appellee SHPDA’s remand decision to grant a certificate of need is, therefore, both in violation of the requirements of the certificate of need statute and in excess of its statutory authority, Code § 29A-5-4(g)(lH2), and the decisions below must be reversed.”
W. Va. Code § 16-2D-9(d): 1 case
Fairmont Gen. Hosp., Inc. v. United Hosp. Ctr., Inc., 624 S.E.2d 797 (W. Va. 2005). “In its decision, the Authority considered the statutory requirements set forth in W. Va.Code § 16-2D-9(b) (1999), which declares that “[a] certificate of need may only be issued if the proposed new institutional health service is: (1) Found to be needed; and (2) Except in…”
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