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W. Va. Code §16-2D-8 - Proposed health services that require a certificate of need (with definitions at §16-2D-2)

West VirginiastatuteWest Virginia Health Care Authority / Bureau for Medical Services (WV DHHR)

What this rule requires your agency to do

  • 1The provider must obtain a certificate of need before establishing a home health agency in West Virginia. (W. Va. Code §16-2D-8(b)(21))(W. Va. Code §16-2D-8 - Proposed health services that require a certificate of need (with definitions at §16-2D-2))
  • 2To qualify as a home health agency, the organization must be primarily engaged in providing professional nursing services (directly or by contract) together with at least one of home health aide services, physical therapy, speech therapy, occupational therapy, nutritional services, or medical social services to persons in their place of residence on a part-time or intermittent basis. (W. Va. Code §16-2D-2)(W. Va. Code §16-2D-2)
  • 3The agency must obtain a certificate of need before expanding the service area of an existing home health agency or hospice. (W. Va. Code §16-2D-8(a)(11))(W. Va. Code §16-2D-8 - Proposed health services that require a certificate of need (with definitions at §16-2D-2))
  • 4A personal care agency must be an entity whose provision of personal care services is approved by the Bureau for Medical Services. (W. Va. Code §16-2D-2)(W. Va. Code §16-2D-2)
  • 5The provider must obtain a certificate of need before providing personal care services. (W. Va. Code §16-2D-8(b)(22))(W. Va. Code §16-2D-8 - Proposed health services that require a certificate of need (with definitions at §16-2D-2))

Applies to: home health agencies; personal care agencies

West Virginia does not have a stand-alone home care / personal care agency licensure rule; instead, entry is gated by the Certificate of Need (CON) statute. W. Va. Code §16-2D-8 requires a certificate of need before establishing a home health agency, providing personal care services, or expanding a home health/hospice service area, and §16-2D-2 defines home health agencies, personal care services, and personal care agencies (the latter being entities approved by the Bureau for Medical Services).

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.