HB2174 is a committee substitute that updates West Virginia law governing birthing centers. The bill amends the definition of a birthing center and keeps in place a licensing framework administered by the Office of Health Facility Licensure and Certification under the authority of the Inspector General. It requires operators to obtain a license, pay a $10 application fee, and comply with rules adopted by the Inspector General. Existing birthing centers, and those with a valid certificate of need as of the bill’s passage, are treated as approved and must receive a license within 30 days.
The bill also preserves the state’s enforcement and appeal process. Licenses may be suspended or revoked after notice and a hearing, with judicial review available through the West Virginia Intermediate Court of Appeals and then the Supreme Court of Appeals. Operating without a license remains a misdemeanor, and the Inspector General may seek injunctive relief to stop unlicensed operations. Several older statutory provisions are repealed, including provisions that had required insurance coverage for birthing center services and other outdated sections, while the bill directs the Inspector General to issue streamlined rules focused on adequate care and accommodations.
Impact
HB2174 would revise Article 20 of Chapter 16B by replacing older birthing-center provisions with a more current licensing structure and repealing multiple obsolete sections. It centralizes oversight in the Office of Health Facility Licensure and Certification and the Inspector General, while limiting rulemaking to simple, necessary provisions and expressly discouraging regulations that would burden development or licensure. The bill also preserves criminal penalties and civil enforcement tools for unlicensed operation, and it removes the prior statutory mandate requiring certain insurance policies to cover birthing center services and midwife care.
Sentiment
The bill appears generally supportive of birthing centers and their development. Its findings state that birthing centers serve the public interest by providing an alternative method of birth, and the rulemaking language is designed to avoid unnecessary barriers to licensure. No committee transcript or recorded vote information was provided, so there is no direct evidence of opposition or debate in the available materials. Based on the text alone, the measure reflects a pro-access, pro-regulatory-clarity approach rather than a restrictive one.
Contention
The main potential point of contention is the balance between oversight and flexibility. The bill keeps licensing and enforcement requirements in place, but it also limits the Inspector General’s ability to impose detailed operational rules, specifically rejecting regulations on matters like travel time to hospitals, refrigerator temperatures, or the number and kind of clocks in a facility. Another possible issue is the repeal of the insurance-coverage provisions for birthing center services and midwife care, which could affect patients, providers, and insurers. Because no discussion transcript or vote record is included, the specific positions of supporters and opponents are not documented in the provided materials.
An act to amend Sections 24801, 24826, 24827, 24830, 24862, and 24908 of, to repeal Section 24861 of, and to repeal and add Section 24863 of, the Public Utilities Code, relating to transportation.