West Virginia Senate Bill SB576

West Virginia 2026 Regular Session

• Introduced: 1/22/26
• Refer: 1/22/26

Caption

Relating to powers and duties of Secretary of Department of Health Facilities

Summary

Senate Bill 576 would amend West Virginia law governing the Secretary of the Department of Health Facilities. The bill requires the secretary to continue managing, directing, controlling, and operating state-owned health facilities, and it reinforces existing duties related to protecting client rights, coordinating with other health-related agencies, implementing performance indicators for state hospitals, and cooperating with the Office of the Inspector General. It also preserves the secretary’s authority to acquire, hold, and transfer property for state hospital use, accept donations and federal funds, and transfer residents between facilities. The bill’s central policy change is to restrict privatization or divestiture of certain state-owned behavioral health and hospital facilities. It provides that the secretary may not convey, dispose of, lease, sell, or otherwise divest the operations of, or the real property and improvements directly related to, Mildred Mitchell-Bateman Hospital, Welch Community Hospital, or William R. Sharpe Jr. Hospital to a private buyer without approval by an act of the Legislature. The bill also states that the secretary must continue carrying out these duties for each state-owned health facility operated under the relevant state health facilities framework unless the Legislature provides otherwise.

Impact

SB576 would amend §26-1-3 of the West Virginia Code and would place a statutory limit on the Department of Health Facilities’ ability to privatize or transfer control of specified state-owned hospitals and related property. It would preserve legislative oversight by requiring affirmative legislative approval before any sale, lease, or other divestment of the operations or real estate of the named facilities. The bill would also reaffirm the department secretary’s ongoing operational responsibilities for state-owned health facilities and maintain existing authorities over property acquisition, federal funding, resident transfers, and interagency service agreements.

Sentiment

Based on the bill text and the absence of recorded committee testimony or votes in the provided materials, the overall sentiment appears to favor continued public operation and legislative control over major changes to state hospital assets. The bill’s sponsors appear to be supporting a protective, oversight-oriented approach to state-owned health facilities. No contrary committee positions, amendments, or recorded votes are available here to indicate organized opposition or support beyond the bill’s stated purpose.

Contention

The main point of contention is likely the restriction on the Secretary’s ability to sell, lease, or otherwise divest the operations or real property of the three named hospitals without legislative approval. Supporters would likely view this as necessary to prevent privatization and preserve public control of critical health facilities, while opponents could argue it reduces administrative flexibility and complicates efforts to restructure or finance facility operations. Another possible issue is the bill’s focus on specific facilities, which may raise questions about why those hospitals are singled out and whether similar restrictions should apply to other state-owned health facilities.