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Heart to Heart

I’m writing this on Valentine’s Day, three days into the 60-day legislative session, and if Gov. Patrick Morrisey and some members of the Republican caucus in the House of Delegates have love for each other, I’m having a hard time seeing the floating hearts.

Morrisey presented his first State of the State address Wednesday night to a joint session of the West Virginia Legislature, but even before he presented his legislative agenda, I was hearing consternation from House Republicans about pressure from those in the Morrisey administration.

In fact, one thing I noticed Friday is that most of the bills introduced on behalf of Morrisey have been introduced in the state Senate. Traditionally, bills requested by the governor are introduced in both the House and the Senate. That tells me that the Governor’s Office sees the Senate as friendly territory.

Take Morrisey’s plan to eliminate the state’s certificate of need (CON) program that regulates the number of health care facilities in the state.

“West Virginia needs a much more competitive health care environment,” Morrisey said during his State of the State address. “We must repeal Certificate of Need mandates and allow innovation and entrepreneurship to take root. … Repealing these laws will help West Virginians, especially in rural parts of the state access more personalized health care. It will fast track new private practices, urgent care, and other facilities. It will be a huge shot in the arm for outpatient items and services.”

On Thursday, Senate Bill 453 was introduced on Morrisey’s behalf, repealing the certificate of need process. The bill would eliminate the state Health Care Authority and its certificate of need program by Jan. 1, 2026.

I won’t get into the arguments for or against repeal of CON. I largely think the worst-case scenario that the West Virginia Hospital Association paints of rural hospitals shutting down across the state and replaced with lower quality health care options if CON is repealed goes too far. The biggest effect of CON repeal could be in border counties, though, with larger hospital groups trying to come into the state.

Then again, I don’t think repeal of CON is the silver bullet that supporters think it will be. It might provide more competition, better access, and lower costs. But also, with the state’s unhealthy population combined with many people being on Medicare, Medicaid, and PEIA with their low reimbursement rates, why would anyone want to start a new health care enterprise in this state? CON repeal on its own could do absolutely nothing.

But Morrisey campaigned on repealing CON. He was supported in the Republican primary for governor last year by conservative groups, such as the West Virginia Chapter of Americans for Prosperity, that advocate for CON repeal. And Morrisey told both the House and Senate Republican caucuses last week that he wants a CON repeal on his desk.

CON repeal supporters truly believe this is the year for CON repeal and they’re starting with the Senate first. AFP-WV is putting a six-figure ad buyout to encourage lawmakers to support CON repeal. The conservative Cardinal Institute for West Virginia Policy recently presented one to lawmakers along with Pacific Legal Foundation, a national conservative free market advocacy organization.

Now that former Senate Health Committee chairman Dr. Mike Maroney is gone and that Senate Majority Leader Dr. Tom Takubo has been demoted, CON repeal supporters believe it can pass the Senate. It also helps that new Senate Health Committee Chairwoman Laura Wakim Chapman is now in place. She was a Morrisey supporter in the primary and was present for his candidate filing last January.

It is the House that presents the biggest hurdle for CON repeal supporters. While former House Health and Human Resources Committee chairwoman Amy Summers, a registered nurse, was a vocal supporter of CON repeal, CON repeal bills have always had a hard time in the House.

One attempt in 2022 failed in a narrow 12-10 vote in committee. Last year, Summers was able to get a CON repeal bill out of her committee only for it to be parked on the House’s inactive calendar for the remainder of the 2024 session.

Opponents of CON repeal, such as the West Virginia Hospital Association, began raising the alarm bells in January. And lawmakers, such as Del. Scot Heckert, R-Wood, published an op-ed opposing CON repeal. But this apparently raised the ire of one John Findlay, Morrisey’s director of intergovernmental and political affairs, who allegedly threatened Heckert with finding someone to primary him in 2026 if he doesn’t support CON repeal.

If true, that was sure dumb. But I’ve been told that other pressure has been exerted against Republican lawmakers, especially in the House where CON repeal support is thin. And House Republicans are not happy about it.

I think the Morrisey administration might be getting the message, because they brought back a friendly face — Daryl Cowles, a former majority leader of the House and legislative liaison for former governor Jim Justice — to also represent Morrisey’s legislative agenda. But if I were Morrisey, I’d have a talk with Findlay about using the carrot rather than the stick.

Unrelated to CON repeal, another person unhappy with Morrisey is House Standing Finance Committee Chairman Vernon Criss, R-Wood.

He’s not happy with Morrisey and his revenue people throwing former governor Justice and the Legislature under the bus for the way it has done the general revenue budget over the years. He does not agree with the assessment by Morrisey’s team that there is a $400 million hole in the fiscal year 2026 general revenue budget beginning in July. And he is skeptical of the budget bill Morrisey put forward last Wednesday that balances that budget with targeted cuts, department consolidations, and some one-time monies.

To give you an idea of how unhappy Criss is with Morrisey, he openly refers to Morrisey as “the gentleman from New Jersey,” a nod to Morrisey’s childhood home state. When the House adopted a resolution by voice vote Wednesday afternoon to formally invite Morrisey to give his State of the State address, Criss was the only vocal nay vote. And during Morrisey’s State of the State address that evening, Criss refused to stand or clap.

This year, it is the House’s turn to take the lead on crafting the Legislature’s answer to Morrisey’s general revenue budget. That means that if Morrisey wants his budget to remain mostly intact, he might want to work on his relationship with Criss.

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