An attempt to revive House Bill 2007, which aimed to repeal West Virginia’s certificate of need (CON) program for health care services, failed in the House of Delegates on Friday. The effort to bring the bill back to the floor led to a heated debate over parliamentary procedure.
Failed Motion to Discharge HB 2007
Del. Chris Anders, R-Berkeley, made a motion to discharge HB 2007 from committee, seeking to bring it to the full House for consideration. The bill, introduced on behalf of Gov. Patrick Morrisey, was designed to eliminate the CON program and the state Health Care Authority by January 1, 2026. The proposal also maintained restrictions on new nursing home facilities, substance use treatment beds, and other specified services.
Despite Anders’ argument that repealing CON would “end the government-created monopoly on health care” and improve access and affordability, the motion to discharge failed in a 16-74 vote, with 10 members absent or not voting.
Legislative Battle Over Procedure
HB 2007 had previously been defeated in the House Health and Human Resources Committee in a 12-13 vote on February 24. That same evening, committee members voted against reconsidering the bill, effectively blocking further debate.
With the deadline for bills to pass from the House to the Senate approaching, Anders’ motion was a last-ditch effort to revive the bill. However, Del. Carl Martin, R-Upshur, moved to table the discharge motion, which, under House Rule 55, should have ended the discussion.
Dispute Over House Rules
House Speaker Pro Tempore Matthew Rohrbach, R-Cabell, ruled that the motion to table was not in order, citing Mason’s Manual of Legislative Procedure—a guide frequently used in legislative bodies. This decision sparked strong objections from several lawmakers, who argued that the House’s own rules should take precedence.
- Del. Adam Vance, R-Wyoming, questioned why similar motions to table had been allowed earlier in the week.
- Del. Brandon Steele, R-Raleigh, challenged Rohrbach’s ruling, insisting that House rules should override Mason’s Manual.
- House Judiciary Chairman JB Akers, R-Kanawha, supported Steele, arguing that Mason’s Manual should only be used when House rules are unclear.
- Del. Jim Butler, R-Mason, urged members to uphold the rules they had adopted at the beginning of the session.
Despite these objections, the House voted 58-31 to uphold Rohrbach’s ruling, allowing the discharge motion to proceed. However, Anders’ motion to discharge HB 2007 was ultimately defeated.
Fallout and Unexpected Victories
Following the CON bill’s failure, House Democrats took the opportunity to introduce their own discharge motions. One motion succeeded—House Bill 3270, which proposes drug testing for legislators, was discharged from the House Judiciary Committee and sent to the House Finance Committee.
House Minority Whip Shawn Fluharty, D-Ohio, the bill’s lead sponsor, took a jab at the day’s proceedings, saying,
“After watching this fiasco, I believe West Virginians want to see us follow through with the same standards they have to meet for their jobs.”
As legislative deadlines loom, the battle over health care policy and procedural fairness in West Virginia’s House continues to unfold.
