Certificate of Need

Certificate of Need (CON) is a state regulation requiring health practitioners to obtain prior approval from state regulators before offering certain medical equipment, such as MRIs and CT scanners, for use by patients. Certificate of Need laws still in place in thirty-five states, which require healthcare facilities to get permission from a government commission to expand or otherwise invest in additional medical equipment. These commissions are often stacked with representatives from existing hospitals, who have an incentive to restrict new supply and thus limit competition.[1][2][3]

During the 2019-2020 COVID-19 outbreak, CON laws became the subject of controversy due to their creating an unnecessary shortage of hospital beds.[4] According to the Mises Institute, "CON laws are one of countless government interventions limiting the supply of medical care in the US."[5] In response, several states moved to circumvent CON laws including Georgia, Tennessee, Iowa, Vermont, and Alabama.[6] [7][8][9][10]

Below is an unverified list of states that do and do not require a Certificate of Need as of 2005. Check with an attorney on the current law in your state.

## States requiring a Certificate of Need (as of 2005):[11][12][edit]

Alaska
Alabama
Arkansas
Delaware
Florida
Georgia
Hawaii
Illinois
Iowa
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New York
North Carolina
Ohio
Oklahoma
Oregon
Rhode Island
South Carolina
Tennessee
Virginia
Washington
West Virginia
Wisconsin

Also, the District of Columbia requires a Certificate of Need

## States not requiring a Certificate of Need (as of 2005)[edit]

Arizona
California
Colorado
Idaho
Indiana
Kansas
Minnesota
New Mexico
North Dakota
Pennsylvania
South Dakota
Texas
Utah
Wyoming

## References[edit]

1. ↑ How the Left Is Trying to Blame Capitalism for COVID-19 Deaths, Bradley Thomas, misis.org
2. ↑ Competition in Health Care and Certificates of Need, "Many CON programs trace their origin to a repealed federal mandate, the National Health Planning and Resources Development Act of 1974, which offered incentives for states to implement CON programs."
3. ↑ See also crony capitalism
4. ↑ America's hospitals are unprepared for coronavirus — here's why you should blame government
5. ↑ How the Left Is Trying to Blame Capitalism for COVID-19 Deaths
6. ↑ Gov. Reynolds issues State of Public Health Disaster Emergency
7. ↑ State of Tennessee Executive Order
8. ↑ Kemp Backs Bid For Certificate-Of-Need Changes, Gets House Panel OK On Waiver Plan
9. ↑ Certificate of Need Bulletin 002
10. ↑ Proclamation by the Governor
11. ↑ Map and list as of September 2007 of Certificate of Need states
12. ↑ detailed list of state-by-state requirements as of 2003