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CON laws, which vary from state to state, establish criteria health care organizations must meet to open or expand operations. The purpose of CON laws is to ensure the addition of health care services to an area is “necessary” and will not duplicate existing available services. They are also intended to control rising health care costs by limiting saturation in a single area.

The Eye Surgery Center in South Burlington has two ORs and will be able perform up to 25 eye surgeries per day. Approval of the ASC’s CON came with restrictions, including limits on the number of opthalmologists the center may employ and the number of procedures it can perform. The Eye Surgery Center is also required to offer charitable services.

The ASC faced intense opposition from three area hospitals. Following the center’s CON approval, the Vermont Association of Health and Hospital Systems acted quickly to propose legislation which would place a five-year moratorium be put in place for ASCs in the state, according to the Burlington Free Press. 

While the legislation was not accepted, it resulted in further clarifications to the state’s CON law. Future organizations applying for a CON will now have their proposal weighed against the possible impact of costs to the state’s health care system and current health care providers.