37 state measures that targeted healthcare consolidation, competition in 2025

Advertisement

State lawmakers moved aggressively in 2025 to reshape the healthcare marketplace, enacting a wave of legislation aimed at tightening oversight of consolidation, limiting noncompete agreements, curbing private equity influence and revising certificate-of-need laws.

Here are 37 enacted bills related to consolidation and competition, based on data from the National Conference of State Legislatures:

Arkansas

  • H 1653: Updates licensing rules for psychiatric residential treatment facilities and allows exceptions to bed-capacity moratoriums.
  • S 139: Limits enforceability of noncompete agreements for certain licensed medical professionals.

California

  • S 351: Bars private equity and hedge funds from interfering in physicians’ and dentists’ clinical decision-making.

Colorado

  • S 126: Requires state-level filing of federal merger notifications with the attorney general.
  • S 83: Prohibits contracts that restrict providers from informing patients about care options or practice changes.

Connecticut

  • H 7067: Revises emergency CON processes for hospital ownership transfers tied to bankruptcy.

District of Columbia

  • B 25: Exempts certain telehealth and outpatient providers from CON requirements.

Illinois

  • H 1431: Requires hospitals to disclose facility fees for outpatient services.

Indiana

  • H 1666: Expands reporting and oversight of healthcare ownership and mergers.
  • S 119: Allows attorney general review of certificate-of-public-advantage applications with state health officials.
  • S 475: Restricts enforcement of physician noncompete agreements after employment ends.

Iowa

  • H 887: Removes birth centers from CON requirements.
  • H 919: Establishes licensing standards for nonprofit children’s specialty hospitals and exempts them from CON.
  • H 933: Allows pediatric palliative care centers to offer hospice services without CON approval.

Kentucky

  • H 305: Expands eligible healthcare credentials and removes certain EMS CON requirements.
  • H 90: Establishes licensure and standards for freestanding birthing centers.

Maine

  • H 1036: Creates a commission to review healthcare transaction oversight and CON laws.
  • S 416: Imposes a moratorium on private equity and real estate trust ownership of hospitals.

Minnesota

  • H 3: Requires advance notice and disclosures for nonprofit nursing home or assisted living facility sales to for-profit entities.

Montana

  • H 620: Limits post-employment noncompete agreements for healthcare providers.
  • S 88: Updates CON application and public notice processes.

New Hampshire

  • S 172: Prohibits enforcement of certain contract restrictions on advanced practice registered nurses.

New Jersey

  • S 4263: Orders a state study on inpatient commitment bed capacity and CON requirements.

New Mexico

  • H 586: Expands oversight and enforcement authority under the state’s Healthcare Consolidation Oversight Act.

Oklahoma

  • S 873: Revises University Hospitals statutes and creates CON exemptions.

Oregon

  • S 951: Protects clinician autonomy and restricts noncompete and nondisclosure agreements affecting patient care.

Vermont

  • H 96: Raises thresholds triggering CON review and updates project definitions.

Virginia

  • H 1552: Expands exemptions from CON requirements.
  • H 2119: Establishes an expedited CON application and review process.
  • S 1064: Expands expedited CON review for bed changes and psychiatric facilities.
  • S 1177: Further broadens CON exemptions for certain facility actions.
  • S 1203: Creates expedited CON criteria for underserved or low-density areas.
  • S 1218: Limits noncompete agreements and updates employment law provisions.

Washington

  • H 1686: Creates a statewide registry of healthcare entity ownership and control.
  • H 1755: Exempts certain elective cardiac procedures from CON requirements.
  • S 5122: Aligns state antitrust premerger notification rules with federal requirements.

Wyoming

  • S 107: Voids physician noncompete agreements after employment or affiliation ends.

At the Becker's 23rd Annual Spine, Orthopedic and Pain Management-Driven ASC + The Future of Spine Conference, taking place June 11-13 in Chicago, spine surgeons, orthopedic leaders and ASC executives will come together to explore minimally invasive techniques, ASC growth strategies and innovations shaping the future of outpatient spine care. Apply for complimentary registration now.

Advertisement

Next Up in ASC News

Advertisement