The states that do, do not have CON laws for ASCs

Certificate-of-need laws, which require healthcare providers and systems to get special permission from the state government before expanding or building a new facility, are often controversial among healthcare leaders. 

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While some believe that CON laws restrict access to care for patients and create health system monopolies, others believe they are beneficial when it comes to not oversaturating a market with providers. 

Here are the states that do and do not require a certificate of need to construct a new ASC, according to an industry report from VMG Health published Feb. 13: 

CON required for ASCs

  • Alabama
  • Alaska
  • Connecticut
  • Delaware
  • Georgia
  • Hawaii
  • Illinois
  • Iowa
  • Kentucky
  • Maine
  • Maryland
  • Massachusetts
  • Mississippi
  • Nevada
  • New Jersey
  • New York
  • North Carolina
  • Tennessee
  • Vermont
  • Virginia
  • West Virginia
  • Washington
  • Wisconsin

No ASC CON regulations

  • Arizona
  • Arkansas
  • California
  • Colorado
  • Florida
  • Idaho
  • Indiana
  • Kansas
  • Louisiana
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nebraska
  • New Hampshire
  • New Mexico
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • South Dakota
  • Texas
  • Utah
  • Wyoming

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