7 points on CON regulations over the years: Have more states repealed, maintained their laws?


Mercatus Center analyzed the progression of certificate-of-need laws throughout the years.

Here are seven things to know:

1. New York was the first state to implement a CON program in 1964.

2. Following New York, Rhode Island, Maryland and California were among the next to adopt these programs.

3. Between 1964 and 1974, 22 additional states instituted CON programs.

4. Congress required states to implement CON programs to obtain funding through some federal programs through the 1974 National Health Planning and Resources Development Act. All states, with the exception of Louisiana, adopted CON programs to meet the regulation's mandates.

5. Congress repealed the CON mandate in 1986, resulting in a slew of states stripping their CON programs; eleven states eliminated their programs by 1990.

6. Other states have gradually repealed their CON laws, including New Hampshire in 2016.

7. Twenty-six states and Washington, D.C. currently have CON programs.

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