May 28, 2026

North Carolina Senate advances bill to eliminate Certificate of Need requirements for the state’s ASCs

According to Triangle Business Journal (link; subscription required), North Carolina lawmakers are advancing legislation to “roll back” parts of the state’s Certificate of Need (CON) law.

Senate Bill 1040 (read the full text here) cleared the N.C. Senate Health Committee earlier this month and now heads to the Senate Appropriations/Base Budget Committee. The bill would both eliminate CON requirements for the state’s ASCs and remove the approval process for inpatient rehabilitation facilities.

Triangle Business Journal reports that S.B. 1040 “builds on a broader 2023 overhaul … that loosened restrictions in select markets and services.”

If S.B. 1040 is approved by the Senate and House and signed into law, North Carolina’s ASCs and inpatient rehabilitation facilities would be exempt from CON review beginning July 1.

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