Certificate of need laws by state

Orthopedic

Certificate-of-need laws vary by state, and they can have pros and cons for healthcare providers seeking to open new practices in the orthopedic space and beyond. 

The laws aim to control healthcare costs by restricting the duplication of services in an area, but some systems and physicians say the laws restrict healthcare development and growth as demand grows in certain areas. 

Here are where certificate-of-need laws exist, and do not exist, according to 2024 data from the national Conference of State Legislatures: 

No certificate-of-need laws 

California

Colorado

Idaho

Kansas

New Hampshire

New Mexico

North Dakota

Pennsylvania

South Dakota

Texas

Utah

Wyoming

Certificate-of-need laws in place 

Alabama

Alaska 

Arkansas

Connecticut

Delaware

Florida

Georgia

Hawaii 

Illinois

Indiana

Iowa

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Mississippi

Missouri

Montana 

Nebraska

New Jersey

New York

Nevada

North Carolina

Ohio

Oklahoma 

Oregon 

Rhode Island

South Carolina

Tennessee

Vermont

Virginia

Washington 

West Virginia

Wisconsin

Certificate-of-need law variations 

Arizona: Although Arizona does not have certificate-of-need laws, the state requires an application for ambulance services and ambulances to be filed with the Department of Health Services and the Bureau of Emergency Medical Services & Trauma System. 

Minnesota: Minnesota does not have certificate-of-need laws, but the state maintains moratoriums and processes for exceptions to moratorium for several health facilities.

Wisconsin: Wisconsin does not have certificate-of-need laws, but it requires certain approvals for long-term care, and moratoriums for hospital, psychiatric and chemical dependency and nursing home beds. 

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