In the wake of the COVID-19 pandemic, 24 states that have CON laws on the books have suspended some portion of them or enabled emergency provisions.
Even though many states are reacting quickly to try to alleviate strains on their medical systems, much of the damage from these CON laws has already been done. For example, on March 20, the New York governor suspended CON laws giving providers less than a week to ramp up before capacity was reached—nowhere near enough time to effectively increase health care capacity.
This is one reason the laws should not exist in the first place. Providers know whether there is a need for services or facilities. Allowing them the flexibility to respond in a pandemic is obvious, but they should have the same flexibility year-round.
Read the full article at Pacific Legal.