OLR Report 2015-R-0258 describes state health care facility requirements to obtain a certificate of need (CON) prior to reducing health care.
Some states, including Connecticut, require health care facilities to obtain a CON before terminating specified services. However, states generally do not require CON authorization to reduce services. While some states (e.g., Maryland) require a CON to change the scope of health care services offered, the applicable law or regulations typically do not include service reductions alone among those changes requiring approval.
Several states, while not requiring CON approval to reduce services, include the impact of service reductions among the review criteria for projects requiring CON approval. Also, some states require facilities to notify the state of service reductions.
According to the National Conference of State Legislatures, 36 states have CON programs. Generally, these programs require health care facilities to obtain regulatory approval before undertaking certain actions, such as building or expanding facilities, offering new services, or purchasing specified equipment. States vary in the scope of facilities and services subject to CON requirements.
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