The 2023 SMFP is Here: Strong Growth Ahead in North Carolina

Nelson Mullins Riley & Scarborough LLP

The arrival of a new year in North Carolina brings with it a new State Medical Facilities Plan (“SMFP”). The SMFP is the annual planning document issued by the North Carolina Department of Health and Human Services, and signed by the Governor, setting forth need determinations for a range of health care facilities, services, and equipment in North Carolina. While not all health care facilities, services and equipment are regulated by the SMFP, many are, so providers who wish to grow must consider the annual need determinations before they can expand. For example, a hospital cannot add acute care beds unless there is need for more beds in the county where the hospital is located. Similarly, providers may not acquire additional MRI scanners unless there is a need in the SMFP. If there is a need for additional services, providers may then file certificate of need applications seeking State approval to add the service. Thus, to add or expand many health care facilities, services and equipment, North Carolina has a two-tier regulatory structure: the determination of a service area need in the SMFP is the initial level, followed by a CON review and approval process. Navigating North Carolina’s complex regulatory world requires experience, perseverance, and resources.

According to the 2023 SMFP, there are multiple need determinations across the State in a variety of areas. Here are some highlights for providers eager to serve the growing population of the nation’s ninth largest state:

Acute Care Beds:

The following counties have need determinations for additional acute care beds in 2023:

Service Area

Acute Care Bed Need Determination

CON Application Deadline

Anson

7

April 17, 2023

Cabarrus

65

April 17, 2023

Cumberland

20

February 15, 2023

Duplin

6

June 15, 2023

Gaston

48

June 15, 2023

Mecklenburg

164

October 16, 2023

New Hanover

25

February 15, 2023

Scotland

23

August 15, 2023

Union

21

October 16, 2023

Wake

44

August 15, 2023

Operating Rooms:

The following counties and service areas have need determinations for additional operating rooms in 2023. For the multi-county Health Service Areas I-VI, a need exists for one dedicated vascular access OR in each of the listed Health Service Areas.

Service Area

Operating Room Need Determination

CON Application Deadline

Johnston

2

June 15, 2023

Pitt/Greene/Hyde/Tyrrell

3

June 15, 2023

Health Service Area I

1

April 17, 2023

Health Service Area II

1

April 17, 2023

Health Service Area III

1

August 15, 2023

Health Service Area IV

1

October 16, 2023

Health Service Area V

1

October 16, 2023

Health Service Area VI

1

October 1, 2023

Dialysis Stations:

Mecklenburg County shows a need for 6 dialysis stations in a licensed nursing home facility. This is the first time the SMFP has included such a need determination specific to nursing homes.

County

Dialysis Station Need Determination

CON Application Deadline

Mecklenburg

6

September 15, 2023

Adult Care Home Beds:

Service Area

Health Service Area

Adult Care Home Bed Need Determination

CON Application Deadline

Anson

V

30

July 17, 2023

Perquimans

VI

40

February 15, 2023

Swain

I

30

July 17, 2023

Home Health Services:

2023 shows an unprecedented need for more Medicare-certified home health agencies in the following counties:

Service Area

Home Health Agency/Office Need Determination

CON Application Deadline

Brunswick

1

February 15, 2023

Forsyth

1

April 17, 2023

New Hanover

1

June 15, 2023

Onslow

1

October 16, 2023

Pitt

1

October 16, 2023

Fixed MRI Scanners:

2023 will be an especially busy year for MRI scanner CON applications, as shown in the table below.

Service Area

Fixed MRI Scanner Need Determination

CON Application Deadline

Brunswick

1

February 15, 2023

Caldwell

1

June 15, 2023

Cleveland

1

August 15, 2023

Duplin

1

February 15, 2023

Durham/Caswell

1

October 15, 2023

Mecklenburg

1

September 15, 2023

New Hanover

1

April 15, 2023

Pitt/Greene/Hyde/Tyrrell

1

August 15, 2023

Stanly

1

April 15, 2023

Wake

1

June 15, 2023

Mobile MRI Scanners:

For the first time in many years, the SMFP includes a need determination for mobile MRI scanners.

Service Area

Mobile MRI Scanner Need Determinations

CON Application Deadline

Statewide

3

April 15, 2023

Fixed Cardiac Catheterization Equipment:

Service Area

Fixed Cardiac Catheterization Need Determination

CON Application Deadline

Johnston

1

June 15, 2023

New Hanover

1

August 15, 2023

Orange

1

February 15, 2023

Wayne

1

September 15, 2023

Shared Fixed Cardiac Catheterization Equipment:

Service Area

Shared Fixed Cardiac Catheterization Equipment Need Determination

CON Application Deadline

Brunswick

1

October 15, 2023

Burke

1

October 15, 2023

Linear Accelerators:

Service Area

Linear Accelerator Need Determination

CON Application Deadline

Service Area 20 (Franklin and Wake Counties)

1

April 15, 2023

Dedicated Fixed PET Scanners:

Service Area

Dedicated Fixed PET Scanner Need Determination

CON Application Deadline

Health Service Area I (western North Carolina)

1

February 15, 2023

Health Service Area II (Piedmont area)

1

September 15, 2023

The foregoing need determinations reflect North Carolina’s strong growth trajectory and demand for increased health care services. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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