On April 18, 2023, Representative Caleb Rudow (D-Buncombe) introduced House Bill (HB) 737, entitled An Act Preserving Competition in Health Care by Regulating the Consolidation and Conveyance of Hospitals. If enacted, HB 737...more
4/27/2023
/ Certificates of Public Advantage (COPAs) ,
Competition ,
General Assembly ,
Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Hospital Mergers ,
Hospitals ,
Industry Consolidation ,
Legislative Agendas ,
North Carolina ,
Proposed Legislation ,
Regulatory Agenda
On March 27, 2023, North Carolina Governor Roy Cooper signed House Bill 76, now known as Session Law 2023-7, into law. Also called “Access to Healthcare Options,” Session Law 2023-7 primarily aims to expand Medicaid....more
The arrival of a new year in North Carolina brings 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...more
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...more
The North Carolina Department of Health and Human Services Division of Health Service Regulation (“DHSR”) has published the draft 2023 State Medical Facilities Plan (“SMFP”), which was developed by the State Health...more
Governor Roy Cooper signed the 2022 North Carolina State Medical Facilities Plan (“SMFP”) on December 17, 2021. This SMFP became effective on January 1, 2022. The Governor has authority to modify the SMFP, but the 2022 SMFP...more
In recent months we have provided updates regarding the status of various legislative efforts to amend North Carolina’s certificate of need law (“CON Law”). One effort was successful: Session Law 2021-129 (Senate Bill 462)...more
On July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy,” (the “Order”) which aims to drive down prices for consumers, increase wages for workers, and promote innovation...more
As discussed in our April 12, 2021 blog post, North Carolina’s General Assembly continues its bid to chip away at North Carolina’s certificate of need (“CON”) law. Along with the previous five bills filed since March,...more
In four different bills introduced over the last month, North Carolina’s General Assembly is once again proposing changes to North Carolina’s certificate of need (“CON”) law, first enacted in 1971. This law extensively...more
Currently, three vaccines are authorized and recommended by the Centers for Disease Control and Prevention (“CDC”) to prevent COVID-19. The North Carolina Department of Health and Human Services (“NCDHHS”) has stated that...more
Currently, three vaccines are authorized and recommended by the Centers for Disease Control and Prevention (“CDC”) to prevent COVID-19. The North Carolina Department of Health and Human Services (“NCDHHS”) has stated that...more
As a member of the Lumbee Tribe of North Carolina, my life and experiences have been largely shaped by my heritage. It is the essence of my identity and has been for as long as I can remember. Before I am an attorney, I am a...more
By approval of Governor Roy Cooper, effective April 30, 2020, Chapter 3 of the 2020 North Carolina State Medical Facilities Plan, the review schedule for August through December for certain applicable need determinations, has...more
North Carolina Governor Roy Cooper recently issued Executive Order No. 130, which, among other things, relaxes assorted regulatory requirements affecting various health care providers in an effort to make health care and...more
The Certificate of Need Process -
The Healthcare Planning and Certificate of Need Section of the Division of Health Service Regulation of the North Carolina Department of Health and Human Services (the “Agency”) recently...more
In In re Financial Oversight and Management Board for Puerto Rico, 2019 WL 4667518 (1st Cir. 2019), the United States Court of Appeals affirmed in part and vacated in part the Article III court’s partial denial of Plaintiffs’...more