10.27.2008 Overview of North Carolina Certificate of Need Law
The North Carolina certificate of need (“CON”) law, G.S. §§131E-175, et seq. requires that a person obtain a CON prior to developing, or engaging in other activities regarding a “new institutional health service,” as that term is defined in the statute. See G.S. §131E-178. The CON law sets forth criteria for the issuance of CONs generally and the CON regulations contain special criteria for particular types of health services. See G.S. §131E-183, 10A N.C.A.C. 14C.1100, et seq. The agency charged with principal responsibility for enforcing the CON law is the CON Section (currently headed by Ms. Lee B. Hoffman) within the Division of Health Service Regulation (“DHSR”) of the Department of Health and Human Services (“Department”). The State Medical Facilities Plan (“SMFP”), issued each year by the Department, establishes the official need determinations for new institutional health services in the state and includes a schedule of CON reviews for the year, listed by first day of the scheduled review period.

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