NCASCA Legislative Update: Certificate of Need Repeal Attempt 9-26-2022

As many of our members are aware, the Governor has for years sought Medicaid expansion in North Carolina. Up until now, he has met strong opposition from the State House and Senate. 

However, the leadership in the General Assembly has recently indicated a willingness to expand Medicaid. The State Senate, meanwhile, wants to pair Medicaid expansion with other health reforms, such as repealing the Certificate of Need laws. The House of Representatives has historically been against Certificate of Need repeal.

The North Carolina Healthcare Association (NCHA), in an attempt to move Medicaid expansion, said it would agree to some repeal of the Certificate of Need laws. This would include granting exemption from that law to ambulatory surgical centers, effective five years from the Medicaid expansion go-live date.

This proposal has been met with opposition from the Senate, believing the proposal comes up way short. The Governor has encouraged the NCHA to negotiate with the Legislature to get something done. The probability of getting anything done on Medicaid expansion before the election this fall, however, is slim.

There is a Joint Legislative Oversight Committee on Medicaid currently scheduled for October 10 and this issue could very well be discussed some more at that time. The NCASCA legislative team will be attending that meeting and reporting back to the Board.

This issue is most likely to come to a head at the General Assembly meeting scheduled for a few days after the Christmas break. However, members must remain on high alert. NCASCA will remain fighting for the idea that Certificate of Need serves an important role in delivering better healthcare in North Carolina.

Keep an eye out for alerts for member action from NCASCA.