REPEAL CON FOR ASCS AND INPATIENT REHAB.

Printer-friendly: Click to view
View NCGA Bill Details2025-2026 Session
Senate Bill 1040 (Public) Filed Thursday, April 30, 2026
AN ACT REPEALING CERTIFICATE OF NEED LAWS FOR AMBULATORY SURGICAL FACILITIES AND FOR INPATIENT REHABILITATION SERVICES, FACILITIES, AND BEDS; APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO IMPLEMENT THESE CHANGES AND DEVELOP A PLAN FOR THE PHASED ELIMINATION OF THE STATE'S REMAINING CERTIFICATE OF NEED LAWS; AND DELETING OBSOLETE DEFINITIONS FOR BEHAVIORAL HEALTH FACILITIES THAT ARE NO LONGER SUBJECT TO CERTIFICATE OF NEED REVIEW.
Intro. by Lee, Sawrey, Burgin.

Status:

Bill History:

No bill history found
S 1040

Bill Summaries:

  • Summary date: May 4 2026 - View Summary

    Section 1.

    Removes ambulatory surgical facility, ambulatory surgical program, multispecialty ambulatory surgical program, qualified urban ambulatory surgical facility and specialty ambulatory surgical program from the defined terms pertaining to Certificates of Need for Health Care Facilities and Providers in GS 13E-76. Modifies gastrointestinal endoscopy room so that it only refers to rooms in a licensed health service facility performing the procedure specified. Removes rehabilitation facilities and ambulatory surgical facilities from the definition of health service facility. Makes conforming changes to health service facility bed. Excludes rehabilitation facilities from hospital, and makes conforming changes to the term. Removes references to qualified urban ambulatory surgical facilities and the conversion of a specialty ambulatory surgical program to a multispecialty ambulatory surgical program or the addition of a specialty to a specialty ambulatory surgical program from new intuitional health services. Excludes rehabilitation services provided in an in-patient nursing facility from nursing care. 

    Section 2.

    Makes conforming changes to GS 131E-178 (activities requiring certificates of need) to account for the narrowed terms above and removal of ambulatory surgical programs described from the term new institutional health services.  

    Section 3.

    Updates the statutory cross-reference in GS 90-21.82A’s definition of ambulatory surgical facility to account for removal of the term in GS 131E-176.

    Section 4.

    Repeals GS 131E-146(3) (definition of qualified urban ambulatory surgical facility is that of GS 131E-176) to account for the removal of those provisions by the act. Repeals GS 131E-147.5 (concerning the charity requirements for urban ambulatory surgical facilities). Repeals the following definitions from GS 131E-176: chemical dependency treatment beds, chemical dependency treatment facility, and psychiatric facility.
    Section 5.

    Appropriates $50,000 from the General Fund to DHHS’s Division of Health Service Regulation for 2026-27 to implement the repeal of certificate of need laws for ambulatory surgical facilities and for inpatient rehabilitation services, facilities, and beds and to development a comprehensive plan for the phased elimination of the State’s remaining certificate of needs law. Sets out requirements and deadline for this plan.

    Section 6.

    Contains a severability clause.

    Section 7.

    Effective July 1, 2026.