Maine’s Certificate of Need (CON) law requires healthcare facilities to get state approval before building, expanding, or spending more than $3 million on projects. Originally created in the 1970s to control healthcare costs, CON laws give existing providers the power to object to new competitors entering the market. Research shows these laws typically increase costs and reduce access to care, particularly in rural areas. Maine currently has one of the most restrictive CON programs in New England, covering more types of facilities than most neighboring states.
This bill would create a limited exemption for ambulatory surgical facilities (ASFs) — outpatient facilities that perform same-day surgeries. Hospital-owned ASFs could skip the CON process as long as they operate independently and don’t share space with the hospital itself. Independent ASFs would also be exempt from CON requirements for new facilities or expansions.
Ambulatory surgical centers typically offer lower-cost alternatives to hospital-based outpatient surgery. By removing regulatory barriers, this bill could increase competition and give Maine patients more options for routine procedures.