North Carolina legislation · 2025-2026 Session
North Carolina S1040: Repeal CON for ASCs and Inpatient Rehab.
Status: Introduced, May 13, 2026
What the bill says
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.
From the introduced text:
A BILL TO BE ENTITLED 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. The General Assembly of North Carolina enacts: SECTION 1. G.S. 131E-176 reads as rewritten: "§ 131E-176. Definitions. The following definitions apply in this Article: ... (1b) Ambulatory surgical facility. - A facility designed for the provision of a specialty ambulatory surgical program or a multispecialty ambulatory surgical program. An ambulatory surgical facility serves patients who require local, regional, or general anesthesia and a period of post-operative observation. An ambulatory surgical facility may only admit patients for a period of less than 24 hours and shall provide at least one designated operating room or gastrointestinal endoscopy room and at least one designated recovery room, have available the necessary equipment and trained personnel to handle emergencies, provide adequate quality assurance and assessment by an evaluation and review committee, and maintain adequate medical records for each patient. An ambulatory surgical facility may be operated as a part of a physician's or …
Sponsors
- Lee, Michael V. (R, 7) · primary sponsor
- Sawrey, Benton G. (R, 10) · primary sponsor
- Burgin, Jim (R, 12) · primary sponsor
- Galey, Amy S. (R, 25)
- Sanderson, Norman W. (R, 2)
Latest actions
- : Re-ref Com On Appropriations/Base Budget
- : Com Substitute Adopted
- : Reptd Fav Com Substitute
- : Re-ref to Health Care. If fav, re-ref to Appropriations/Base Budget
- : Withdrawn From Com
- : Ref To Com On Rules and Operations of the Senate
- : Passed 1st Reading
- : Filed
Subjects: HOSPITALS, BUDGETING, MENTAL HEALTH, DHHS, HEALTH SERVICES, PUBLIC, CLINICS, PUBLIC HEALTH
Common questions
- What is S1040?
- S1040 is a bill in the North Carolina Legislature (2025-2026 Session): Repeal CON for ASCs and Inpatient Rehab.
- What does S1040 do?
- In its own words: 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.
- What is the status of S1040?
- Introduced as of May 13, 2026. Latest action: Re-ref Com On Appropriations/Base Budget (May 13, 2026).
- Who sponsored S1040?
- Lee, Michael V. (R, 7), with 4 co-sponsors.
- Where is the official record for S1040?
- On the North Carolina Legislature website: https://www.ncleg.gov/BillLookUp/2025/S1040
Source: official North Carolina record. Tracked by Delilah, AI for legislation across all 50 states and Congress.