Will recent certificate-of-need reform affect orthopedic, spine practices?

Orthopedic

Four states have seen changes to their certificate-of-need policies in recent months. Depending on the state, CON laws can differ drastically, with some affecting ASCs and physician-owned practices, while others only affect large hospitals. 

As of July, 12 states across the U.S. have no CON laws, allowing practices to open new locations with less regulatory approval. 

Here are four notable CON reforms in four states from recent months: 

North Carolina: By the end of 2025, ASCs will no longer be required to obtain a CON in counties with a population in excess of 125,000 people. In addition, orthopedic and spine practices seeking to open an ASC in smaller counties should see fewer regulatory hurdles. 

South Carolina: CON laws have recently been repealed for this state's ASCs, making it easier for orthopedic practices to grow N ASC presence in the state. 

Tennessee: Effective Dec. 1, 2027, the CON requirement for ASCs in this state will be lifted.

Georgia: Georgia now exempts certain single-specialty ASCs from its CON laws if they are owned by a single physician or practice, and fall below certain capital expenditure and operating room thresholds. Certain joint-ventured ASCs with hospitals are also exempt from Georgia CON requirements. Single-specialty orthopedic ASCs will now have more flexibility in the state. 

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