Bill > SSB3084

Introduced Session

This bill relates to the certificate of need (CON) process. The bill removes from the definition of “affected person” an institutional health facility (facility) or health maintenance organization which, prior to the department health and human services’ (HHS) receipt of an application for a CON, has formally indicated to HHS an intent to furnish institutional S.F. _____ health services as described in the application. The bill also removes payers and third-party payers for health services from the definition of “affected persons”, and “a community mental health facility” from the definition of “institutional health facility”. The bill limits the circumstances that require a health care provider to submit a CON application to the following: construction, development, or other establishment of a new facility if completion requires more than a monetary amount as specified in the bill; relocation of a facility; a capital expenditure or lease by a facility in excess of a monetary amount as specified in the bill; a permanent change in the bed capacity of a facility; and a mobile health service with a value in excess of $4 million. The bill eliminates the requirement that a CON applicant needs to show that any existing facilities providing institutional health services similar to those being applied for are being used in an appropriate and efficient manner. The bill no longer allows HHS to refund application fees if the CON application is voluntarily withdrawn more than 30 calendar days after submission. The bill allows a CON applicant whose application is rejected to resubmit a revised application once without an additional application fee. The bill allows HHS to notify all affected persons of pertinent information regarding a formal review of a CON application through electronic distribution instead of through the news media. The bill allows an affected person, or the affected person’s legal representative, to submit written testimony for a hearing on a CON application from the date HHS gives notice on the hearing until end of business on the calendar day immediately preceding the hearing. Under current law, HHS’s failure to issue a written decision on a CON application within 90 days of accepting the S.F. _____ application constitutes denial of the application. The bill eliminates this denial. Under current law, HHS may defer approval or denial of a CON application for up to 60 days. The bill allows HHS to defer for a maximum of 30 calendar days unless both the applicant and HHS agree to a longer deferment. The bill makes conforming changes to Code sections 135.66 (summary review procedure) and 135P.1 (adverse health care incidents —— definitions). The bill repeals Code section 135.64 (letter of intent to precede application —— review and comment).

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No sponsors listed

Other Sponsors (1)

Committee report approving bill, renumbered as SF 2459. (on 02/19/2026)

Official Document