Patients Win as Wyoming Repeals Its Last CON Law

The Make America Healthy Again (MAHA) movement has inspired many policymakers to look at ways they can help Americans be healthier. While most of the MAHA policies focus on food sources and additives and drug safety, there are other ways states can help residents be healthier.

This month, Wyoming took an important step by repealing its last Certificate of Need (CON) law. HB 289 repeals CON restrictions on nursing homes allowing them to expand their services and serve more patients. Repealing CON laws opens the door to new providers and give patients more choices when deciding where to seek care. It could also help improve patient outcomes.

Certificate of Need (CON) laws were enacted to eliminate the duplication of services and lower healthcare costs, but data over the last few decades has shown that these laws do not work as intended. Instead, the laws limit access to care, stifle competition, and lead to higher prices. These laws apply to different types of facilities, including hospitals, nursing homes, ambulatory surgical centers, and even some equipment like MRIs or PET scans.

CON laws require would-be providers or providers who wish to expand their services to prove there is a need for said services. Since most CON boards consist of the current healthcare providers, it is common for them to deny certification. This has led to fewer facilities and inferior patient outcomes in CON states.

Most states have eliminated at least some of their CON laws, and a few have eliminated CON completely as Wyoming just did. Research has repeatedly shown that states with CON laws have higher costs and less access to care. A study conducted during the pandemic showed that the costs of CON laws far exceeded their benefits.

Wyoming’s CON law repeal will lead to better patient access, reduce the workload of current providers, and give patients more options for where they receive care. Making Americans healthier can also mean improving our healthcare and giving patients more control over their care. Whether that means increasing price transparency or taking steps to open up new options for patients, the end goal is to improve our overall health. Hats off to the legislature for helping Make Wyoming Healthy Again!