Several Ward and Smith attorneys shared legal updates related to the North Carolina Certificate of Need process, insights on professional licensing, and guidance on the dynamic landscape of employment law at a recent "Breakfast and Learn" for health care clients.

Michael Fields, a health care attorney who leads Ward and Smith’s Health Care practice, initiated the discussion with an overview of the North Carolina Medicaid expansion and changes to the Certificate of Need law.

Medicaid Expansion and Certificate of Need in North Carolina

The Medicaid expansion will result in approximately 600,000 people having some form of insurance that formerly did not have insurance, once the budget for North Carolina for 2023-2024 is passed. Changes to the Certificate of Need law are a part of the legislation.

“North Carolina is one of the few remaining Certificate of Need states,” noted Fields. “That means there are certain types of medical equipment and medical services that require the state to make a finding that there is a need for that additional service or piece of equipment.”

The changes were essentially designed to chip away at the Certificate of Need ("CON") laws, so many are viewing it as a positive development. A few of the changes to CON laws include:

• Requirement for CON for diagnostic centers increased from $1.5 million to $3 million for aggregate value of medical equipment
• Eliminates need for CON for MRI scanners, within approximately three years
  • Only for practices in...

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