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House committee approves H.96 to raise certificate-of-need monetary thresholds; vote recorded 10-0-1
Summary
The committee approved a strike-all amendment to H.96 (version 3.1) to raise monetary thresholds and clarify exclusions for the Certificate of Need (CON) process; motion passed on a 10-0-1 vote and will proceed to additional steps noted by staff.
The House Health Care Committee approved a strike-all amendment to H.96 (version 3.1), an act to increase monetary thresholds and update exclusions in the state’s Certificate of Need process, and voted to advance the measure by roll call. The measure adjusts jurisdictional and project thresholds, establishes a $50 million conceptual development-phase threshold, clarifies a $10 million spend-in-advance allowance, and retains exclusions for fully depreciated equipment and ambulance services. Committee staff described version 3.1 as a clean draft that removed prior highlighted changes while preserving an effective date section designed to limit retroactive application.
Committee staff explained how the bill treats active CON applications: for projects initiated on or after July 1, 2025, the new thresholds apply; for applications already in process where interested-party status has been granted, the jurisdictional thresholds and exclusions in place when the application was filed continue to apply until a final decision; and for filings in process on July 1 without any interested-party designation, applicants could withdraw and have the new thresholds apply to a refiled proposal. The sponsor clarified that the draft removed a proposed exemption that would have treated state-funded or state-granted projects differently; under the approved draft, state projects are treated the same as other projects for CON purposes.
A motion to approve H.96, version 3.1, was made and seconded; the clerk conducted a roll call and the motion passed by a vote of 10 in favor, 0 opposed, and 1 absent. Committee staff said the bill will be posted and will likely be scheduled for further action; staff noted it may make a technical stop in Ways and Means because adjustments to CON thresholds affect fee collections even if the word “fee” does not appear explicitly in the bill.
The committee’s action formalizes higher monetary thresholds and clarifies application of those thresholds to projects already in process while removing the earlier proposed special treatment for state-funded projects.
