Certificate of need · North Dakota
North Dakota certificate of need
North Dakota has no certificate of need program: opening or expanding a health facility does not need state CON approval.
- CON program
- No
- Services covered
- —
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Certificate of need
North Dakota CON program
North Dakota has no certificate of need program: opening or expanding a health facility does not need state CON approval.
- CON program
- No
- Moratoria
- Nursing facility beds may not be added to the state's licensed bed capacity between August 1, 2025 and July 31, 2029, except when a facility reverts basic care beds to nursing beds or relicenses beds delicensed after July 31, 2011. Licensed bed capacity may be transferred between entities, and a facility may reconfigure its nursing bed capacity no more than twice in 12 months (NDCC 23-16-01.1).
- Recent changes
- The CON chapter (NDCC 23-17.2, Certification of Need for Expansion of Hospital Facilities) was repealed in 1995. The nursing facility bed moratorium currently runs August 1, 2025 through July 31, 2029. A CON chapter (33-09-03) remains in the Administrative Code, but its authorizing statute (NDCC 23-17.2-05) was repealed.
- Statute
- NDCC ch. 23-17.2 (repealed by S.L. 1995, ch. 254, §6); NDCC 23-16-01.1 (long-term care bed moratorium)
FAQ
Frequently asked questions
Does North Dakota have a certificate of need law?
North Dakota has no certificate of need program: opening or expanding a health facility does not need state CON approval.