Nebraska certificate of need

Nebraska has a certificate of need program, run by Nebraska Department of Health and Human Services. It covers 4 kinds of services, listed below.

CON program

Yes

Program

Certificate of Need (Nebraska Health Care Certificate of Need Act)

Agency

Nebraska Department of Health and Human Services

Review timeline

Applications received within 30 days of the first application for the same health planning region are considered together when approving all would exceed the region's long-term care bed need (§71-5829.05). Other deadlines were not captured.

Moratoria

All long-term care beds that need a CON are under a statutory moratorium unless an exception applies, such as a department finding that individuals with complex or intensive care needs are underserved (Neb. Rev. Stat. §71-5829.04). All rehabilitation beds that need a CON are under a moratorium unless statewide rehabilitation occupancy exceeded 90% for the last three consecutive quarters, or a regional occupancy exception applies (§71-5829.06).

Recent changes

Many sections of the Act were repealed by Laws 1997, LB 798, which narrowed review to long-term care and rehabilitation beds.

Statute

Neb. Rev. Stat. §§71-5801 to 71-5872 (Health Care Certificate of Need Act), esp. §§71-5829.03 to 71-5829.06

• new long-term care beds (nursing facility beds)
• long-term care bed increases above 10 beds or 10% (whichever is less) over two years
• new rehabilitation beds and rehabilitation bed increases above 10 beds or 10% over two years
• hospital conversion of beds to long-term care or rehabilitation beds above the same limits