Press release: Proctor files legislation to expand healthcare access and simplify CON regulations

KENTUCKY HOUSE MAJORITY CAUCUS

Contact:
Jenna Riel
Communications Specialist
House Majority Caucus
(502) 564-4334 office

FOR IMMEDIATE RELEASE
MEDIA RELEASE

Proctor files legislation to expand healthcare access and simplify CON regulations
Frankfort, Kentucky (February 10, 2025) – This week, Representative Marianne Proctor of Union filed House Bills 354 and 355 which would make the Certificate of Need (CON) process more efficient, and eliminate unnecessary CON requirements.

“For too long, Kentucky’s Certificate of Need laws have restricted the growth of healthcare, limiting competition and innovation,” said Proctor. “By eliminating these unnecessary regulations, we are breaking down barriers that have allowed medical monopolies to dominate- leading to higher costs, longer wait times to see a doctor, and declining quality of care. These bills will open the door for new healthcare providers, increasing access to quality, affordable care without government interference.”

House Bill 354 would reform the CON process by eliminating the competitor’s veto, and requiring the Cabinet for Health and Family Services to conduct hearings on CON applications as requested by applicants. CON laws make it difficult to open and expand healthcare facilities, depriving patients of options. HB 354 would allow only applicants or holders of CONs to request public hearings related to applications or revocations. In addition, the bill would ensure that applicants for CONs may be represented by counsel at public hearings, ensuring they have proper and sufficient representation, guaranteeing fairness within the CON application process. Also, HB 354 would eliminate the ability of competitors to delay the issuance of a CON that the state has already deemed approved and necessary and streamline the review and reconsideration process which would allow the state to issue CONs in a more timely manner. Finally, HB 354 would ensure that applicants preserve their right to appeal an adverse final CON decision in state court.

House Bill 355 would reform Kentucky’s CON laws by expanding the list of various health facilities and services that are exempt from CON requirements. HB 355 would also allow providers to offer the following services or open the following facilities without a CON: psychiatric hospitals, physical rehabilitation hospitals, chemical dependency programs or centers, home health agencies, freestanding hemodialysis units, alcohol abuse, drug abuse, rehabilitation, and mental health services. Kentucky has a critical shortage of psychiatric beds and mental health services, and CON laws have prohibited providers from being able to expand these services and offer much-needed care. HB 355 would empower providers to offer the essential services that Kentuckians need, without significant roadblocks and delays from the government.

“Kentucky’s healthcare system has long been strangled by excessive red tape which has delayed critical services and led to higher costs for patients,” added Proctor. “This legislation would bring long-overdue reform to the Certificate of Need process and make it easier for providers to expand care in the communities that need it most. By cutting through bureaucracy, streamlining approvals, and limiting unnecessary legal challenges, we are enabling hospitals and healthcare facilities can focus on delivering care to Kentuckians when and where they need it, which is what matters most.”

For more information on House Bills 354 and 355, or other pieces of legislation filed by Representative Proctor, please visit legislature.ky.gov.
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