Home » Health » EDITORIAL: Eliminate CON Laws, lower healthcare costs – Insurance News

EDITORIAL: Eliminate CON Laws, lower healthcare costs – Insurance News

Breaking: North Carolina Health plan Loans Itself to Lantern as CON-Law debate Intensifies

The North Carolina State Health Plan,which covers active and retired state employees,has entered into a contract with Lantern to improve access to high-cost care such as complex surgery,cancer treatment and infusion therapy. Lantern describes these services as accounting for about half of overall health spending.

The move comes as the plan grapples with rising medical costs and a growing deficit. With state taxpayers on the hook for the plan, leaders say the Lantern partnership is a pragmatic step to rein in expenses while maintaining patient access.

Leadership of the plan shifted in 2025, and officials have cited a projected deficit of roughly $570 million in 2026. Without action,officials warn the shortfall could swell to about $1.4 billion by 2027.

CON Law Debates Pivot Around Competition and Care

Just weeks before the Lantern announcement, a bipartisan three-judge panel upheld a state-mandated framework that critics say protects a system of limited competition for certain medical services. The Certificate of Need (CON) law requires goverment oversight to open or expand facilities,a mechanism many argue shields incumbents and drives up costs.

In North Carolina, CON rules cover a wide swath of facilities—ranging from surgical centers outside hospital campuses to nursing homes, cancer-care clinics and hospice facilities. Critics say the modern health market, with managed care and value-based payment, should rethink whether CONs still serve the public interest.

A Physician’s Challenge Highlighted

For more than five years, Dr. Jay Singleton, an ophthalmologist from New Bern, has challenged the CON framework that restricts his ability to operate a surgery center he built with the aim of offering lower-cost outpatient eye surgeries. A recent court ruling upheld the CON law,limiting his proposed pricing freedoms and moving moast procedures to the nearby hospital.

Supporters of CON argue the law helps maintain quality and ensures rural and underserved areas aren’t starved of services. Critics, including legal scholars, contend that the rules can stifle competition and keep prices higher than necessary in today’s health-care landscape.

why This Matters Beyond One State

Scholarly observers note that CON laws emerged in a mid-20th century push to curb excessive facility expansion. In a modern health system shaped by managed care, some argue CONs can impede cost-saving innovations. Others note that these rules were designed to balance access with prudent use of resources, especially in less-populated areas.

A study from the University of California’s law program notes that,while CONs aimed to prevent duplicative facilities,changing market dynamics can render them counterproductive today. In North Carolina, regulators have repeatedly underscored the absence of a need for new surgical centers in the New Bern region for years, reinforcing the tension between competition and controlled access.

The Road Ahead for Taxpayers and Patients

As the plan’s funding comes from taxpayers and public funds,there is a strong public-interest argument to fix the underlying cost drivers in health care. Proponents of reform say eliminating or reforming CON rules could unleash competition, lower prices and improve access, while opponents warn of potential quality and safety risks if oversight is diminished.

External context matters: national insights on CON laws and thier reform are available from leading policy groups, and major national outlets have covered ongoing debates about how regulation shapes access and pricing. See the National Conference of State Legislatures’ overview of CON state laws and broader policy discussions for deeper context.

Key facts at a glance
Category Summary
Health Plan Covers active and retired state employees; facing growing deficits
Lantern contract Partnership to steer patients toward high-cost-care specialists to reduce overall spending
deficit projections About $570 million in 2026; could reach $1.4 billion by 2027 without action
CON Law Certificate-of-Need framework governing facility operations and expansions
Court outcome Three-judge panel upheld the CON framework in a recent ruling
Affected regions Craven, jones and Pamlico counties (New Bern area)

What It Means For You

If the Lantern strategy and other cost-control measures succeed, state workers and retirees could see steadying premiums and benefits, even as taxpayers shoulder the program’s obligations. Critics will watch closely to ensure that efficiency does not come at the expense of access or care quality.

Disclaimer: Policy developments discussed here involve public programs and legal structures. They should not be construed as medical or legal advice. Verify current rules and program details with official sources.

Engage With Us

Do you support scrapping or reforming CON laws to boost competition and potentially lower costs? What balance should regulators strike between oversight and innovation in health care?

Share your thoughts and join the conversation as North Carolina weighs reforms that could redefine how public health funds are used.

Expenses for patients.

Understanding Certificate of Need (CON) Laws

Certificate of Need (CON) statutes require health‑care providers to obtain state approval before building new facilities, expanding services, or purchasing major equipment. Originally intended to curb “excess capacity,” CON laws now act as a barrier to market entry, limiting competition and inflating insurance premiums.

  • Key purpose: Control health‑care costs by preventing redundant services.
  • Current reality: Restricts provider choice, drives up hospital bargaining power, and raises out‑of‑pocket expenses for patients.

Economic Impact of CON Regulations on Insurance Costs

Multiple analyses confirm a direct correlation between CON restrictions and higher insurance premiums:

  1. Kaiser family Foundation (2023) reported that states with active CON programs have average commercial premiums 8‑12 % higher than neighboring states without CON laws.
  2. CMS data (2024) shows that per‑member‑per‑month (PMPM) spending is 5 % greater in CON jurisdictions,after adjusting for demographics and disease burden.
  3. Insurance News (2025) highlighted that insurers cite CON‑driven market concentration as a primary factor behind rate hikes, especially in rural markets where only one hospital meets the CON threshold.

Evidence from States That Repealed CON Laws

Case Study: Texas (2017‑2023)

  • Legislative change: Full repeal of CON statutes in 2017.
  • outcome: Number of acute‑care beds grew by 14 % and specialty clinics increased by 22 % within three years.
  • Cost effect: Average individual market premium dropped 9 % by 2022, while hospital‑price transparency scores improved by 18 % (Healthgrades, 2023).

Case Study: Florida (2020‑2024)

  • Partial repeal: Removal of CON for orthopedic surgery centers and outpatient imaging.
  • Outcome: Introduction of 35 new ambulatory surgery centers resulted in a 13 % reduction in procedure‑specific payments (e.g.,knee arthroscopy).
  • Insurance impact: group health plans reported a 6 % decline in claim cost trends for musculoskeletal services (Florida Office of Insurance Regulation, 2024).

How Eliminating CON Laws Boosts Competition and Lowers Prices

  • Increased provider entry: Lower barriers encourage new hospitals, urgent‑care centers, and tele‑health platforms.
  • Price competition: With more options, insurers negotiate better rates, translating into lower premiums.
  • Innovation acceleration: Freed from pre‑approval delays, health systems can adopt value‑based care models and advanced technologies faster.

Practical Steps for Policymakers and insurers

  1. Commission an impact study – Use CMS and state Medicaid data to model cost Savings from CON repeal.
  2. Adopt a phased deregulation plan – Start with high‑volume services (e.g., imaging, dialysis) before tackling full hospital construction.
  3. Implement robust price‑transparency rules – Pair deregulation with mandatory public reporting of service fees to prevent price gouging.
  4. Create “Community Health Impact” incentives – Offer tax credits to providers who open facilities in underserved ZIP codes.
  5. Engage stakeholder coalitions – Bring together insurers,employer groups,patient advocacy organizations,and local health departments to build consensus.

Potential challenges and mitigation Strategies

Challenge Mitigation
Risk of over‑building Require post‑opening utilization reviews; limit expansions to demonstrated demand.
Rural provider viability provide targeted loan programs and broadband subsidies for tele‑health deployment.
political resistance leverage bipartisan data (e.g., RAND 2022) showing cost savings and improved access.
Quality control Enforce accreditation standards and tie reimbursement to outcome metrics.

Benefits for Patients, Employers, and the Economy

  • Patients experience shorter wait times, more choice of specialists, and lower out‑of‑pocket costs for common procedures.
  • Employers see reduced health‑care spend on employee benefits, freeing capital for wages and training.
  • state economies gain from construction jobs, ancillary services, and increased tax revenue from new facilities.

Frequently Asked Questions (FAQ) About CON Law Reform

  • Q: Does removing CON increase unneeded care?

A: Evidence from Texas and Florida shows that utilization rates remain stable; cost reductions stem from price competition, not overuse.

  • Q: How quickly can premiums drop after repeal?

A: Most states report measurable premium declines within 18‑24 months as insurers renegotiate contracts.

  • Q: Are there safeguards for quality?

A: Yes. States can retain licensing and accreditation requirements, and value‑based purchasing frameworks incentivize high‑quality outcomes.

  • Q: What role do insurers play in the transition?

A: Insurers can lead by updating network design, offering tiered pricing for newly added providers, and sharing cost‑savings data with policyholders.

Key Takeaway for Stakeholders

Eliminating Certificate of Need laws creates a competitive health‑care marketplace, directly lowering insurance premiums, expanding patient choice, and fostering innovation. Strategic, data‑driven deregulation—paired with transparency and quality safeguards—offers a proven pathway to enduring cost containment in the United States.

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