2026 Policy Agenda

Certificate of Need (CoN) laws require healthcare providers to obtain prior government approval before constructing new facilities or expanding existing ones — a process that empowers unelected officials, and in some cases incumbent competitors, to block new entrants into the market. Although these laws were originally intended to control costs, the evidence does not support that rationale. Arkansas healthcare spending per capita continues to rise annually, surpassing that of Texas — a state that has already repealed its CoN requirements. AFP Arkansas supports repealing CoN laws for home health, hospice, nursing homes, and psychiatric facilities, opening these markets to new providers, greater competition, and improved patient access across the state.