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SB 171

AN ACT relating to certificate of need.

2026 Regular Session Introduced by Gex Williams

SB 171 would clarify and expand Kentucky’s certificate of need process, outlining when CON is required, the criteria for approval, and oversight of health care facility projects.

to Committee on Committees (S)
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Bill Summary · SB 171

Bill Overview

SB 171, introduced in the 2026 Regular Session of the Kentucky General Assembly, concerns the certificate of need (CON) process. The bill is framed as legislation relating to CON requirements and oversight, with the aim of clarifying, expanding, or adjusting the criteria and procedures by which health care providers must obtain state authorization before establishing or expanding services or facilities.

Purpose and Intent

  • Establish or modify the state’s CON framework to regulate the development of health care facilities, services, and capital projects.
  • Ensure that proposed health care projects are evaluated for need, cost, impact on access and quality, and alignment with statewide health planning goals.
  • Create, modify, or codify standards for when a CON is required and the criteria used to approve, conditionally approve, or deny applications.

Key Provisions and Changes (as typically addressed in CON-related bills)

Note: The exact text of SB 171 is not provided here, so the summary reflects common elements found in Kentucky CON legislation. If enacted, the bill could include some or all of the following provisions:

  • Definitions: Clarify terms such as “certificate of need,” “capital expenditure,” “health service,” and “need” as used in the CON process.
  • Scope of CON: Specify which health care facilities, services, or projects require CON approval (e.g., hospital beds, ambulatory surgical centers, imaging services, major capital investments, construction, or relocation of services).
  • Criteria for Approval: Establish standards to assess proposed projects, including:
    • Demonstrated need for the project
    • Availability of resources and financial feasibility
    • Effects on access to care, especially in underserved areas
    • Impact on cost of care and overall health system efficiency
    • Quality and safety considerations
    • Compliance with state health planning and public policy goals
  • Process and Timeline: Outline application procedures, review timelines, public notice, and opportunities for public comment or hearing.
  • Agency Authority: Define the agency or board responsible for CON determinations, including staffing, rulemaking authority, and potential delegations.
  • Monitoring and Compliance: Provisions for post-approval reporting, adherence to conditions, and penalties for noncompliance or false information.
  • Judicial or Administrative Remedies: Mechanisms to appeal or challenge CON decisions.
  • Sunset or Review: Provisions for periodic review of the CON program to assess effectiveness and make adjustments.

Who Would Be Affected

  • Health care providers seeking to expand or establish services or facilities that fall under the CON scope.
  • Hospitals, hospital systems, and ambulatory care centers contemplating major capital projects.
  • Health system planners, financing entities, and construction firms involved in regulated health care developments.
  • Consumers and patients who may experience changes in access, availability, and potentially the cost of care depending on how the CON process influences project approval.
  • State regulators and administrative agencies charged with administering, enforcing, and enforcing CON requirements.

Procedural and Timeline Considerations

  • Introduction: SB 171 was introduced in the Senate on February 6, 2026.
  • Committee Path: Referred to the Senate Committee on Committees (the standard path for initial scheduling and assignment to subject-matter committees).
  • Potential Next Steps (if advanced): Referral to a health care, appropriations, or government regulation committee for hearings and amendments; publication of final text; potential floor votes in the Senate and then the House, followed by any conference or gubernatorial action.
  • Effective Date: Any enacted provisions would specify an effective date, including possible phase-in periods for existing projects or ongoing CON applications.

Additional Notes

  • The summary above reflects typical components of CON-related legislation in Kentucky. The exact provisions, thresholds (e.g., dollar amounts or bed/clinic thresholds), and procedural changes will depend on the enacted text of SB 171.
  • For a precise understanding, the bill’s full language, fiscal impact statement, and any committee amendments should be reviewed upon release.

Compiled from official sources — confirm details with the bill’s official record.

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