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HB 1104

RELATING TO AMENDING SECTION 323D-54, HAWAII REVISED STATUTES, TO EXEMPT THE DEPARTMENT OF HEALTH FROM CERTIFICATE OF NEED REQUIREMENTS.

2026 Regular Session Introduced by Nadine Nakamura

HB 1104 exempts Hawaii's Department of Health from Certificate of Need regulatory requirements, allowing faster healthcare infrastructure decisions without state approval review.

Carried over to 2026 Regular Session.
#certificateofneed #doh #exemption #shpda
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Bill Summary · HB 1104

Legislative bill overview

HB 1104 would amend Hawaii Revised Statutes Section 323D-54 to exempt the Department of Health from Certificate of Need (CON) requirements. Certificate of Need laws typically require healthcare providers to obtain state approval before making significant capital expenditures or adding new services. This exemption would allow the Department of Health to bypass this regulatory review process.

Why is this important

The Department of Health oversees public health facilities and programs across Hawaii, so exempting it from CON requirements could accelerate healthcare infrastructure decisions and reduce bureaucratic delays. However, CON requirements exist to control healthcare costs and prevent unnecessary duplication of services, so removing oversight could have fiscal implications for the state healthcare system and competition considerations.

Potential points of contention

  • Regulatory oversight loss: Removing CON requirements eliminates independent review of Department of Health capital projects, potentially reducing accountability for major spending decisions
  • Fair competition: Exempting a public health entity from rules that apply to private healthcare providers may create unequal competitive conditions in Hawaii's healthcare market
  • Cost control concerns: CON processes are designed to prevent unnecessary healthcare infrastructure expansion; exemption could lead to unchecked spending or redundant facilities without comparative analysis

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

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