Opinion/Analysis: You’ve probably never heard of anti-competitive ‘certificate of need’ laws but they’re harming your health care

Imagine if a state law prohibited new restaurants from opening in your town unless an aspiring restaurateur successfully convinced the government that the area “needed” another eatery. Now imagine if that law didn’t stop there – that it also gave incumbent restaurants a say in the matter. If one could persuade the government that a new entrant would harm its interests – or could marshal its employees to lobby the state to protect their jobs – then that new restaurant would never open. Freed from competition, existing restaurants could hike prices or reduce service. And there would be little diners could do about it. Such laws actually exist. But they don’t govern restaurants. They prevent new hospitals and clinics from being built. These anti-competitive statutes, known as “certificate of need” (CON) laws, are driving up health care costs across the country. It’s time to repeal them. New York enacted the first certificate of need law in 1964. State lawmakers feared that hospital groups would build too many facilities and pass the cost of creating and maintaining excess capacity on to consumers. So they required health care providers to seek permission before constructing or expanding hospitals or clinics. In 1974, the federal government effectively forced states to put certificate of need laws on their books as a condition for receiving federal funding. But instead of keeping health care prices stable, CON laws concentrated market power with incumbent providers, who then gouged consumers. On average, U.S. hospital spending grew at a 14 percent annualized rate during the 1970s and a 9.6 percent annualized rate over the course of the 1980s. The federal government repealed its CON law requirement in 1986. Since then, 15 states have abolished their statutes. But 35 states and the District of Columbia still enforce them. And their residents pay a heavy price. Those 36 jurisdictions have 99 fewer hospital beds per 100,000 people than non-CON states, according to a study from the Mercatus Center at George Mason University. Patients in CON states also travel farther to receive health care. And they pay a lot more for it. Per capita health spending is 11 percent higher in states with CON laws than in those without them. These anti-competitive laws make it particularly hard for rural patients to access care. There are 30 percent fewer rural hospitals per capita in states with CON laws, according to another Mercatus study.

Thanks to Sally C. Pipes for that piece.  Sally C. Pipes is president, CEO, and Thomas W. Smith Fellow in Health Care Policy at the Pacific Research Institute. Her latest book is “The False Promise of Single-Payer Health Care” (Encounter 2018). Follow her on Twitter @sallypipes.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s