SB 1040 North Carolina Senate · 2025-2026 Session

Repeal CON for ASCs and Inpatient Rehab.

This bill removes the requirement for Ambulatory Surgical Facilities and Inpatient Rehabilitation Services to obtain a Certificate of Need before opening or expanding in North Carolina. It directly affects healthcare providers operating these facilities by eliminating a regulatory approval step that previously required state permission for new construction or major expansions. The legislation also allocates funds to the Department of Health and Human Services to help phase out the remaining Certificate of Need laws in the state and updates legal definitions to exclude behavioral health facilities from these review processes.

Bill status passed 3 of 5 stages cleared

Introduction

Apr 2026

Committee Review

May 2026

Senate Passage

May 2026

House Passage

Governor

Introduced Apr 30, 2026 Last action May 13, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

Edition 1 → Edition 2 · 4 edits

MODERATE

The bill text has been updated to reflect a new version (Edition 2) adopted by the Health Care Committee on May 13, 2026. Key changes include the removal of the original primary sponsors (Senators Lee, Sawrey, and Burgin) and the original referral to the Rules and Operations Committee, while adding a new referral status and a specific version identifier. These changes indicate the bill has moved through committee review and is being prepared for the next legislative stage.

Scope change

The bill's substantive scope regarding the repeal of CON for ASCs and Inpatient Rehab remains unchanged, but the procedural status has shifted from introduction to committee adoption.

TECHNICAL

The bill version identifier was updated from S1040-v-1 to S1040-v-2 to reflect the committee's adoption.

The list of original primary sponsors (Senators Lee, Sawrey, and Burgin) was removed from the header.

The original referral to the Rules and Operations Committee was removed.

A new committee adoption date (May 13, 2026) and a blank referral line were added.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

May 13, 2026

Committee

Re-ref Com On Appropriations/Base Budget

upper

May 13, 2026

Upper · Passed

Com Substitute Adopted

upper

May 13, 2026

Upper · Passed

Reptd Fav Com Substitute

upper

May 6, 2026

Committee

Re-ref to Health Care. If fav, re-ref to Appropriations/Base Budget

upper

May 4, 2026

Committee

Ref To Com On Rules and Operations of the Senate

upper

Apr 30, 2026

Introduced

Filed

upper

2 primary · 3 co-sponsors