North Carolina 2025 Session Status: In Committee 5 R cosponsors

SB 1040 — Repeal CON for ASCs and Inpatient Rehab.

Last action — Reptd Fav Com Substitute

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced April 30, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Stalled 24% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 5 sponsors

    2 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 R).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

This bill repeals certificate of need laws for ambulatory surgical facilities and inpatient rehabilitation services.

The bill aims to eliminate certificate of need requirements for ambulatory surgical facilities and inpatient rehabilitation services in North Carolina. It also allocates funds to the Department of Health and Human Services to enact these changes and plan the phase-out of remaining certificate of need laws.

Bill Text

What changed in the latest version

70 added · 74 removed

Plain-language change summary

The updated version of Senate Bill 1040 has added clarifications about the requirements for establishing specialty ambulatory surgical programs. Specifically, it specifies that these programs must be located in counties with populations over 125,000, and includes new verification steps for applicants. This matters because it could impact where these facilities are allowed to open, potentially improving access to surgical care in larger communities while ensuring that facilities meet certain criteria.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 2 SENATE BILL 1040 Health Care Committee Substitute Adopted 5/13/26 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 1 SENATE BILL 1040 Short Title:
Senators Lee, Sawrey, and Burgin (Primary Sponsors).
May 4, 2026 A BILL TO BE ENTITLED AN ACT REPEALING CERTIFICATE OF NEED LAWS FOR AMBULATORY SURGICAL FACILITIES AND FOR INPATIENT REHABILITATION SERVICES, FACILITIES, AND BEDS;
Rules and Operations of the Senate May 4, 2026 A BILL TO BE ENTITLED AN ACT REPEALING CERTIFICATE OF NEED LAWS FOR AMBULATORY SURGICAL FACILITIES AND FOR INPATIENT REHABILITATION SERVICES, FACILITIES, AND BEDS;
… *S1040-v-2* General Assembly Of North Carolina Session 2025 (7d) Gastrointestinal endoscopy room.
… *S1040-v-1* General Assembly Of North Carolina Session 2025 (7d) Gastrointestinal endoscopy room.
Page 2 Senate Bill 1040-Second Edition General Assembly Of North Carolina Session 2025 … r.
Page 2 Senate Bill 1040-First Edition General Assembly Of North Carolina Session 2025 … r.
– A public or private inpatient facility which is operated for the primary purpose of assisting in the rehabilitation of individuals with disabilities through an integrated program of medical and other services which are provided under competent, professional supervision.A facility that has been classified and designated as an inpatient rehabilitation facility by the Centers for Medicare and Medicaid Services pursuant to Part 412 of Subchapter B of Chapter IV of Title 42 of the Code of Federal Regulations.
– A public or private inpatient facility that is operated for the primary purpose of assisting in the rehabilitation of individuals with disabilities through an integrated program of medical and other services provided under competent, professional supervision.
(2) Theapplicant verifies,byaffidavit submittedtotheDivision ofHealth Service Regulation within 60 days of the effective date of this act, that the facility is inoperationasoftheeffectivedateofthisactorthatthecompletedapplication Senate Bill 1040-Second Edition Page 3 General Assembly Of North Carolina Session 2025 for the building permit for the facility was submitted by the effective date of this act;
(2) Theapplicant verifies,byaffidavit submittedtotheDivision ofHealthService Regulation within 60 days of the effective date of this act, that the facility is inoperationasoftheeffectivedateofthisactorthatthecompletedapplication for the building permit for the facility was submitted by the effective date of this act;
(3) The facility has been accredited by The Accreditation Association for Ambulatory Health Care, The Joint Commission on Accreditation of Healthcare Organizations, or The American Association for Accreditation of Ambulatory Surgical Facilities by the time the license application is postmarked for delivery to the Division of Health Service Regulation of the Department;
(3) The facility has been accredited by The Accreditation Association for Ambulatory Health Care, The Joint Commission on Accreditation of Senate Bill 1040-First Edition Page 3 General Assembly Of North Carolina Session 2025 Healthcare Organizations, or The American Association for Accreditation of Ambulatory Surgical Facilities by the time the license application is postmarked for delivery to the Division of Health Service Regulation of the Department;
Page 4 Senate Bill 1040-Second Edition
Page 4 Senate Bill 1040-First Edition
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How this bill changes current law

7 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill repeals certificate of need requirements for ambulatory surgical facilities and inpatient rehabilitation services, including specific definitions and provisions related to them.

  • N.C.G.S. § 131E-176

    Ambulatory surgical facility. - A facility designed for the provision of a specialty ambulatory surgical program or a multispecialty ambulatory surgical program.

    Removes the definition of ambulatory surgical facility.

  • N.C.G.S. § 131E-176

    Ambulatory surgical program. - A formal program for providing on a same-day basis those surgical procedures that require local, regional, or general anesthesia and a period of post-operative observation to patients whose admission for more than 24 hours is determined, prior to surgery or gastrointestinal endoscopy, to be medically unnecessary.

    Removes the definition of ambulatory surgical program.

  • N.C.G.S. § 131E-176

    Rehabilitation facility. - A public or private inpatient facility which is operated for the primary purpose of assisting in the rehabilitation of individuals with disabilities through an integrated program of medical and other services which are provided under competent, professional supervision.

    Removes the definition of rehabilitation facility.

  • N.C.G.S. § 131E-178(a)

    No person shall offer or develop a new institutional health service without first obtaining a certificate of need from the Department;

    Removes the requirement for obtaining a certificate of need for new institutional health services.

  • N.C.G.S. § 131E-176(5b)

    Chemical dependency treatment beds. - Beds that are licensed for the inpatient treatment of chemical dependency.

    Removes the definition of chemical dependency treatment beds.

  • N.C.G.S. § 131E-176(5c)

    Chemical dependency treatment facility. - A public or private facility, or unit in a facility, that is engaged in providing 24-hour-a-day treatment for chemical dependency or a substance use disorder.

    Removes the definition of chemical dependency treatment facility.

  • N.C.G.S. § 131E-176(21)

    Qualified urban ambulatory surgical facility. - An ambulatory surgical facility that meets all of the following criteria: a. Is licensed by the Department to operate as an ambulatory surgical facility.

    Removes the definition of qualified urban ambulatory surgical facility.

Action History

  1. Reptd Fav Com Substitute

  2. Com Substitute Adopted

  3. Re-ref Com On Appropriations/Base Budget

  4. Withdrawn From Com

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

  6. Passed 1st Reading

  7. Ref To Com On Rules and Operations of the Senate

  8. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 3 co-sponsors · 174 not signed on

Sponsors (2)

Co-sponsors (3)

Not signed on (174)

174 members have not signed on to this bill.

Show all 174 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 1040?
SB 1040 is sponsored by Norman W. Sanderson (Republican), Amy S. Galey (Republican), Jim Burgin (Republican), Benton G. Sawrey (Republican), and Michael V. Lee (Republican).
What is the current status of SB 1040?
This bill is in committee in the Senate. Introduced April 30, 2026. It must pass committee before a floor vote.
Where can I track SB 1040?
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Last checked for changes 3 months ago · updated continuously

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