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Research Letter| Volume 21, ISSUE 4, P559-561.e1, April 2020

Evolution of the Nursing Home Industry in States With Different Certificate of Need Policies

Published:November 05, 2019DOI:https://doi.org/10.1016/j.jamda.2019.09.014
      One of the earliest efforts to curb needless health care spending in the United States was certificate-of-need (CON) programs, which limit and manage the expansion of different health care institutions. CON programs mainly targeted nursing homes and home health industry that provide long-term care that is predominantly financed by states through Medicaid program. A large set of empirical studies documented that CON laws have been unsuccessful in limiting growth of hospital,
      • Antel J.J.
      • Ohsfeldt R.L.
      • Becker E.R.
      State-regulation and hospital costs.
      ,
      • Conover C.J.
      • Sloan F.A.
      Does removing certificate-of-need regulations lead to a surge in health care spending?.
      nursing home,
      • Nyman J.A.
      Testing for excess demand in nursing home care markets.
      ,
      • Grabowski D.C.
      • Ohsfeldt R.L.
      • Morrisey M.A.
      The effects of CON repeal on Medicaid nursing home and long-term care expenditures.
      and home health
      • Miller N.A.
      • Ramsland S.
      • Goldstein E.
      • Harrington C.
      Use of Medicaid 1915 (c) home- and community-based care waivers to reconfigure state long-term care systems.
      ,
      • Miller N.A.
      • Harrington C.
      • Goldstein E.
      Access to community-based long-term care: Medicaid’s role.
      spending. Despite this lack of evidence on the effectiveness of CON programs, 34 states have some form of CON programs that remained mostly unchanged over the last 3 decades. Such long-term presence of CON laws raises an important concern that CON imposes a barrier to entry and diminishes the threat of competition for incumbents that may affect the quality of care.
      • Rahman M.
      • Galarraga O.
      • Zinn J.S.
      • et al.
      The impact of certificate-of-need laws on nursing home and home health care expenditures.
      Thus, nursing homes in states with and without CON laws may have been in 2 very different competitive atmospheres over time.
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      References

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        Med Care Res Rev. 2016; 73: 85-105
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        Nursing home caregiver staffing levels and quality of care—A literature review.
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