Nebraska
Nebraska requires CONs within two broad categories – hospital beds and beds outside hospitals. Its CON laws apply only to long-term care and rehabilitation beds in hospitals, skilled nursing facilities, intermediate care facilities and nursing facilities. Nebraska also maintains moratoria on adding long-term care beds and rehabilitation beds. Neb. Rev. Stat. §§ 71-5829.04, 71-5829.06. Nebraska is one of only five states that do not allow competitors to intervene during the CON application process.
COVID-19 Response
On March 31, 2020, Governor Ricketts suspended the CON requirements for long-term care and rehabilitation beds to permit hospitals to add and/or convert any beds to long-term care or rehabilitation beds. Exec. Order No. 20-12 (Mar. 31, 2020). The order also suspended the existing moratoria on increasing long-term care beds and rehabilitation beds. The suspension was to remain effect until 30 days after the lifting of the COVID-19 state of emergency.
Application Process
In Nebraska, the CON application process takes 60 days. Neb. Rev. Stat. § 71-5846. Applications can be submitted at any time. The nonrefundable fee for a CON application is $1,000. Neb. Rev. Stat. § 71-5837. The Nebraska CON law does not allow competitors to intervene in the application process or offer evidence or argument as to why an application should be denied.
CON? | Number of CONs | Moratoria | Temporary COVID-19 response: | |
---|---|---|---|---|
Hospital Beds | Yes | 7 | 2 | Suspended at least some CON laws |
Beds Outside Hospitals | Yes | 11 | 2 | Suspended at least some CON laws |
Equipment | No | – | – | – |
Facilities/ Buildings | No | – | – | – |
Services | No | – | – | – |
Emergency Medical Transport | No | – | – | – |
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