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nebraska

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.

Types of CONs

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 - - -

For more details, including exceptions and statutes, read the state's full profile here.

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