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.

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 – – –

Note: these citations are accurate as of May 2020.

Nebraska is one of only five states that do not allow competitors to intervene during the CON application process. 

Nebraska CONs in Detail

Category

Moratoria/Types of CONs

Neb. Rev. Stat

Hospital Beds

1.Moratorium on long-term care beds unless a listed exception applies.

§ 71-5829.04

2.Moratorium on rehabilitation beds unless a listed exception applies.

§ 71-5829.06

1.Initial establishment of long-term care beds.

§ 71-5829.03(1)

2.Initial establishment of rehabilitation beds.

§ 71-5829.03(1)

3.Increase in long-term care beds by more than 10 beds or more than 10% of the total long-term care bed capacity of the hospital, whichever is less, over a two-year period.

§§ 71-5829.03(2),

71-5803.06

4.Increase in rehabilitation beds by more than 10 beds or more than 10% of the total rehabilitation bed capacity of the hospital, whichever is less, over a two-year period.

§§ 71-5829.03(3),

71-5803.06

5.Any initial establishment of long-term care beds through conversion by a hospital of any type of hospital beds to long-term care beds if the total beds converted by the hospital are more than 10 beds or more than 10% of the total bed capacity, whichever is less, over a two-year period.

§ 71-5829.03(4)

6.Any initial establishment of rehabilitation beds through conversion by a hospital of any type of hospital beds to rehabilitation beds if the total beds converted by the hospital are more than 10 beds or more than 10% of the total bed capacity, whichever is less, over a two-year period.

§ 71-5829.03(5)

7.Any relocation of rehabilitation beds in Nebraska from one hospital to another health facility.

§§ 71-5829.03(6),

71-5803.06

Category

Moratoria/Types of CONs

Neb. Rev. Stat

Beds Outside Hospitals

1.Moratorium on long-term care beds unless a listed exception applies.

§ 71-5829.04

2.Moratorium on rehabilitation beds unless a listed exemption applies.

§ 71-5829.06

1.Initial establishment of long-term care beds.

2.Initial establishment of rehabilitation beds.

§ 71-5829.03(1)

3.Increase in long-term care beds in a skilled nursing facility by more than 10 beds or more than 10% of the total long-term care bed capacity, whichever is less, over a two-year period.

4.Increase in long-term care beds in an intermediate care facility by more than 10 beds or more than 10% of the total long-term care bed capacity, whichever is less, over a two-year period.

5.Increase in long-term care beds in a nursing facility by more than 10 beds or more than 10% of the total long-term care bed capacity, whichever is less, over a two-year period.

§§ 71-5829.03(2),

71-5803.04

6.Increase in rehabilitation beds in a skilled nursing facility by more than 10 beds or more than 10% of the total rehabilitation bed capacity of the hospital, whichever is less, over a two-year period.

7.Increase in rehabilitation beds in an intermediate care facility by more than 10 beds or more than 10% of the total rehabilitation bed capacity of the hospital, whichever is less, over a two-year period.

§§ 71-5829.03(3),

71-5803.06

8.Increase in rehabilitation beds in a nursing facility by more than 10 beds or more than 10% of the total rehabilitation bed capacity of the hospital, whichever is less, over a two-year period.

9.Any relocation of rehabilitation beds in Nebraska from one skilled nursing facility to another health facility.

10.Any relocation of rehabilitation beds in Nebraska from one intermediate care facility to another health facility.

11.Any relocation of rehabilitation beds in Nebraska from one nursing facility to another health facility.

§§ 71-5829.03(6),

71-5803.06

Equipment

No CONs in this category.

Facilities/Buildings

No CONs in this category.

Services

No CONs in this category.

Emergency Medical Transport

No CONs in this category.

Nebraska CON Exceptions

No CON Required For:

Neb. Rev. Stat.

1.Transfer or relocation of rehabilitation beds from a hospital, skilled nursing facility, intermediate care facility, or nursing facility to another health care facility owned and operated by the same entity.

§§ 71-5829.03(6), 71-5803.06

2.A change in classification between an intermediate care facility, a nursing facility, or a skilled nursing facility.

§ 71-5830.01(1)

3.A project of a county in which is located a metropolitan city for which a bond issue has been approved by the electorate of the county on or after 1/1/94.

§ 71-5830.01(2)

4.A project of a federally recognized Indian tribe to be located on tribal lands within Nebraska where (a) the tribe’s governing body has made a determination that the cultural needs of the tribe’s members cannot be adequately met by existing facility, and (b) the tribe has a self-determination agreement with the Indian Health Service of the U.S. Department of Health and Human Services.

§ 71-5830.01(3)

5.A transfer or relocation of long-term care beds from one facility to another entity in the same health planning region or any other health planning region.

§ 71-5830.01(4)

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