Here is a graph of states that require a certificate of need and states that do not, as well as the number of Medicare-certified ASCs in each state (from the last year of reported data, 2007). A CON is a state regulatory review process that requires an application to the Department of Public Health for, and receipt of, a CON prior to the offering or development of a new or changed health facility.
This data comes from VMG Health's Multi-Specialty ASC Intellimarker 2011.
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