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Illinois Certificate of Need Laws

Certificate of Need Intelligence

Illinois

65/100

Restrictive

Year Enacted

1974

Services Regulated

6+

National Rank

27 of 51

Top Systems

  • Edward Hospital

Reform Status

States That Reformed

Key Case

Edward Hospital, Plainfield Facility Denial. The case illustrates how the CON process can be weaponized, not just to protect incumbents from comp

Illinois calls it the Health Facilities Planning Act. It should be called the Incumbent Protection Racket Act. One insurer controls 97% of the HMO market. The state's CON law is the moat that protects this castle, ensuring no new competition can threaten the cozy arrangement between dominant insurers and hospital systems.

01Scope of Regulation

2 Services Behind the Gate

  • Hospitals
  • Major Medical Equipment
02The Application Process

The Permission Process

The HFSRB reviews all applications for new healthcare facilities and major capital expenditures. The process allows incumbent systems to protest, effectively giving existing players a veto over new competition. Application fees can reach $150,000.

The Health Facilities and Services Review Board denied the application. The hospital's CEO alleged the denial was retaliatory after she exposed a kickback scheme within the review process. Despite the allegations, the board formally rejected the CON, leaving the community without the facility it needed.

The case illustrates how the CON process can be weaponized, not just to protect incumbents from competition, but potentially to punish those who challenge the system itself.

Data sourced from Illinois Health Facilities and Services Review Board, Centers for Medicare & Medicaid Services (CMS), Federal Trade Commission, American Hospital Association, and Cicero Institute.

03Market Concentration

The Illinois Healthcare Cartel

Edward Hospital

Three systems control 100% of Louisville's inpatient market.

04Case Law & Denials

Edward Hospital, Plainfield Facility Denial

Edward Hospital, Plainfield Facility Denial

05Legislative Environment

States That Reformed

States That Reformed

Data sourced from Illinois Health Facilities and Services Review Board, Centers for Medicare & Medicaid Services (CMS), Federal Trade Commission, American Hospital Association, and Cicero Institute.

Last updated: April 2026