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Maryland Certificate of Need Laws

Certificate of Need Intelligence

Maryland

95/100

Most Restrictive

Year Enacted

Services Regulated

National Rank

41 of 51

Top Systems

  • Johns Hopkins Health$9.0B
  • University of Maryland Medical$8.7B
  • MedStar Health

Reform Status

Most Restrictive with no active reform bill.

Key Case

No Public Record of Denials

Maryland Health Care Commission (MHCC)

01Scope of Regulation

3 Services Behind the Gate

  • Hospitals
  • Nursing Homes / Long-Term Care
  • Home Health Agencies
02The Application Process

The Permission Process

90 days (standard) to 150 days (with hearing)

Our investigation found no publicly documented instances of the Maryland Health Care Commission formally denying a Certificate of Need application. While approvals are noted in reports, specific details on denied projects, withdrawn applications under pressure, or legal challenges are not made available. This lack of transparency makes it impossible to quantify the full chilling effect of the law on potential healthcare innovators and the patients they would serve.

With 100% of its acute-care hospitals owned by large systems and a commercial insurance market dominated by two carriers, the state\\'s healthcare economy is a consolidated fortress. The CON law serves as the primary defense mechanism, protecting incumbents from new competition and preserving the status quo.

03Market Concentration

Johns Hopkins Health. $9.0B. Insurer Dominance.

Johns Hopkins Health$9.0B
University of Maryland Medical$8.7B
MedStar Health

Insurer Dominance

  • Top Insurer Market Share
  • Insurer Market Share (Fully Insured)
  • CareFirst BCBS

Sources: Maryland statutes and regulations; Maryland Health Care Commission reports; academic and policy analyses; press releases and health system data.

04Case Law & Denials

No Public Record of Denials

No Public Record of Denials

05Legislative Environment

Reform Status: Most Restrictive

~$9.0 Billion Revenue (FY25)

~$8.7 Billion Revenue (FY23)

~$1.85 Billion Revenue (Flagship)

Maryland has not undertaken a wholesale repeal of its CON program. Reforms have been piecemeal, focusing on adjusting capital thresholds for inflation (2006) and tightening the criteria for competitor interventions (2023). These changes do not fundamentally alter the restrictive nature of the law.

Data sourced from state agencies, Cicero Institute, and public records.

Last updated: April 2026