Montana Certificate of Need Laws
Montana
Mostly Free
Year Enacted
—
Services Regulated
—
National Rank
14 of 51
Top Systems
- Billings Clinic
Reform Status
1975 (Mostly Repealed)
Key Case
No major case law on record.
Dept. of Public Health and Human Services
5 Services Held Hostage
- ✓Hospitals
- ✓Ambulatory Surgery Centers (ASCs)
- ✓Nursing Homes / Long-Term Care
- ✓Home Health Agencies
- ✓Imaging (MRI, CT, PET)
The Permission Process
The process for the remaining CON is administered by the DPHHS, but its narrow focus means few applications are filed.
The Montana Healthcare Cartel
1975 (Mostly Repealed)
1975 (Mostly Repealed)
Billings Clinic, Providence Health
Current Law (Post-Repeal)
Montana stands as a success story for CON repeal. By eliminating the certificate of need requirement for hospitals, ASCs, and other critical access points, the state has prioritized market competition and provider autonomy. The only remaining vestige is the requirement for long-term care facilities.
Previous Law (Pre-Repeal)
Originally enacted in 1975, Montana's former CON program was broader, covering a wider range of healthcare facilities and services. The decision to repeal these provisions reflects a legislative shift towards free-market principles in healthcare, recognizing that such laws often stifle innovation and access.
Understanding CON Repeal
Another state that has successfully repealed most of its CON program.
Data sourced from state agencies, Cicero Institute, and public records.
Last updated: April 2026