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North Dakota Certificate of Need Laws

Certificate of Need Intelligence

North Dakota

5/100

Mostly Free

Year Enacted

Services Regulated

National Rank

14 of 51

Top Systems

  • Sanford Health
  • CHI St. Alexius

Reform Status

Mostly Free with no active reform bill.

Key Case

No major case law on record.

North Dakota maintains a very limited Certificate of Need program, creating a mostly free market for healthcare services. This minimal regulatory environment has resulted in one of the least restrictive states in the nation.

01Scope of Regulation

4 Services Held Hostage

  • Hospitals
  • Ambulatory Surgery Centers (ASCs)
  • Nursing Homes / Long-Term Care
  • Imaging (MRI, CT, PET)
02The Application Process

The Permission Process

Source materials include state legislative documents, reports from the Mercatus Center, and public filings from health systems. All data as of latest update.

03Market Concentration

The North Dakota Healthcare Cartel

Sanford Health
CHI St. Alexius
05Legislative Environment

Reform Status: Mostly Free

North Dakota has effectively achieved full repeal for most of the healthcare economy. The remaining CON laws for long-term care facilities face little political opposition, as they are seen as a tool for managing capacity in a specialized sector. There is no significant legislative push for further changes.

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

Last updated: April 2026