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Rhode Island Certificate of Need Laws

Certificate of Need Intelligence

Rhode Island

80/100

Highly Restrictive

Year Enacted

Services Regulated

National Rank

33 of 51

Top Systems

  • Dept. of Health

Reform Status

Highly Restrictive with no active reform bill.

Key Case

Case Study: Encompass Health Denied

Rhode Island's long-standing and expansive Certificate of Need program creates significant barriers to entry, protecting incumbent health systems and limiting consumer choice. The state's healthcare market is highly concentrated, with a few dominant players.

01Scope of Regulation

7 Services. One Board. Zero Competition.

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

The Permission Process

In 2021, a proposal by Encompass Health to build a new 50-bed inpatient rehab hospital was overturned on appeal from existing providers. The stated reason was a lack of public need, effectively protecting incumbent hospitals from new competition and forcing patients to rely on existing, potentially overburdened, facilities.

03Market Concentration

The Rhode Island Healthcare Cartel

Dept. of Health

Insurer Dominance

  • Insurer Market Concentration
  • BCBS of Rhode Island dominates the commercial market with a staggering 76% share in the large-group market.

New services with >$1.7M annual operating cost

Lifespan, Care New England, and CharterCARE are the three largest systems, controlling the majority of inpatient volume.

04Case Law & Denials

Case Study: Encompass Health Denied

Case Study: Encompass Health Denied

05Legislative Environment

Reform Status: Highly Restrictive

Rhode Island's CON law has been amended over 25 times but never fully repealed. A 2026 bill to repeal the statutes was introduced but has not passed, indicating that significant reform is not on the immediate horizon. The state remains committed to its CON regime, with periodic adjustments rather than a fundamental overhaul.

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

Last updated: April 2026