Wisconsin Certificate of Need Laws
Wisconsin
Mostly Free
Year Enacted
—
Services Regulated
—
National Rank
14 of 51
Top Systems
- Advocate Aurora Health
- Ascension Wisconsin
Reform Status
Mostly Free with no active reform bill.
Key Case
No major case law on record.
Wisconsin's CON program is a narrow exception in an otherwise free market. The only service requiring approval is the establishment of or increase in beds for nursing homes and certain long-term care facilities.
4 Services Held Hostage
- ✓Hospitals
- ✓Ambulatory Surgery Centers (ASCs)
- ✓Nursing Homes / Long-Term Care
- ✓Imaging (MRI, CT, PET)
The Permission Process
The process is administered by the Wisconsin Department of Health Services under the Nursing Home Bed Moratorium (Wis. Stat. 150.31).
The Wisconsin Healthcare Cartel
The broader hospital and outpatient market is competitive, featuring several large non-profit systems. These systems compete on price and quality, unhindered by CON for most services. Major players include:
Like many states, Wisconsin had a broad CON program covering a wide range of healthcare services. This system was criticized for stifling competition and innovation.
Reform Status: Mostly Free
Nursing Home Bed Moratorium
Post-1987: Repeal & Moratorium
In a significant move towards deregulation, Wisconsin repealed most of its CON laws. However, political pressure led to the retention of the moratorium on new nursing home beds, preserving a pocket of protectionism.
Learn about another state that has undertaken significant reforms.
Data sourced from state statutes, Department of Health Services publications, and market analysis by The Rojas Report.
Last updated: April 2026