Skip to main content
Log in

Can health spending be reined in through supply restraints? An evaluation of certificate-of-need laws

  • Original Article
  • Published:
Journal of Public Health Aims and scope Submit manuscript

Abstract

Aims

Most US states use certificate-of-need (CON) programs in an attempt to slow the growth of health care spending. The objective of this study is to evaluate how CON in fact affects health care spending.

Subjects and methods

With 1980–2009 state-level data on spending from the National Health Expenditure Accounts, this article uses fixed-effects regressions to evaluate how the presence and scope of state CON laws affect these spending outcomes.

Results

This article estimates that CON laws lead to a statistically significant 3.1% increase in total spending and finds that this increase is primarily driven by spending on physicians.

Conclusion

Rather than decreasing health care spending as intended, it appears that CON laws actually increase it. To the extent that policy makers wish to restrain health care spending, they may wish to repeal these laws.

This is a preview of subscription content, log in via an institution to check access.

Access this article

Price excludes VAT (USA)
Tax calculation will be finalised during checkout.

Instant access to the full article PDF.

Similar content being viewed by others

Notes

  1. See Koopman and Philpot (2016) for more information.

  2. This table does not represent an exhaustive search of the literature; see Mitchell (2016) for a more thorough review of the literature.

  3. Some of these distinctions are difficult to make; in particular, many physicians work inside hospitals. In this case, spending is counted under physician services if the physicians bill independently from the hospital but under hospital spending if not.

  4. For instance, the instruments used by Lanning et al. (1991) are state-level measures of Medicaid expenditures per capita, budget revenues per capita, percent of insurance premiums that are commercial, hospital beds per capita, percentage of beds in for-profit hospitals, ideology, and the party of the state government. These variables could all affect total spending in ways other than by affecting CON laws, violating the exclusion restriction; this is especially clear in the case of Medicaid spending, which adds directly into total spending.

References

  • Auster R, Oaxaca R (1981) Identification of supplier induced demand in the health care sector. J Hum Resour 16:327–342

    Article  CAS  Google Scholar 

  • Bailey J (2018) The effect of certificate-of-need laws on all-cause mortality. Health Serv Res 53:49–62

    Article  Google Scholar 

  • Bailey J, Hamami T, McCorry D (2017) Certificate of need laws and health care prices. J Health Care Finance 43(4):1–7

    Google Scholar 

  • Conover C, Sloan F (1998) Does removing certificate-of-need regulations lead to a surge in health care spending? J Health Polit Policy Law 23:455–481

    Article  CAS  Google Scholar 

  • Cutler D, Huckman RS, Kolstad JT (2010) Input constraints and the efficiency of entry: lessons from cardiac surgery. Am Econ J: Econ Policy 2:51–76. https://doi.org/10.1257/pol.2.1.51

    Article  Google Scholar 

  • DeLia D, Cantor JC, Tiedemann A, Huang CS (2009) Effects of regulation and competition on health care disparities: the case of cardiac angiography in New Jersey. J Health Polit Policy Law 34:63–91

    Article  Google Scholar 

  • Ford JM, Kaserman DL (1993) Certificate-of-need regulation and entry: evidence from the dialysis industry. South Econ J 59:783–791

    Article  Google Scholar 

  • Grabowski DC, Ohsfeldt RL, Morrisey MA (2003) The effects of CON repeal on Medicaid nursing home and long-term care expenditures. Inquiry 40:146–157

    Article  Google Scholar 

  • Hellinger F (2009) The effect of certificate-of-need laws on hospital beds and health-care expenditures: an empirical analysis. Am J Managed Care 15:737–744

    Google Scholar 

  • Ho V (2006) Does certificate of need affect cardiac outcomes and costs? Int J Health Care Finance Econ 6:300–324. https://doi.org/10.1007/s10754-007-9008-9

    Article  PubMed  Google Scholar 

  • Koopman C, Philpot A (2016) The state of certificate-of-need laws in 2016. Mercatus Center at George Mason University, Arlington, VA. https://www.mercatus.org/publications/state-certificate-need-laws-2016. Accessed 10/17/18

  • Lanning J, Morrisey M, Ohsfeldt R (1991) Endogenous hospital regulation and its effects on hospital and non-hospital expenditures. J Regul Econ 3:137–154

    Article  Google Scholar 

  • Mitchell M (2016) Do certificate-of-need laws limit spending? Mercatus Working Paper, Mercatus Center at George Mason University, Arlington, VA. https://www.mercatus.org/publication/do-certificate-need-laws-limit-spending. Accessed 10/17/18

  • Rahman M, Galarraga O, Zinn JS, Grabowski DC, Mor V (2016) The impact of certificate-of-need laws on nursing home and home health care expenditures. Med Care Res Review 73:85–105. https://doi.org/10.1177/1077558715597161

    Article  Google Scholar 

  • Reinhardt HL, Reinhardt HN, Reinhardt UE (1987) Lessons for hospital payment from ornithology. J Policy Anal Manage 6:449–450

    Article  CAS  Google Scholar 

  • Rivers PA, Fottler MD, Frimpong JA (2010) The effects of certificate-of-need regulation on hospital costs. J Health Care Finance 36:1–16

    Google Scholar 

  • Shortell SM, Hughes EFX (1988) The effects of regulation, competition, and ownership on mortality rates among hospital inpatients. N Engl J Med 318:1100–1107

    Article  CAS  Google Scholar 

  • Stratmann T, Russ J (2014) Do certificate-of-need laws increase indigent care? Mercatus working paper. Mercatus Center at George Mason University, Arlington

    Google Scholar 

Download references

Acknowledgements

Thanks to Eleanor Lewin, Michael Kotrous, Anna Chorniy, Mohamad Elbarasse, Matt Mitchell, Tom Hamami, Harry David, participants in the Creighton Business Economic Environment and Policy seminar, the Association of Private Enterprise Education and the American Society of Health Economists 2016 meetings and the International Health Economics Association 2017 for helpful comments. Thanks to the Mercatus Center for financial support and helpful comments.

Author information

Authors and Affiliations

Authors

Corresponding author

Correspondence to James Bailey.

Ethics declarations

Conflicts of interest

The authors have no conflicts of interest to declare.

Additional information

Publisher’s Note

Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

Appendix

Appendix

Table 8 Components of CON Index
Table 9 Summary Statistics for CON Index

Rights and permissions

Reprints and permissions

About this article

Check for updates. Verify currency and authenticity via CrossMark

Cite this article

Bailey, J. Can health spending be reined in through supply restraints? An evaluation of certificate-of-need laws. J Public Health (Berl.) 27, 755–760 (2019). https://doi.org/10.1007/s10389-018-0998-1

Download citation

  • Received:

  • Accepted:

  • Published:

  • Issue Date:

  • DOI: https://doi.org/10.1007/s10389-018-0998-1

Keywords

Navigation