Certificate of need for senior housing, by state

Most states still control nursing home beds through a certificate of need, a moratorium or a bed cap; few control assisted living. NCSL lists no nursing home CON in 13 states, and a moratorium or bed cap in 8 more (Arkansas, Louisiana, Minnesota, Mississippi, Nebraska, Ohio, West Virginia, Wisconsin).

StateNursing home bedsAssisted livingNotes
AlabamaYesNot listedAla. Code § 22-21-260. Covers SNF, ICF and "Long-term care"
AlaskaYesNot listedCapital expenditures over $1M, including "Converting a building ... to a nursing home"
ArizonaNoNoNo CON program (ambulance only)
ArkansasYes (moratorium on residential care)YesLists "Assisted living facilities." Moratorium covers "Constructing a new residential care facility". Called a Permit of Approval.
CaliforniaNoNo
ColoradoNoNo
ConnecticutYesNot listedConn. Gen. Stat. 17b-352 covers nursing homes, rest homes and residential care homes. Residential care homes are not CT's assisted living license AL not named
DelawareYesNot listedCovers nursing homes and "Continual care community" (CCRC). Capital threshold $5.8M
District of ColumbiaYesNot listedD.C. Code § 44-401. Covers SNF and ICF
FloridaYesNo2026 HB 693 would have repealed nursing home CON. It passed the House 79–30 but the Senate record reads "3/13/2026 Senate - Died in Rules". NH CON stays in force.
GeorgiaYesListed (personal care homes)NCSL lists "Personal care homes". confirm with GA DCH Office of Health Planning
HawaiiYesNot listed2026 SB2289 (exemptions) was pending per HFMA, 2026-05-05
IdahoNoNo
IllinoisYesNot listedNCSL: "Illinois' CON law is scheduled to be repealed December 2029"
IndianaYes (comprehensive care beds)Not listedIDOH runs an annual review cycle and posts a "Bed Need Analysis, July 1, 2026", so the program is active.
IowaYesNot listedCovers nursing and "Residential care facilities". 2026 HF2635 raises thresholds
KansasNoNo
KentuckyYesNot listed
LouisianaYes (Facility Need Review) plus moratoriumNot listedMoratorium on "Nursing facilities (until July 1, 2027)". LA calls its process FNR, not CON
MaineYesNot listed2026 LD1890 raised the capital threshold to $7.5M (HFMA, 2026-05-05)
MarylandYesNot listed
MassachusettsYes (Determination of Need)Not listedNCSL: a prior LTC bed moratorium was eased the state now accepts some DoN applications
MichiganYesNot listed
MinnesotaMoratorium (no formal CON)Not listed"Nursing home beds ( Minn. Stat. § 144A.071 )" are under moratorium, with an exception process
MississippiYes plus moratoriumNot listedMoratorium covers SNF and ICF beds
MissouriYesYesLists "Residential care facilities. Assisted living facilities." Mo. Rev. Stat. § 197.300
MontanaYes (LTC only)Not listed2021 HB 231 limited CON "to only include oversight of long-term care facilities and swing beds"
NebraskaYes plus moratoriumNot listedMoratorium on LTC beds. 2026 LB437 enacted it extends CON validity "from one year to three years"
NevadaYes, rural counties onlyUNVERIFIEDCovers capital expenditures "above $2 million for constructing a new health care facility in rural counties". Health facility is broadly defined
New HampshireNoNoRepealed 2016
New JerseyYesYesNJ DOH approved "a new 115-bed Assisted Living Residence" under N.J.A.C. 8:33-5.1(a)(4) expedited review.
New MexicoNoNo
New YorkYesPartial (adult care facilities)NCSL: "Adult care facilities (process is different for ACFs compared to other facilities)"
North CarolinaYesYes (adult care homes)Lists "Adult care homes", NC's main licensed assisted living category
North DakotaNoNo
OhioYes plus moratoriumNot listedLTC bed moratorium (2019 HB 166) with exceptions
OklahomaYesNot listed
OregonYesNot listed
PennsylvaniaNoNo
Rhode IslandYesNot listedNCSL lists a nursing facility moratorium "(until July 1, 2022)".
South CarolinaYes (nursing homes only)No2023 law kept CON only for nursing homes and a few hospital items. 2026 H4799 (veterans' nursing homes exemption) passed the House and is pending
South DakotaNoNoSD has historically had a nursing-facility bed moratorium outside CON.
TennesseeYesNot listed2026 SB1369 phases out hospital CON by 2030. Nursing homes are not mentioned
TexasNoNoTexas controls Medicaid nursing bed certification separately
UtahNoNo
VermontYesNot listedThe moratorium is for home health, not nursing homes
VirginiaYes (COPN)Not listedNCSL: nursing bed increases are "subject to the department issuing a request for applications"
WashingtonYesNot listedNursing home capital expenditures over $2.83M
West VirginiaYes plus moratoriumNot listedMoratorium: "New intermediate care or skilled nursing beds"
WisconsinBed cap / approval (no formal CON)Not listed"Nursing homes are subject to a statewide bed limit"
WyomingNo (since 2026-07-01)NoSources conflict: NCSL lists "No" CON. Wyoming's HB0289 (Enrolled Act HEA 0049, Ch. 102) "repeals bed expansion limitations for nursing care facilities", effective 7/1/2026, so a nursing-bed limit was in force until then.

"Not listed" means NCSL's table does not name assisted living for that state, not that the state exempts it. Several states regulate a related license, such as personal care homes in Georgia and Kentucky or adult care facilities in New York, and the line between that license and assisted living differs by state. Confirm with the state's health planning agency before buying land.

Source: NCSL, Certificate of Need State Laws, updated April 29, 2025, covering January 2025, with later changes checked on state legislature and health department sites on 2026-10-24. HUD Handbook 4232.1 REV-1, 2.5.EE. Absorption is not a law firm and this is not legal advice.