Maine reforms healthcare law, expanding access for patients

Augusta, Maine; March 31, 2026: Maine took a step toward greater healthcare freedom today through reforms to its certificate of need (CON) laws. The reform empowers more healthcare entrepreneurs to open new facilities without first navigating a costly, time-consuming government approval process that requires competitors’ permission by raising the threshold for CON review from $3 million to $5 million for new medical facilities and indexes that figure to inflation going forward.

“Certificate of need laws have nothing to do with quality or safety; they exist to protect established healthcare businesses from competition,” said Jaimie Cavanaugh, Senior State Policy Counsel with Pacific Legal Foundation. “This reform is a win for every Maine patient who has waited too long for care, paid too much, or driven too far because these laws blocked new providers from opening their doors.”

Maine’s certificate of need laws have long required healthcare entrepreneurs to get permission from the very competitors they would challenge before they can open their doors. Pacific Legal Foundation submitted testimony in support of the reform, urging the legislature to follow the lead of neighboring states like Vermont, New York, and Washington, DC, which all raised their capital expenditure thresholds in 2025. The measure became law March 31, 2026, without the governor’s signature.

Pacific Legal Foundation continues to push for similar reforms in statehouses across the country, noting that states without certificate of need laws consistently show lower costs, shorter wait times, and better access to care — particularly in rural areas.