Legislation affecting the CON program was filed by Senator Tony Rand (D, Cumberland). Senate Bill 804 – CON Changes would delay the issuance of a CON when a final agency decision is working its way through the appellate division of our courts. Current law requires issuance of a certificate within five days of a final agency decision, which can lead to confusion when development of a facility proceeds during the pendency of an appeal.  While the proposal addresses a legitimate issue, the NCMS is concerned that it could create an incentive for incumbent providers to appeal all certificates issued to new market participants, adding years to the final resolution of many CON applications. The time and expense associated with a CON application will increase. The NCMS will continue to work on this issue and keep you informed of our progress.