Alaska Statutes
Alaska Stat. § 18.07.031 (2026)
Certificate of need required; relocations
✓ current as of July 2026
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Sec. 18.07.031. Certificate of need required; relocations.
(a) Except as provided in (c) and (d) of this section, a person may not make an expenditure of $1,000,000 or more for any of the following unless authorized under the terms of a certificate of need issued by the department:
(1) construction of a health care facility;
(2) alteration of the bed capacity of a health care facility; or
(3) addition of a category of health services provided by a health care facility.
(b) Notwithstanding the expenditure threshold in (a) of this section, a person may not convert a building or part of a building to a nursing home that requires licensure as a nursing facility under AS 47.32 unless authorized under the terms of a certificate of need issued by the department.
(c) Notwithstanding (a) of this section, a person who is lawfully operating a health care facility that is an ambulatory surgical facility at a site may make an expenditure of any amount in order to relocate the services of that facility to a new site in the same community without obtaining a certificate of need as long as neither the bed capacity nor the number of categories of health services provided at the new site is greater.
(d) Beginning July 1, 2005, the $1,000,000 expenditure threshold in (a) of this section is increased by $50,000 annually on July 1 of each year up to and including July 1, 2014.
(e) In (a) of this section, “expenditure” includes the purchase of property occupied by or the equipment required for the health care facility and the net present value of a lease for space occupied by or the equipment required for the health care facility; “expenditure” does not include costs associated with routine maintenance and replacement of equipment at an existing health care facility.
(a) Except as provided in (c) and (d) of this section, a person may not make an expenditure of $1,000,000 or more for any of the following unless authorized under the terms of a certificate of need issued by the department:
(1) construction of a health care facility;
(2) alteration of the bed capacity of a health care facility; or
(3) addition of a category of health services provided by a health care facility.
(b) Notwithstanding the expenditure threshold in (a) of this section, a person may not convert a building or part of a building to a nursing home that requires licensure as a nursing facility under AS 47.32 unless authorized under the terms of a certificate of need issued by the department.
(c) Notwithstanding (a) of this section, a person who is lawfully operating a health care facility that is an ambulatory surgical facility at a site may make an expenditure of any amount in order to relocate the services of that facility to a new site in the same community without obtaining a certificate of need as long as neither the bed capacity nor the number of categories of health services provided at the new site is greater.
(d) Beginning July 1, 2005, the $1,000,000 expenditure threshold in (a) of this section is increased by $50,000 annually on July 1 of each year up to and including July 1, 2014.
(e) In (a) of this section, “expenditure” includes the purchase of property occupied by or the equipment required for the health care facility and the net present value of a lease for space occupied by or the equipment required for the health care facility; “expenditure” does not include costs associated with routine maintenance and replacement of equipment at an existing health care facility.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1981–2026 · leading case: Beal v. McGuire, 216 P.3d 1154 (Alaska 2009).
Beal v. McGuire, 216 P.3d 1154 (Alaska 2009). “As amended in 1982, AS 18.07.031 required anyone intending to spend $1 million or more on the construction of a health care facility to first obtain a certificate of need (CON) from the Alaska Department of Health and Social Services (DHSS).”
Alaska Spine Ctr., LLC v. Mat-Su Valley Med. Ctr., LLC, 440 P.3d 176 (Alaska 2019). “The Legislative History Of AS 18.07.031 Is Not Contrary To The Plain Meaning Of "Same Community.”
Sisters of Providence in Washington, Inc. v. Dep't of Health & Soc. Servs., 648 P.2d 970 (Alaska 1982). “The Department is the state agency responsible for administering the Alaska certificate of need program (AS 18.07.031 — .111). 2 . In 1974, the United States Congress enacted the National Health Planning and Resources Development Act of 1974, Pub.”
Valley Hosp. Ass'n v. Mat-Su Coalition for Choice, 948 P.2d 963 (Alaska 1997). “AS 18.07.031. The Department of Health and Social Services determines whether to grant a Certificate of Need based on health care demand and resources.”
Jackson v. Power, 743 P.2d 1376 (Alaska 1987). “…by whether it receives JCAH accreditation. See Hol-brook & Dunn, supra n. 13. 15 . See AS 18.20.020. 16 . See AS 18.07.031.”
Bridges v. Banner Health, 201 P.3d 484 (Alaska 2008). “See AS 18.07.031. Subsection (d) mandates that "[bJeginning July 1, 2005, the $1,000,000 expenditure threshold in (a) of this section is increased by $50,000 annually on July 1 of each year up to and including July 1, 2014.”
Mat-Su Valley Med. Ctr., LLC v. Advanced Pain Centers of Alaska, Inc., 218 P.3d 698 (Alaska 2009). “© IV, CONCLUSION For these reasons, we REVERSE the grants of summary judgment in favor of Advanced Pain and the state, and REMAND for further proceedings.”
South Cent. Health Plan. & Dev., Inc. v. Comm'r of the Dep't of Admin., 628 P.2d 551 (Alaska 1981). “II The skilled nursing facility proposed to be constructed as an addition to the Anchorage Pioneer’s Home requires a certificate of need under AS 18.07.031. A skilled nursing facility is a “health care facility.”
Beal v. McGuire, 216 P.3d 1148 (Alaska 2009). “As amended in 1982, AS 18.07.031 required anyone intending to spend $1 million or more on the construction of a health care facility to first obtain a certificate of need (CON) from the Alaska Department of Health and Social Services (DHSS).”
Fuhs v. Gilbertson, 186 P.3d 551 (Alaska 2008). “And because Fubs waived his argument that he should be shielded from attorney's fees awards under Rule 82(b)(8)(I), the superior court did not err in awarding attorney's fees to Providence and Gilbertson. We therefore AFFIRM the dismissals of both of Fubs's superior court cases…”
Dep't of Cmty. & Reg'l Affairs, State v. Sisters of Providence in Washington, 752 P.2d 1012 (Alaska 1988). “AS 18.07.031. . See Beirne v. Smith, 704 P.”
Alaska Spine Inst. Surgery Ctr., LLC v. State, Dep't of Health & Soc. Servs., 266 P.3d 1043 (Alaska 2011). “092 5 and AS 18.07.031. 6 In this case, the service area remained the same.”
— Alaska Stat. § 18.07.031(a) — 1 case
Alaska Spine Ctr., LLC v. Mat-Su Valley Med. Ctr., LLC, 440 P.3d 176 (Alaska 2019). “The Legislative History Of AS 18.07.031 Is Not Contrary To The Plain Meaning Of "Same Community.”
— Alaska Stat. § 18.07.031(a)(1) — 1 case
— Alaska Stat. § 18.07.031(c) — 4 cases
Beal v. McGuire, 216 P.3d 1154 (Alaska 2009). “As amended in 1982, AS 18.07.031 required anyone intending to spend $1 million or more on the construction of a health care facility to first obtain a certificate of need (CON) from the Alaska Department of Health and Social Services (DHSS).”
Alaska Spine Ctr., LLC v. Mat-Su Valley Med. Ctr., LLC, 440 P.3d 176 (Alaska 2019). “The Legislative History Of AS 18.07.031 Is Not Contrary To The Plain Meaning Of "Same Community.”
Beal v. McGuire, 216 P.3d 1148 (Alaska 2009). “As amended in 1982, AS 18.07.031 required anyone intending to spend $1 million or more on the construction of a health care facility to first obtain a certificate of need (CON) from the Alaska Department of Health and Social Services (DHSS).”
Alaska Spine Inst. Surgery Ctr., LLC v. State, Dep't of Health & Soc. Servs., 266 P.3d 1043 (Alaska 2011). “092 5 and AS 18.07.031. 6 In this case, the service area remained the same.”
— Alaska Stat. § 18.07.031(d) — 2 cases
Alaska Spine Ctr., LLC v. Mat-Su Valley Med. Ctr., LLC, 440 P.3d 176 (Alaska 2019). “The Legislative History Of AS 18.07.031 Is Not Contrary To The Plain Meaning Of "Same Community.”
Mat-Su Valley Med. Ctr., LLC v. Advanced Pain Centers of Alaska, Inc., 218 P.3d 698 (Alaska 2009). “© IV, CONCLUSION For these reasons, we REVERSE the grants of summary judgment in favor of Advanced Pain and the state, and REMAND for further proceedings.”
— Alaska Stat. § 18.07.031(e) — 1 case
Beal v. McGuire, 216 P.3d 1148 (Alaska 2009). “As amended in 1982, AS 18.07.031 required anyone intending to spend $1 million or more on the construction of a health care facility to first obtain a certificate of need (CON) from the Alaska Department of Health and Social Services (DHSS).”
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