Alaska Statutes
Alaska Stat. § 18.07.041 (2026)
Standard of review for applications for certificates of need relating to non-nursing home beds and services
✓ current as of July 2026
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Sec. 18.07.041. Standard of review for applications for certificates of need relating to non-nursing home beds and services.
The department shall grant a sponsor a certificate of need or modify a certificate of need that authorizes beds other than nursing home beds or that is for a health care facility other than a nursing home if the availability and quality of existing health care resources or the accessibility to those resources is less than the current or projected requirement for health services required to maintain the good health of citizens of this state.
The department shall grant a sponsor a certificate of need or modify a certificate of need that authorizes beds other than nursing home beds or that is for a health care facility other than a nursing home if the availability and quality of existing health care resources or the accessibility to those resources is less than the current or projected requirement for health services required to maintain the good health of citizens of this state.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1982–2026 · leading case: Beal v. McGuire, 216 P.3d 1154 (Alaska 2009).
Beal v. McGuire, 216 P.3d 1154 (Alaska 2009). “Per AS 18.07.041, subsequent CONs authorizing the operation of competing facilities will only be issued if DHSS determines that the "availability and quality of existing health care resources or the accessibility to those resources is less than the current or projected…”
Valley Hosp. Ass'n v. Mat-Su Coalition for Choice, 948 P.2d 963 (Alaska 1997). “AS 18.07.041. 13 This program creates in VHA a type of health care monopoly.”
Sisters of Providence in Washington, Inc. v. Dep't of Health & Soc. Servs., 648 P.2d 970 (Alaska 1982). “AS 18.07.041 sets out the standard to be used in determining whether to grant a certificate of need: The office shall grant a sponsor a certificate of need or modify a certificate of need if the availability and quality of existing health care resources or the accessibility to…”
Beal v. McGuire, 216 P.3d 1148 (Alaska 2009). “Per AS 18.07.041, subsequent CONs authorizing the operation of competing facilities will only be issued if DHSS determines that the “availability and quality of existing health care resources or the accessibility to those resources is less than the current or projected…”
Maple Springs Mgmt., LLC a Utah Ltd. Liab. Co. v. State of Alaska, Dep't of Health (Alaska 2026). “This version of AS 18.07.041 was updated to limit its applicability only to certificate applications proposing to construct facilities “other than nursing home beds or .”
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