A Modern Healthcare article reports growing public and governmental sentiment that is openly against CON, because it stifles competition; however, hospital associations continue to fight for states to keep CON laws. source
A December 2018 report released by the Departments of Health and Human Services, Labor, and Treasury arguing that CON laws are costly barriers that restrict investment that would stunt competition. source
As of 2019, 35 states have adopted CON. Three have a version of CON and 12 do not have CON. source