107 Iowa L. Rev. 287 (2021)

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Abstract

This Note discusses Iowa’s regulatory certificate of need (“CON”) program. The CON program requires healthcare providers to seek and receive permission from the State prior to changing their facilities and services. This Note focuses on how this regulatory regime has had unintended consequences for mental healthcare and the people who rely on it for treatment. After providing a history of CON legislation and the mental health crisis in the United States, this Note specifically addresses how Iowa’s CON statute contributes to a poor mental health infrastructure and the increased rate of incarceration of people suffering from mental illness. This Note concludes with possible solutions that diminish the role of the CON process or increase the attention paid to mental health.