State Sen. Michael V. Lee has introduced a new bill in the North Carolina Senate to repeal certificate of need requirements for surgical and rehabilitation facilities across the state, according to the North Carolina State Senate.
The proposal, filed as SB 1040 on April 30 in the 2025 regular session, carries the short title, ‘Repeal CON for ASCs and Inpatient Rehab.’
The summary below is based on the bill text and includes clarifications for its main provisions.
SB 1040 would remove North Carolina’s certificate of need requirements for ambulatory surgical facilities as well as for inpatient rehabilitation services, facilities, and beds. It also deletes corresponding outdated definitions from state law and updates cross-references so ambulatory surgical facilities would fall under current licensure statutes rather than certificate of need legislation. One-time funding of $50,000 is allotted for the 2026-27 fiscal year for the Department of Health and Human Services to carry out these changes and create a plan for ending all remaining certificate of need laws within three years of passage. The bill is set to take effect July 1, 2026.
Among the three sponsors, Jim Burgin led with 112 bills introduced during the 2025 regular session.
North Carolina’s legislative process for bills involves a series of steps before a bill becomes law. Lawmakers initially file a bill, which is sent to a committee for consideration. Each chamber must read the bill three times. If amendments are made in one chamber after passage in the other, agreement on a final version is required. Upon final approval by both chambers, the bill advances to the governor, who has 10 days (or 30 days if the legislature is adjourned) to sign, veto, or allow it to become law without a signature.
Further details about current bills and legislative actions are available here.
Lee earned his BA from the University of North Carolina at Chapel Hill in 1991 and a JD from Wake Forest University Law School in 1997.
A Republican, Lee was elected to represent North Carolina’s 7th Senate district in the State Senate in 2023, succeeding Jim Perry.
| Authors | Bill Number | Date Filed | Title |
|---|---|---|---|
| Michael V. Lee, Benton G. Sawrey, and Jim Burgin | SB 1040 | 04/30/2026 | Repeal CON for ASCs and Inpatient Rehab. |
| Michael V. Lee | SB 1002 | 04/30/2026 | Micro-Budget Productions & Film Grant Changes. |
| Michael V. Lee, Dana Jones, and Kevin Corbin | SB 1006 | 04/30/2026 | K-12 Innovation and Transformation Act. |
| Michael V. Lee, Michael A. Lazzara, and Timothy D. Moffitt | SB 1010 | 04/30/2026 | FUTURE NC Infrastructure Act. |
| Michael V. Lee, Brad Overcash, and Ralph Hise | SB 1037 | 04/30/2026 | DIGITAL NC Act. |
| Michael V. Lee | SB 1038 | 04/30/2026 | Henry’s Law. |
| Michael V. Lee and Jay J. Chaudhuri | SB 1039 | 04/30/2026 | Construction Inspection Efficiency Act. |
| Michael V. Lee, Kevin Corbin, and Todd Johnson | SB 1041 | 04/30/2026 | Public Workforce Modernization Act. |
| Michael V. Lee and Danny Earl Britt, Jr. | SB 1043 | 04/30/2026 | 2026 Water Safety Act. |
| Michael V. Lee, Kevin Corbin, and Ralph Hise | SB 1044 | 04/30/2026 | Foundational Mathematics Act. |
| Michael V. Lee, Bob Brinson, and Norman W. Sanderson | SB 1066 | 04/30/2026 | Alternative Bridge Funding Formula. |
| Michael V. Lee and Michael A. Lazzara | SB 970 | 04/30/2026 | E-Bike Definition and Local Regulation. |
| Michael V. Lee, Amy S. Galey, and Brad Overcash | SB 990 | 04/30/2026 | Students First Act. |
| Michael V. Lee, Brad Overcash, and Lisa S. Barnes | SB 991 | 04/30/2026 | Community College Workforce Readiness Act. |
| Michael V. Lee, Brent Jackson, and Ralph Hise | SB 914 | 04/29/2026 | 2026 Appropriations Act. |
| Michael V. Lee, Brent Jackson, and Ralph Hise | SB 915 | 04/29/2026 | 2026 Governor’s Budget. |
| Michael V. Lee, Brent Jackson, and Ralph Hise | SB 916 | 04/29/2026 | 2026 Appropriations Act. |
| Michael V. Lee, Brent Jackson, and Ralph Hise | SB 940 | 04/29/2026 | 2026 Appropriations Act. |
| Michael V. Lee, Jim Burgin, and Tom McInnis | SB 840 | 04/27/2026 | Teacher Licensure Modifications. |
| Michael V. Lee, W. Ted Alexander, and Warren Daniel | SB 829 | 04/22/2026 | Drivers License Reciprocity/Taiwan. |
| Michael V. Lee, Brad Overcash, and Timothy D. Moffitt | SB 493 | 03/25/2025 | Land Use Clarification and Changes. |
| Michael V. Lee, Bobby Hanig, and Michael A. Lazzara | SB 505 | 03/25/2025 | Address Abandoned and Derelict Vessels. |
| Michael V. Lee, Brad Overcash, and Kevin Corbin | SB 506 | 03/25/2025 | ATR Salary Sups and Grant Increases. |
| Michael V. Lee, Brad Overcash, and Kevin Corbin | SB 507 | 03/25/2025 | Auto Enrollment in Advanced ELA Courses. |
| Michael V. Lee, Dana Jones, and Tom McInnis | SB 508 | 03/25/2025 | LL to CPL/Apprenticeship Program. |
| Michael V. Lee and Michael A. Lazzara | SB 576 | 03/25/2025 | E-Bike Definition and Local Regulation. |
| Michael V. Lee, Eddie D. Settle, and Vickie Sawyer | SB 579 | 03/25/2025 | Transforming the High School Experience. |
| Michael V. Lee and Dana Jones | SB 580 | 03/25/2025 | Competency-Based Education Grant Program. |
| Michael V. Lee, Jay J. Chaudhuri, and Jim Burgin | SB 581 | 03/25/2025 | Revise Neglected Juvenile Definition. |
| Michael V. Lee, Dan Blue, and Gladys A. Robinson | SB 596 | 03/25/2025 | Critical Campus Funding Repairs. |
| Michael V. Lee, Brad Overcash, and Kevin Corbin | SB 619 | 03/25/2025 | AI Academic Support Grant Program. |
| Michael V. Lee | SB 666 | 03/25/2025 | 2025 Water Safety Act. |
| Michael V. Lee, Danny Earl Britt, Jr., and David W. Craven, Jr. | SB 693 | 03/25/2025 | Veteran Access, Liberty, Options for Recovery. |
| Michael V. Lee, Bill Rabon, and David W. Craven, Jr. | SB 706 | 03/25/2025 | County Waste Management Assistance. |
| Michael V. Lee, David W. Craven, Jr., and Ralph Hise | SB 709 | 03/25/2025 | 2025 State Investment Modernization Act.-AB |
| Michael V. Lee, Amy S. Galey, and Phil Berger | SB 754 | 03/25/2025 | School Calendar Flexibility:A New Alternative. |
| Michael V. Lee, Brent Jackson, and Ralph Hise | SB 440 | 03/24/2025 | 2025 Governor’s Budget. |
| Michael V. Lee, Brad Overcash, and Kevin Corbin | SB 441 | 03/24/2025 | Revive High-Need Retired Teachers Program. |
| Michael V. Lee and Lisa Grafstein | SB 448 | 03/24/2025 | Remove Employment Barriers/Ppl w Disabilities. |
| Michael V. Lee, Brad Overcash, and Kevin Corbin | SB 449 | 03/24/2025 | Continuing Budget Operations Part IV. |
| Michael V. Lee, Brent Jackson, and Ralph Hise | SB 257 | 03/10/2025 | 2025 Appropriations Act. |
| Michael V. Lee, Brent Jackson, and Ralph Hise | SB 258 | 03/10/2025 | 2025 Appropriations Act. |
| Michael V. Lee, Brent Jackson, and Ralph Hise | SB 263 | 03/10/2025 | 2025 Appropriations Act. |
| Michael V. Lee, Timothy D. Moffitt, and Tom McInnis | SB 223 | 03/03/2025 | Expand Academic Trans. Pathways/Sophomore HS. |
| Michael V. Lee, Brad Overcash, and Phil Berger | SB 227 | 03/03/2025 | Eliminating “DEI” in Public Education. |
| Michael V. Lee, Amy S. Galey, and Brad Overcash | SB 195 | 02/27/2025 | Protect Campus Survivors Act. |
| Michael V. Lee and Bill Rabon | SB 203 | 02/27/2025 | City of Wilmington/Property Conveyances. |
| Michael V. Lee, Kevin Corbin, and Todd Johnson | SB 124 | 02/21/2025 | State Hiring Accessibility and Modernization. |
| Michael V. Lee, Dana Jones, and Kevin Corbin | SB 125 | 02/21/2025 | Various Education Changes. |
| Michael V. Lee, Brad Overcash, and Kevin Corbin | SB 133 | 02/21/2025 | NCCCS Learning Management System. |
| Michael V. Lee, Benton G. Sawrey, and Michael A. Lazzara | SB 109 | 02/17/2025 | Veterans Appreciation Act. |
| Michael V. Lee, Dana Jones, and Paul Newton | SB 101 | 02/13/2025 | Protect Tax-Advantaged Accts. & Living Donors. |
| Michael V. Lee, Jim Burgin, and Lisa S. Barnes | SB 55 | 02/05/2025 | Student Use of Wireless Communication Devices. |
| Michael V. Lee | SB 34 | 01/30/2025 | 7th Senatorial District Local Act-1. |
