https://thefederalist.com/2020/03/30/its-not-the-federal-governments-fault-new-york-doesnt-have-more-ventilators-its-andrew-cuomos/
While New York Gov. Andrew Cuomo blames the president and the federal government for the lack of beds and ventilators in his state, the power to determine the number of these critical medical supplies in New York hospitals falls squarely upon the shoulders of the governor.
During a Tuesday press conference, Cuomo lashed out at the federal government for not sending enough ventilators as the Wuhan coronavirus continues to rattle the state. “Four hundred ventilators? I need 30,000 ventilators,” Cuomo said. “You want a pat on the back for sending 400 ventilators?” The state is projecting it will need approximately 140,000 beds in 14 to 21 days, which is higher than its previous estimation of 110,000 beds by early to mid-May.
However, New York, along with 35 other states and the District of Columbia, have in place what are known as certificate-of-need (CON) laws. According to Reason, “Their stated purpose is to keep hospitals from overspending, and thus from having to charge higher prices to make up for unnecessary outlays of capital costs. But in practice, they mean hospitals must get a state agency’s permission before offering new services or installing a new medical technology. Depending on the state, everything from the number of hospital beds to the installation of a new MRI machine could be subject to CON review.”