Frequently Asked Questions

The advice provided below should not be considered a final legal opinion and these answers do not cover all conceivable circumstances. Specific questions should be directed to the Certificate of Need office.

General Concerns
I was told I needed a CON. What do I do now?
How can the Contact Person be changed for a project?
Is a CON required to change the owner and/or operator?
Is a CON required to purchase a hospital, nursing home or residential facility?
How is the CON application fee calculated?
What is the difference between “full” and “expedited” applications?
How often does the Committee meet to make full application decisions?
How often are expedited application decisions made?

Acute Care Concerns
Is a CON required to add beds to a hospital?
Is a CON required to purchase medical equipment?
Is a CON required to replace a piece of major medical equipment?
Is a CON required to replace a hospital?
Is the 15-mile radius service area applicable to new hospital projects?
Is a non-applicability request required if my project costs less than the expenditure minimum?

Long Term Care Concerns
Is there still a state moratorium on long-term care beds?
What do I have to do to establish a residential care facility or nursing home?
Do I need a CON to take care of elderly people in my home?
Is a non-applicability request required if my project costs less than the expenditure minimum?

I was told I needed a CON. What do I do now?
First, become familiar with CON laws and regulations. Second, contact CON staff to discuss your project.

How can the Contact Person be changed for a project?
Submit a Contact Person Correction form to the CON office.

Is a CON required to change the owner and/or operator?
Yes, committee action is required if such an action occurs before the project is completed and in operation.

Is a CON required to purchase a hospital, nursing home or residential facility?
No, a CON is not required to purchase an existing and operational facility.

How is the CON application fee calculated?
The application fee is based on a nonrefundable amount of one-tenth of one percent (0.1%), rounded to the nearest dollar, of the total project cost. There is a nonrefundable minimum fee of $1,000.

What is the difference between “full” and “expedited” applications?
Mostly review time and size of application. A full application takes at least 71 days with a comprehensive set of questions, whereby an expedited application takes a minimum of 41 days with a minimal set of questions. The application fee is the same.

How often does the Committee meet to make full application decisions?
Approximately every eight weeks. See Calendars & Events for dates.

How often are expedited application decisions made?
There is a ballot decision cycle each month. See Calendars & Events for dates.

Is a CON required to add beds to a hospital?
No, a CON is not required to add beds to an existing hospital, unless they are long-term care hospital beds, intermediate care facility beds or skilled nursing facility beds.

Is a CON required to purchase medical equipment?
Yes, a CON is required if a piece of major medical equipment costs more than $1,000,000, regardless of location (i.e. hospital, freestanding facility, etc.). Cost includes any functionally-related devices required to make the equipment operational, including shipping, rigging, shielding, installation and software.

Is a CON required to replace a piece of major medical equipment?
Yes, if the equipment being replaced received CON approval, and costs more than $1,000,000, the project qualifies for an expedited review; or, if CON approval was not received, a full application is required.

Is a CON required to replace a hospital?
Yes, a CON is required for a newly-licensed facility at a specific location.

Is the 15-mile radius service area applicable to new hospital projects?
No, the service area can be an appropriate geographic region documented by the applicant and approved by the Committee.

Is a non-applicability request required if my project costs less than the expenditure minimum?
No, if your project is for a new hospital or major medical equipment acquisition, but it is highly recommended, especially if the cost is close to $1,000,000.

Is there still a state moratorium on long-term care beds?
No, the state moratorium expired on January 1, 2003.

What do I have to do to establish a residential care facility or nursing home?
A full CON is required if the cost to establish a facility is $600,000 more. If the cost is less than $600,000, a non-applicability package must be submitted.

Do I need a CON to take care of elderly people in my home?
Yes, if a nursing home or residential care facility license is required and the cost is $600,000 or more.

Is a non-applicability request required if my project costs less than the expenditure minimum?
Yes, if your project is for a nursing home or residential care facility.