Certificate of Need Applications Approved

February 12, 1999

Subject: Revisions in the Article 28 Certificate of Need (CON) Application:

Dear Colleague:

On January 28, 1998, the Public Health Council adopted the Report and Recommendations of their ad hoc Workgroup on Character and Competence. This Workgroup developed a set of recommendations aimed at removing the impediments in state procedures, regulations and statute that inhibited the Public Health Council's flexibility to respond to the changes in health care organizations resulting from the increasing number of consolidations, mergers and acquisitions. In addition, the Workgroup recommended ways the Public Health Council could better:

  • assess how an organization's plans are responsive to community needs;
  • evaluate background and managerial experience of applicants with no prior health care operational experience; and
  • gain a sense of how an applicant's organization has community involvement or representation in its governance process.

The Workgroup's implementation strategy included revisions in the Article 28 CON full review application form. We are pleased to announce that the revisions recommended by the Workgroup for the CON applications have been implemented and became effective January 1, 1999. We have attached the revised pages to this letter. The effect of these revisions on the Article 28 CON application is as follows:

  • General Information - creation of a new section II entitled, "Officers, Directors or Managers (establishment applicant only)"; old sections II through V become new sections III through VI; and old section VI "General Questionnaire" is deleted.
  • Schedule 3 - Community Need - deletion of question 1; old questions 2-4 become new questions 1-3; creation of new question 4 a and b; deletion of the old question 6; and old questions 7 and 8 become new questions 6 and 7.
  • Schedule 20 - Personal Qualifying Information - deletion of section III; old sections IV through VI become new sections III through V; creation of new parts III B, III C; and creation of new IV D.

Please contact the New York State Department of Health Offices serving your area (list attached) to obtain the updated 1/99 CON application. If you are still using the old form, you should replace the old (1/86) General Information, Schedules 3 and 20 with their respective revised (1/99) pages, attached, and begin using them immediately.

Both the full and administrative Article 28 application forms with their respective instructions are currently undergoing a complete revision and updating to create a form that is more efficient and "user friendly." Because of this comprehensive undertaking, coupled with the fact that the specific revisions cited in this letter are self-explanatory, the Department will not be issuing revised CON application instructions at this time.

If, after reviewing the attached revised pages, you have any questions please contact Mr. Jonathan Wettergreen, in the Bureau of Project Management at (518) 402-0911.