CON Application Fees
CON applications must be accompanied by an application processing fee. Payment of fees should be by check made out to the New York State Department of Health.
An additional fee is charged for CON applications that involve construction and are subject to administrative or full review. This fee is only levied on approved proposals, and should not be submitted at the time of application. The applicant will be informed of the amount due in the contingent approval letter that is issued when a project receives approval.
Pursuant to Chapter 58 of the Laws of 2009, CON fees have been increased, and new fees have been imposed on applications for establishment and applications subject to limited review. In addition, under the new legislation, fees apply to applications by providers licensed under Articles 36 (home care agencies) and 40 (hospice) of the Public Health Law. A schedule of the new fees is set forth below. The revenue derived from these new fees will be dedicated to developing and maintaining a web-based, electronic CON application that will streamline the processing of applications and make the process more transparent.
Chapter 58 establishes a new category of facilities solely for the purpose of determining fees – Safety Net Diagnostic and Treatment Centers ("D&TCs"). As noted below, applications submitted by qualifying facilities are subject to reduced fees. "Safety Net D&TCs" are D&TCs operated by local health departments or not-for-profit entities, that are also:
- Federally Qualified Health Centers (FQHCs), FQHC look-alikes, Homeless Health Centers; or
- Family Planning Clinics that provide comprehensive family planning and reproductive health care services under a grant from the Department; or
- Recipients of a distribution from the D&TC Indigent Care Pool in the calendar year in which the application is submitted or, if no distributions have been made in the calendar year at the time of submission, recipients of a distribution in the year prior to submission; or
- Principally providers of primary care that provide or project that they will provide at least 20 percent of their visits, in the aggregate, to Medicaid beneficiaries and uninsured patients (operating applicants in this category must demonstrate their qualification by attaching Exhibit I-D of the AHCF cost report, and applicants not in operation must demonstrate their qualification through the CON application at Schedule 13D-4); or
- Other primary care providers serving Medicaid beneficiaries and the uninsured, based on a determination by the Department.
For purposes of this designation, primary care includes family planning and dental services. Applications to establish or expand ambulatory surgery centers, dialysis facilities, methadone maintenance facilities, or facilities principally providing rehabilitation therapies will not be eligible for this classification.
Certificate of Need and Limited Review Fee Schedule
| Type of Review | Facility/Agency | Application Fee | Construction Fee |
|---|---|---|---|
| Establishment - Non Construction (includes all transfers of ownership or control) | Hospital, Nursing Homes | $3,000 | N/A |
| D&TC's, Midwifery Birth Centers (MBCs), Certified Home Health Agency, Licensed Home Care Services, Hospice | $2,000 | N/A | |
| Safety Net D&TCs | $1,000 | N/A | |
| Construction - Full Review | Hospital, Nursing Homes, D&TCs, MBCs | $2,000 | .55% x costs |
| Construction - Full Review | Safety Net D&TCs | $1,250 | .45% x costs |
| Construction - Full Review (Change in service area, construction with significant cost, change in capacity, change in service delivery) | Certified Home Health Agency, Long Term Home Health Care Program, Hospice | $2,000 | .30% x cost |
| Construction - Administrative | Hospital, Nursing Home, D&TCs, MBCs | $2,000 | .30% x cost |
| Construction - Administrative | Safety Net D&TCs | $1,250 | .25 % x cost |
| Construction - Administrative (CHHA: SHRPC declines reveiw; Hospice: lower cost than full) | Certified Home Health Agency, Long Term Home Health Care Program, Hospice | $2,000 | .30% x cost |
Limited Review Application Fee Schedule
| Type of LRA | Fee | Safety Net D&TC Fee |
|---|---|---|
| Minor Construction | $1,000 | $500 |
| Equipment | $1,000 | $500 |
| Service Delivery | $500 | $250 |
| Non-Clinical | $500 | $250 |
| Health Information Technology | $500 | $250 |
| Cardiac Services | $500 | $250 |
| Relocation of Extension Clinic | $1,000 | $500 |
| Part-Time Clinic | $500 | $250 |
Limited Review Applications for more than one type of project listed shall only submit a single fee, reflecting the higher of the applicable fees.
