Certificate of Need

Midwifery Birth Centers

The Department is now accepting Certificate of Need (CON) applications for Midwifery Birth Centers (MBCs) pursuant to Public Health Law Article 28 and 10 NYCRR Section 795. As an Article 28 health care facility, the CON process for MBCs is the same as for all other Article 28 entities. However, as with other health care facilities, MBCs have requirements and standards specific to the program. The Department has created an MBC-specific CON submission guidance document to assist new applicants: Midwifery Birth Center CON Submission Guidance. Questions about the CON process and requirements can be directed to cons@health.ny.gov. Questions about MBC programmatic requirements can be directed to hospinfo@health.ny.gov.

Licensed Home Care Services Agency Applications

The moratorium on the processing and approval of licensure applications for licensed home care services agencies (LHCSAs) expired on March 31, 2020. The Public Health Law Article 36 requirements and the Department’s regulations related to the new LHCSA public need methodology and financial feasibility reviews became effective as of April 1. However, due to the Department’s focus on the COVID-19 pandemic, a revised application and guidance will be delayed until further notice. As such, the Department is not accepting any LHCSA applications until the revised application is released and available. If you have any questions please email homecareliccert@health.ny.gov

New York's Certificate of Need (CON) process governs establishment, construction, renovation and major medical equipment acquisitions of health care facilities, such as hospitals, nursing homes, home care agencies, and diagnostic and treatment centers.

The objectives of the CON process are to promote delivery of high quality health care and ensure that services are aligned with community need. CON provides the Department of Health oversight in limiting investment in duplicate beds, services and medical equipment which, in turn, limits associated health care costs.