Certificate of Need

Establishment CON Notification Requirements for Existing Nursing Homes

Certificate of Need (CON) applications made to the Department of Health that establish a different nursing home operator for an existing facility or establish a change of ownership interest in an existing nursing home are subject to the new Subdivision 2-b of Article 2801-a of Public Health Law. Please see the Dear Administrator and Operator letter issued March 25, 2022, which explains the requirements and can be found here: DAL NH 22-08 New Notice Requirements for Nursing Home Establishment Applications (PDF)

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.