How to Determine if CON Submission is Required

Types of Health Care Facilities Subject to CON Process

The Certificate of Need (CON) program is a review process, mandated under state law, which governs the establishment, ownership, construction, renovation and change in service of specific types of health care facilities:

  • Article 28
    • Hospitals
    • Nursing Homes
    • Diagnostic and Treatment Centers
    • Midwifery Birth Centers
    • Ambulatory Surgery Centers
  • Article 36
    • Certified Home Health Agencies
    • Long Term Home Health Care Programs
  • Article 40
    • Hospices
  • Article 7
    • Adult Care Facilities (the CON process for ACFs is different from the process for other facilities. Please contact the Bureau of Certification and Finance, at (518) 408-1624, for information about the process for ACFs)
  • Adult Day Health Care Programs
  • Certain health programs associated with the Office of Mental Health (OMH), Office of Mental Retardation & Developmental Disabilities (OMRDD) and the Office of Alcoholism and Substance Abuse Services (OASAS) also require CON review.

Project Types Requiring CON Submission

These facilities are required to submit a CON application and obtain approval from the New York State Department of Health or the Public Health and Health Planning Council prior to:

  • Establishing and/or constructing new facilities, agencies, programs or hospices
  • Renovating existing facilities, agencies, programs or hospices
  • Acquiring major medical equipment
  • Adding or deleting services
  • Changing ownership of facilities, agencies, programs or hospices
  • Modifying service areas for agencies or hospices

Before proceeding with a CON, please contact the appropriate DOH regional office to find out if there are any local issues that should be taken into account in your application.

Information About the CON process

Schedules, Forms, and Guidance Documents

Forms and Schedules

Guidance Documents

Schedules and Forms for LHCSA Submissions

The moratorium on the processing and approval of licensure applications for licensed home care services agencies (LHCSAs) expired on March 31, 2020. The Department’s regulations related to the new LHCSA public need methodology and financial feasibility review are effective as of April 1. The two-year moratorium and the new application review standards were enacted as part of Part B of Chapter 57 of the Laws of 2018.

Given the Department’s focus on the COVID-19 pandemic, guidance and revised applications will be delayed until further notice. If you have any questions, please email homecareliccert@health.ny.gov.

Form Required for Transfer of Ownership Interest (90/120 day) Notice Submissions

Selected Issues