How to Determine if CON Submission is Required

• Types of Health Care Facilities Subject to CON Process
• Project Types Requiring CON Application
• Information About the CON process
• Schedules and Forms for CON and Related Submissions
• Selected Issues

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

• Flowchart of the CON Process
• Types of Reviews and CON Review Types by Facility Type
• Definitions of CON Terms
• Certificate of Need Review Criteria

Schedules, Forms, and Guidance Documents

Forms and Schedules

• List of CON Schedules
• CON Schedules Required for Administrative and Full Review Application
• Limited Review Application
• Application fees
• Health Equity Impact Assessment Forms
• Architectural or Engineering Certification Forms
  • Architectural or Engineering Certification Letters - Directions for Use (PDF)
  • List of Architectural or Engineering Certification Letters
    • Architect's Letter of Certification for Proposed Construction or Renovation for Projects That Will Be Self-Certified. Self-Certification Is Not an Option for Projects over $15 Million, or Projects Requiring a Waiver (PDF)
    • Architect's Letter of Certification for Proposed Construction or Renovation Projects to Be Reviewed by DOH or DASNY. (PDF) (Not to Be Submitted with Self-Certification Projects)
    • Architect's Letter of Certification for Completed Projects (PDF)
    • Architect's or Engineer's Letter of Certification for Inspecting Existing Buildings (PDF)
• Physicist's Letter of Certification (PDF)
• Construction Notice Forms
  • Learn About the Written Notice Requirements and Procedures
  • Architectural and Engineering Self-Certification (AES) Process Flowchart (PDF)
• Architect's or Engineer's Letter of Certification for Construction Notice (PDF) (This Form Is To Be Used Only for Minor Projects That Do Not Require the Submission of CON Schedules)

Guidance Documents

• How to submit CON Applications
  • NYSE-CON
• Technical Information About the Data Ready CON Schedules
• Tips for Submitting a Complete CON Application (PDF)
• New York State DOH and DASNY Electronic Drawing Submission Guidance for CON Reviews (PDF)
• Nursing Home Hemodialysis Submission Guidance and Frequently Asked Questions
• Nursing Home Hemodialysis Guidance and Instructions (PDF)
• FAQs for Nursing Home Hemodialysis (PDF)
• Midwifery Birth Center CON Submission Guidance
  • Midwifery Birth Center CON Submission Guidance (PDF)
  • Midwifery Birth Centers CON Guidance PowerPoint (PDF)
• Transplant Services Submission Guidance and Instructions for LRA-eligible Services
  • LRA Transplant Services Submission Guidance and Instructions (PDF)
• Infusion Therapy Services in Diagnostic and Treatment Centers
  • Clinical Checklist for Infusion Therapy Services in a Diagnostic and Treatment Center (PDF)
• Establishment CON Notification Requirements for Existing Nursing Homes
  • DAL NH 22-08 New Notice Requirements for Nursing Home Establishment Applications (PDF)

Licensed Home Care Services Agency (LHCSA) Application

• See Licensed Home Care Services Agencies (LHCSAs)

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

• Transfer of Ownership Interest Notice Form (DOC)
• Guidance (DOC)

Selected Issues

• Article 28 Business Conversions
• Requirements for Outside Managers of Article 28 LLCs (Limited Liability Companies)
• Article 7 Adult Care Facilities - Please refer to the Adult Care Facility and Assisted Living Common Application
• Adult Care Facility / Assisted Living Residence Public Comment List