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
- 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
- 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
- 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
- Midwifery Birth Center CON Submission Guidance
- Transplant Services Submission Guidance and Instructions for LRA-eligible Services
- Infusion Therapy Services in Diagnostic and Treatment Centers
- Establishment CON Notification Requirements for Existing Nursing Homes
Licensed Home Care Services Agency (LHCSA) Application
Form Required for Transfer of Ownership Interest (90/120 day) Notice Submissions
- Transfer of Ownership Interest Notice Form (DOC)
- Guidance (DOC)
