Certificate of Public Advantage (COPA)

Public Health Law (PHL) Article 29–F sets forth the State´s policy of encouraging appropriate collaborative arrangements among health care providers who might otherwise be competitors. The statute requires the New York State Department of Health (Department) to establish a regulatory structure allowing it to engage in appropriate state supervision as necessary to promote state action immunity under state and federal antitrust laws. The regulations establish a process for providers to apply for a Certificate of Public Advantage (COPA) for their collaborative arrangements such as mergers and clinical integration agreements. The Department will consult with the Office of the Attorney General and, if appropriate, the Office of Mental Health, the Office of Alcoholism and Substance Abuse Services and/or the Office for People With Developmental Disabilities, and will consult with and receive a recommendation from the Public Health and Health Planning Council before granting a COPA.

COPA Regulations

Pursuant to Article 29–F, the Department has issued regulations establishing a process for the issuance of a Certificate of Public Advantage. The regulations, effective December 17, 2014, can be found here:

It should be noted that although such regulations were initially proposed as a new Subpart 83–1 of Title 10 of the New York Codes, Rules and Regulations, they have been codified as a new Subpart 83–2. Thus, for example, references to section 83–1.1 in the regulations previously posted should be cited as 10 NYCRR § 83–2.1.

COPA Applications

The application for a COPA is available here:

Completed COPA applications should be sent to copa@health.ny.gov. Questions about completion of an application may be submitted to the same email address.

Applications will be reviewed by the Department on a rolling basis and applicants will be notified by the Department when the review is completed.

COPA Applications Submitted in Conjunction with DSRIP

Frequently Asked Questions (FAQs) have been issued to provide guidance to Performing Provider Systems (PPSs) that intend to submit an application for a COPA pursuant to PHL Article 29–F and associated regulations in conjunction with a Delivery Reform System Incentive Payment (DSRIP) Program Project Plan application. As noted in the FAQs, a completed COPA application submitted by a PPS in conjunction with DSRIP can be sent to dsrip@health.ny.gov with "COPA Application" in the subject line. Questions regarding DSRIP–related COPAs should be sent to the same address with "COPA" in the subject line.

The FAQs are available here:

Posting of Application Information and Instructions for Comments

As required by the COPA regulations, 10 NYCRR § 83–2.3(a), a COPA applicant must conspicuously post on its public website, in a form determined by the Department, a description of the application with an electronic link to the section of the Department´s public website where applications for Certificates of Public Advantage are summarized. If the party has no public website, it shall provide notice to the public in a manner acceptable to the Department.

In addition, pursuant to 10 NYCRR § 83–2.3(b), the Department shall publish on its public website a notice of the receipt of each application for a COPA, with a brief summary of the application and instructions for persons wishing to provide comments.

Summaries of COPA applications received to date are available here:

The public may submit written comments to the Department and/or comment on a COPA application in person at a meeting of a designated committee of the Public Health and Health Planning Council.

Comments may be submitted within 20 days of publication of the notice on the Department´s webpage by email to copa@health.ny.gov or by regular mail to:

Center for Health Care Policy and Resource Development
Office of Primary Care and Health Systems Management
New York State Department of Health
Corning Tower – Room 1815
Empire State Plaza
Albany, New York 12237

When submitting written comments, please identify the application by name and reference code and provide a concise statement. Comments received by email or postmarked if sent by regular mail more than 20 days after the date information about the application is posted to the Department´s website may not be considered, unless there are extenuating circumstances that would justify an extension of the deadline.

The public also may comment on a COPA application in person at a PHHPC committee meeting, when the application of interest is on the committee´s agenda. To determine if an application is on an upcoming agenda, please visit the PHHPC webpage. If you intend to comment on a COPA application at a designated committee of the Public Health and Health Planning Council meeting, please email copa@health.ny.gov.

The recommendation of the designated PHHPC committee will be presented to the full PHHPC for review and recommendation.