Iryami Law Blog

Monday, June 24, 2013

Certificate of Need Applications (CON)

As described by the New York State Department of Health, Certificate of Need (CON) is the process that governs the establishment and construction of health care facilities in New York State.

Certificate of Need Applications (CONs) are required for all health care facilities, such as nursing homes and diagnostic and treatment centers (DNTs) that propose construction, acquisition of major medical equipment, changes in ownership and the addition of services.

A successful CON must typically demonstrate at least four elements:

1. Need: the need for the facility in the location proposed by the applicant.
2. Character: the fitness of the applicant to operate the proposed healthcare facility.
3. Competence: the competence of the applicant to operate the healthcare facility.
4. Feasibility. the financial feasibility of the proposed healthcare facility to generate revenues projected by the applicant.

The CON Application process involves compliance with various statutes set forth in the New York Public Health Law, and regulations promulgated by the New York State Department of Health. These statutes and regulations also describe the role of the Public Health Council and the State Hospital Review and Planning Council (SHRPC) with respect to certain applications submitted to the New York State Department of Health.

If you have any questions about the Certificate of Need Application (CON), please feel free to contact the Raymond Iryami Law Firm at 212-599-1081.





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