Delaware certificate of need
Delaware has a certificate of need program, run by Delaware Health Resources Board, staffed by the Bureau of Health Planning and Resources Management (Department of Health and Social Services). It covers 9 kinds of services, listed below.
- CON program
- Yes
- Services covered
- 9
On this page
Delaware CON program
Delaware has a certificate of need program, run by Delaware Health Resources Board, staffed by the Bureau of Health Planning and Resources Management (Department of Health and Social Services). It covers 9 kinds of services, listed below.
- CON program
- Yes
- Program
- Certificate of Public Review (CPR)
- Application fee
- Filing fee by project cost: under $500,000 = $100; $500,000–$999,999 = $750; $1,000,000–$4,999,999 = $3,000; $5,000,000–$9,999,999 = $7,500; $10,000,000 and over = $10,000. Due 30 days after review begins.
- Review timeline
- Notice of intent 30–180 days before applying. Bureau has 15 business days to rule on completeness. Review takes no more than 90 days from notification that review has begun (120 days if a public hearing is requested).
- Moratoria
- Until July 1, 2028, only charities / not-for-profit entities may apply for a Certificate of Public Review to build, establish or acquire an acute care hospital; the Board may not accept other applicants (16 Del. C. §9304(b), added by 85 Del. Laws c. 350).
- Recent changes
- 85 Del. Laws c. 350 added a temporary limit (through July 1, 2028) restricting acute care hospital applications to not-for-profit entities.
- Statute
- 16 Del. C. ch. 93 (§§9301–9311)
Services that need a certificate of need
- hospitals
- nursing homes
- freestanding surgical centers
- freestanding birthing centers
- freestanding acute inpatient rehabilitation hospitals
- freestanding emergency centers
- capital expenditures above $5.8 million (inflation-adjusted)
- bed capacity changes of more than 10 beds or 10% (whichever is less) over 2 years
- acquisition of a nonprofit health-care facility
Frequently asked questions
Does Delaware have a certificate of need law?
Delaware has a certificate of need program, run by Delaware Health Resources Board, staffed by the Bureau of Health Planning and Resources Management (Department of Health and Social Services). It covers 9 kinds of services, listed below.
How long does a Delaware CON review take?
Notice of intent 30–180 days before applying. Bureau has 15 business days to rule on completeness. Review takes no more than 90 days from notification that review has begun (120 days if a public hearing is requested).
How much is a Delaware CON application?
Filing fee by project cost: under $500,000 = $100; $500,000–$999,999 = $750; $1,000,000–$4,999,999 = $3,000; $5,000,000–$9,999,999 = $7,500; $10,000,000 and over = $10,000. Due 30 days after review begins.