New York certificate of need
New York has a certificate of need program, run by New York State Department of Health, Division of Planning & Licensure; Public Health and Health Planning Council (PHHPC) acts on establishment and full-review applications. It covers 10 kinds of services, listed below.
- CON program
- Yes
- Services covered
- 10
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New York CON program
New York has a certificate of need program, run by New York State Department of Health, Division of Planning & Licensure; Public Health and Health Planning Council (PHHPC) acts on establishment and full-review applications. It covers 10 kinds of services, listed below.
- CON program
- Yes
- Program
- Certificate of Need (CON)
- Application fee
- Establishment (incl. ownership transfers): $3,000 hospitals and nursing homes; $2,000 D&TCs, birth centers, CHHAs, LHCSAs, hospice; $1,000 safety-net D&TCs. Construction, full review: $2,000 plus 0.55% of cost (safety-net D&TCs $1,250 plus 0.45%; CHHA/LTHHCP/hospice $2,000 plus 0.30%). Construction, administrative review: $2,000 plus 0.30% (safety-net $1,250 plus 0.25%). Limited review: $1,000 minor construction or equipment, $500 service delivery (safety-net half). Construction fees are charged only on approved projects.
- Recent changes
- An amended 10 NYCRR §710.1 (approval of medical facility construction), which resets the review levels for construction projects, took effect when published in the State Register on August 6, 2025. Applicants must also complete a Health Equity Impact Assessment (HEIA) for covered applications. Chapter 58 of the Laws of 2009 raised CON fees and extended them to home care and hospice.
- Statute
- N.Y. Public Health Law Article 28 (§2802), Article 36 and Article 40; 10 NYCRR Part 710
Services that need a certificate of need
- hospitals
- nursing homes
- diagnostic and treatment centers (including ambulatory surgery and dialysis)
- midwifery birth centers
- certified home health agencies
- licensed home care services agencies
- long term home health care programs
- hospice
- establishment / transfers of ownership or control
- construction, renovation and major medical equipment
Frequently asked questions
Does New York have a certificate of need law?
New York has a certificate of need program, run by New York State Department of Health, Division of Planning & Licensure; Public Health and Health Planning Council (PHHPC) acts on establishment and full-review applications. It covers 10 kinds of services, listed below.
How much is a New York CON application?
Establishment (incl. ownership transfers): $3,000 hospitals and nursing homes; $2,000 D&TCs, birth centers, CHHAs, LHCSAs, hospice; $1,000 safety-net D&TCs. Construction, full review: $2,000 plus 0.55% of cost (safety-net D&TCs $1,250 plus 0.45%; CHHA/LTHHCP/hospice $2,000 plus 0.30%). Construction, administrative review: $2,000 plus 0.30% (safety-net $1,250 plus 0.25%). Limited review: $1,000 minor construction or equipment, $500 service delivery (safety-net half). Construction fees are charged only on approved projects.