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How to start a skilled nursing facility in Delaware

Delaware requires a Skilled and intermediate care nursing facility license from Delaware Department of Health and Social Services, Division of Health Care Quality to operate a skilled nursing facility.

Verified Oct 6, 2026Sources: state agencies, CMS and OIG

License required
YesSkilled and intermediate care nursing facility license
Application fee
—
Processing time
—
Medicaid rate
—
Organizations in the state
103NPPES, Sep 13, 2026
On this page
Licensing

Delaware skilled nursing facility license

Delaware requires a Skilled and intermediate care nursing facility license from Delaware Department of Health and Social Services, Division of Health Care Quality to operate a skilled nursing facility.

License required
Yes
License
Skilled and intermediate care nursing facility license
Renewal
Every year · Renew on the anniversary of initial licensure; file at least 30 days before expiration and pay the applicable fee.
Survey and inspection
Initial licensure requires an on-site physical inspection showing compliance with all applicable regulations.
Certificate of need
Required
Medicare certification
Separate from the state license. The state survey agency runs an unannounced standard health survey, a Life Safety Code survey and an emergency-preparedness survey against 42 CFR Part 483 Subpart B. For a Medicare SNF the state certifies and the CMS Location decides Medicare participation; for a Medicaid-only NF the state's certification is final and the state Medicaid agency decides participation.
Regulation
16 Del. Admin. Code 3201; 16 Del. C. §1104 and §1119C; 16 Del. C. ch. 93 (Certificate of Public Review)
How to apply

Steps to get licensed in Delaware

In order, as the licensing agency describes the process.

  1. Obtain a Certificate of Public Review from the Delaware Health Resources Board if adding more than 10 beds or 10% of licensed capacity (whichever is less) over two years, or for other covered projects
  2. Apply to the Division of Health Care Quality and substantiate a satisfactory compliance history
  3. Pass the initial physical inspection of the premises
  4. For Medicare/Medicaid, complete the federal certification survey and enroll with Delaware Medicaid
Medicaid

Enrolling as a Delaware Medicaid provider

Program
Delaware Medical Assistance Program (DMAP) / Diamond State Health Plan
Fiscal agent
Gainwell Technologies (DMAP provider portal and Provider Relations/enrollment help desk)
Application fee
DMAP states that from January 1, 2026, institutional providers pay $750 at initial application, reactivation, revalidation, re-enrollment and when adding a location. Its screening-level lists mark which taxonomies owe the fee; hardship exceptions go to CMS. Federal rule (42 CFR 455.460): the state must collect the CMS application fee from institutional providers that are newly enrolling or re-enrolling; individual physicians and non-physician practitioners are exempt, as are providers already enrolled in (or that already paid the fee to) Medicare or another state's Medicaid/CHIP. CMS set the fee at $750 for calendar year 2026.
Fingerprinting
DMAP publishes taxonomy screening-level lists (limited/moderate/high) for fee-for-service and managed-care-only providers; the high-risk taxonomies on those lists are subject to fingerprinting. Federal rule (42 CFR 455.434, 455.450(c)): providers the state places in the 'high' categorical risk level, and anyone owning 5% or more of such a provider, must submit fingerprints for a criminal background check.
Site visit
Risk levels for site-visit purposes follow DMAP's published taxonomy screening-level lists. Federal rule (42 CFR 455.432, 455.450(b)-(c)): the state must do site visits before and after enrollment for providers in the 'moderate' or 'high' risk levels, and any enrolled provider must allow unannounced on-site inspections.
Revalidation
DMAP mails revalidation instructions 60 days before the due date and terminates providers who miss it; it warns that CMS is requiring many providers to revalidate within the next 24 months. Federal rule (42 CFR 455.414): every enrolled provider must be revalidated at least once every 5 years.

Full Delaware Medicaid enrollment guide →

Certificate of need

Does Delaware require a certificate of need?

For this business
Required (licensing source)
CON program
Yes
Program
Certificate of Public Review (CPR)
Services covered
  • 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
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).

Delaware certificate of need details →

Labor

Delaware wage floor

State minimum wage
$15.00 an hour
Effective
2025-01-01
Scheduled increases
No scheduled change found in the official sources reviewed.
HCBS 80/20 rule
Federal baseline: 42 CFR 441.302(k) requires the state to show that each provider spends at least 80% of Medicaid payments for homemaker, home health aide and personal care services under 1915(c) waivers on direct care worker pay and benefits. Compliance starts 2030-07-09 (for managed care, the first rating period starting on or after that date); annual payment-adequacy reporting under 441.311(e) starts 2028-07-09. A state may set a lower share for state-defined small providers and exempt providers facing hardship, each only through a public notice-and-comment process. The eCFR text has not changed since 2024-07-09. No state-published 80/20 implementation step (small-provider criteria, hardship exemption or reporting guidance) was found for this state in the official sources reviewed.
Market

Delaware market size

Counts from federal public files: NPPES (active organization NPIs), CMS Care Compare and CMS Medicaid enrollment.

Skilled nursing facilities — active organization NPIs (NPPES)
103 (as of Sep 13, 2026)
Medicare/Medicaid-certified nursing homes (CMS Care Compare)
44 (as of Aug 1, 2026)
Total Medicaid and CHIP enrollment (latest reported month)
234,783 (as of Jun 1, 2026)
Rates

What Delaware Medicaid pays

Skilled nursing facilities: published Delaware fee-for-service rates, each linked to its source.

Delaware Medicaid rates for this service: being compiledWe publish a state's details only once they are confirmed against the official source, with links to it. This state's record is still being researched.
FAQ

Frequently asked questions

Do you need a license to start a skilled nursing facility in Delaware?

Delaware requires a Skilled and intermediate care nursing facility license from Delaware Department of Health and Social Services, Division of Health Care Quality to operate a skilled nursing facility.

Does Delaware require a certificate of need for a skilled nursing facility?

Yes, according to the licensing source. Delaware's CON program covers: 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.

How do you become a Medicaid provider in Delaware?

Enroll through DMAP Provider Portal — Provider Enrollment (https://medicaid.dhss.delaware.gov/provider/Home/ProviderEnrollment/tabid/477/Default.aspx), run by Gainwell Technologies (DMAP provider portal and Provider Relations/enrollment help desk).