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You are Here: Home Page > More About CONs > Dear Nursing Home Operator: Reinstatement of Certificate of Need Application Process  

Dear Nursing Home Operator: Reinstatement of Certificate of Need Application Process

January 5, 2009

Dear Nursing Home Operator:

This letter is to inform you that the Department will reinstate the Certificate of Need (CON) application process for Adult Day Health Care (ADHC) applications beginning January 9, 2009. The due date for the first round of applications is March 31, 2009. Additional opportunities for applications will depend on the number and quality of applications received in the first round.

Any application submitted during the suspension of processing must be updated and resubmitted by March 31, 2009 or the Department will consider it abandoned. A new application fee will not be required for those previously submitted applications that are updated and resubmitted.

Review of the CON applications will include a review of need as defined in 10 NYCRR 709.13, as well as statutory tests of character and competence, and financial feasibility. The 2015 ADHC Need Estimates can be found at the New York State Department web-site at: http://www.nyhealth.gov/health_care/medicaid/program/longterm/addc.htm. In addition, the building must comply with Title 10, Chapter V, Article 2 (Parts 710-717) of the Official Compilation of the Rules and Regulations of the State of New York.

The Guidelines for Review of the Certificate of Need (CON) Program Narrative are available on the DOH web-site and contain the CON Schedules that will be required as part of the application. Please note that at this time, only a licensed Nursing Home operator may apply for an ADHC Program. Please review the following web link for additional information: More about the CON Process.

Applicants are strongly encouraged to review the instructional materials on the Department's web-site as well as the statutes, rules and regulations that govern ADHC Programs before applications are developed. The regulations are also available on the Department's web-site by clicking on "Laws and Regulations," in the site "Site Contents" menu on the right side of the home page, and then clicking on "Title 10 of the Official Compilation of New York Codes, Rules and Regulations (NYCRR)."

Adult Day Health Care Programs must be in compliance with the following relevant sections:

• 10 NYCRR 425 – Adult Day Health Care
• 10 NYCRR 710.1 – General Provisions
• 10 NYCRR 711-5 – General structural, equipment and safety of existing nursing homes
• 10 NYCRR 713-2.13 – Adult Day Health Care programs

Please contact Guy Warner, Director of the Bureau of Licensure and Certification, at (518) 408-1624 if you have any questions.

Sincerely,

Mark Kissinger
Deputy Commissioner
Office of Long Term Care