Certificate of Need (CON)
Amendment of Title 10
On August 6, 2025, the amendment to Title 10 of the New York State Codes, Rules and Regulations, Section 710.1 Approval of Medical Facility Construction (PDF), which establishes the parameters of the Certificate of Need process for health facility construction projects, has been posted in the State Register and is now in effect.
The Guidance document (PDF) is intended as an overview of the new regulation. While it covers most general circumstances, there may be unique factors in any Certificate of Need (CON) application that will require reference to the regulation itself for final determination on the required level of review.
Questions may be submitted to: CONS@health.ny.gov.
New York's Certificate of Need (CON) process regulates the establishment, construction, renovation, and acquisition of major medical equipment for healthcare facilities, including hospitals, nursing homes, home care agencies, and diagnostic and treatment centers.
The objectives of the CON process are to promote high-quality healthcare delivery and ensure that proposed services are aligned with community need. CON provides oversight from the Department of Health, which helps limit unnecessary investments in duplicate beds, services, and medical equipment. This ultimately helps to limit related healthcare costs.
