An Overview of NYSDOH’s Revised Certificate of Need Regulations
Effective August 6, 2025, the New York State Department of Health (NYSDOH) adopted revisions to the Certificate of Need (“CON”) regulations for healthcare facility construction under Title 10, Part 710 of the New York State Codes, Rules and Regulations (“NYCRR”). The revisions are aimed at loosening the regulatory requirements governing the establishment and renovation of health care facilities through New York’s certificate-of-need process. The amendments increase the threshold project costs required to trigger each level of regulatory review and approval as follows:
Full Review (proposals that must be recommended by the Public Health and Health Planning Council and approved by the Commissioner of Health):
- General hospitals: proposals with projected costs that exceed $60 million, or 10% of operating costs (with a limit of up to $150 million).
- Other Facilities: proposals with projected costs that exceed over $20 million or 10% of operating costs (up to $30 million).
Administrative Review (proposals that require Commissioner approval only):
- General hospitals: proposals with projected costs between $30 million and $60 million.
- Other Facilities: proposals with projected costs between $8 million and $20 million.
- Projects funded by state grants.
Limited Review (proposals that require limited department review):
- General hospitals: proposals with projected costs of $30 million or less.
- Other Facilities: proposals with projected costs of $8 million or less.
- Mobile van extension clinics.
Notice-Only (proposals that require only written notice to NYSDOH):
- Non-clinical projects over $12 million.
- Facilities that add or renovate exam rooms in existing or adjacent certified space.
- Proposals otherwise eligible for Limited Review and are architecturally self-certified by the applicant, as long as it does not involve a change in the beds or services which would require an update to the applicant’s operating certificate.
Hospitals and other Article 28 facilities should review these new requirements prior to commencing any construction or renovation projects. For more information and regulatory guidance, please contact Robert Braumuller or Zaina S. Khoury at RBraumuller@bpslaw.com or ZKhoury@bpslaw.com.