Certificate of Need

New York State Public Health Law § 2802-b Health Equity Impact Assessments (HEIA) goes into effect June 22, 2023. Certificate of Need applications submitted beginning June 22, 2023, for the following Article 28 facilities must include the Health Equity Impact Assessment documents in addition to previously required CON schedules:

  • General Hospitals
  • Nursing Homes
  • Diagnostic and Treatment Centers that are not subject to the legislative carveout (requirement does not apply to Diagnostic and Treatment Centers whose patient population is more than 50% combined patients enrolled in Medicaid or uninsured, unless the application includes a change in controlling person, principal stockholder, or principal member of the applicant)
  • Midwifery Birth Centers
  • Ambulatory Surgery Centers

Program documents:

Applications meeting regulatory criteria as indicated on the Health Equity Impact Assessment Requirement Criteria form must include the following HEIA documents with the CON application or the application will be considered incomplete:

  • HEIA Requirement Criteria
  • HEIA Conflict-of-Interest
  • HEIA Template
  • HEIA Data Tables
  • HEIA Contract with Independent Entity
  • Redacted CON Application

To view the proposed regulations, click New York State Register (PDF).

For more information on the Health Equity Impact Assessment, go to Health Equity Impact Assessment.

Questions: heia@health.ny.gov

New York's Certificate of Need (CON) process governs establishment, construction, renovation and major medical equipment acquisitions of health care facilities, such as hospitals, nursing homes, home care agencies, and diagnostic and treatment centers.

The objectives of the CON process are to promote delivery of high quality health care and ensure that services are aligned with community need. CON provides the Department of Health oversight in limiting investment in duplicate beds, services and medical equipment which, in turn, limits associated health care costs.