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ARTICLE

Date ArticleType
7/29/2019 Regulatory
Indiana Certificate of Need Resources

On July 1, 2019 the new Certificate of Need (CON) program for Indiana comprehensive care facilities (nursing facilities) went into effect.  The CON program is the result of Senate Enrolled Act 190 from the 2018 session of the Indiana General Assembly, which delayed the effective date of the CON program until implementing regulations were adopted by the Indiana State Department of Health (ISDH).  Those implementing regulations became effective July 1, 2019.

At this time the ISDH has not developed a CON resource page on their website.  The CON law requires the ISHD and applicants for a CON to adhere to specific timelines (see below).  ISDH has been a bit behind in releasing the bed need formula and CON application but has now published both the bed need formula required by the CON statute and released an application for CON applicants. 

  • CON Review Process and Timeline

The review process will occur every year and begin on July 1 and last until the following June 30.  The first review period will begin July 1, 2019.  The law sets out the review period as follows:

July 1

Before July 1 the ISDH shall publish the results of the county by county need formula

July 31

Applications for a CON shall be accepted through July 31

 

August 15

Submitted CON applications published by August 15

 

October 15

Public comment accepted on submitted CON applications through October 15

April 30

Any decision on a submitted CON shall be issued not later than April 30

 

Though the CON application has only just become public, ISDH is not expected to make any exceptions for late applicants. CON applications must be received by July 31 and be accompanied by all information required in the application, including the non-refundable $5,000 application fee.

  • CON Resources

Below are reference documents that you may refer to and will need in order to evaluate and complete a CON application.

Bed Need Analysis, July 1, 2019

Certificate of Need Application

Certificate of Need Emergency Rule (effective July 1, 2019)

Certificate of Need Statute (IC 16-29-7)

Certificate of Need Summary

This is a new process and ISDH is just beginning their implementation.  If you have questions or need assistance, please contact Zach Cattell at zcattell@ihca.org.