Relocation and Splitting of CONs After SB 433

Prior to July 1, 2008 (the effective date of Senate Bill 433), a nursing home could not relocate without filing an application with the Department of Community Health (DCH) and going through the CON process. If the relocated home was to be located within 3 miles of the existing home, then the CON application was not subject to full review under the service-specific nursing home CON criteria. Instead, the application was reviewed under the “general considerations” that apply to all healthcare providers. Such review involved a lesser degree of scrutiny by DCH on the basis of various generic criteria. While such applications were generally granted, the process was still somewhat cumbersome because it required CON review — albeit review under considerations that might be described as something akin to “CON-lite” — as opposed to utilizing the much simpler process of sending DCH a “Letter of Non-Reviewability.”

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