Massachusetts certificate of need
Massachusetts has a certificate of need program, run by Massachusetts Department of Public Health, Determination of Need Program. It covers 7 kinds of services, listed below.
- CON program
- Yes
- Services covered
- 7
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Massachusetts CON program
Massachusetts has a certificate of need program, run by Massachusetts Department of Public Health, Determination of Need Program. It covers 7 kinds of services, listed below.
- CON program
- Yes
- Program
- Determination of Need (DoN)
- Application fee
- Fee set by DPH, by statute capped at 0.2% of proposed capital expenditures (M.G.L. c. 111, §25C(h)). DPH may also require an independent cost analysis at the applicant's expense.
- Review timeline
- Application must be on file at least 30 days before DPH acts. DPH approves or disapproves within 4 months after filing, with a one-time delay of up to 2 months after requested information is provided; the clock stops while a required independent cost analysis is pending. For holders subject to a Health Policy Commission cost and market impact review, the DoN takes effect no sooner than 30 days after the HPC final report.
- Recent changes
- Current §25C requires DPH to weigh the state health resource plan, cost containment goals, and patient impacts including health equity and effects on the surrounding health care workforce, and copies long-term care applications to the Department of Aging and Independence. Home health and hospice are not listed in the statutory definition of health care facility.
- Statute
- M.G.L. c. 111, §§25B–25G; 105 CMR 100.000
Services that need a certificate of need
- hospitals and clinics
- long-term care facilities, nursing homes, rest homes and charitable homes for the aged
- clinical laboratories
- publicly supported institutions for persons with developmental disabilities or mental illness
- substantial capital expenditures and substantial changes in service
- innovative services and new technology outside a health care facility
- acquisition of existing health care facilities (notice; DoN required if services or beds change)
Frequently asked questions
Does Massachusetts have a certificate of need law?
Massachusetts has a certificate of need program, run by Massachusetts Department of Public Health, Determination of Need Program. It covers 7 kinds of services, listed below.
How long does a Massachusetts CON review take?
Application must be on file at least 30 days before DPH acts. DPH approves or disapproves within 4 months after filing, with a one-time delay of up to 2 months after requested information is provided; the clock stops while a required independent cost analysis is pending. For holders subject to a Health Policy Commission cost and market impact review, the DoN takes effect no sooner than 30 days after the HPC final report.
How much is a Massachusetts CON application?
Fee set by DPH, by statute capped at 0.2% of proposed capital expenditures (M.G.L. c. 111, §25C(h)). DPH may also require an independent cost analysis at the applicant's expense.