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Certificate of Need

Posted Jan 28, 20221 min Read

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On July 1, 2019, Indiana’s Certificate of Need (CON) program for comprehensive care facilities (nursing facilities) went into effect.  The law does not apply to residential care facilities (assisted living). 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.

The CON law requires the ISDH and applicants for a CON to adhere to specific timelines.  The review process will occur every year and begin on July 1 and last until the following June 30.

  • July 1 – Before July 1 the ISDH shall publish the results of the county by county need formula (Bed Need Analysis)
  • 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

The Indiana State Department of Health has also created a Certificate of Need website with the Bed Need Analysis, CON Application, and applicable statutes and regulations, and the July 2021 Bed Need Analysis can be found here.

Access IHCA CON Statute Summary