of new health facilities at a cost over $2 million in
counties in Nevada where the population is less than 100,000
requires a letter of approval from the Nevada's Director of
the Department of Health and Human Services. This process is
commonly referred to as the Certificate of Need (CON) review
Need is a process whereby proposed new construction projects
which require CON review must submit an application which
justifies the needs for the project according to criteria
specified in state CON law and regulations, NRS 439A.100 and
NAC439A.010 through NAC439A.675. New construction is defined
as a new health facility or construction which increases the
square footage in an existing facility or the redesign or
renovation of an existing building which is not currently
being used as a health facility. Staff in the Health
Planning and Primary Care Office
conduct the CON review process and makes a recommendation
to the Director of the Department of Health and Human
Services. The Director has the responsibility for granting
or denying a Letter of Approval for each proposed project
requiring CON review.
The CON process is consistent
with NRS 439A.081 functions to control increases in the cost
of health care, to provide adequate supply and distribution
of resources, and to provide equal access to health care of
good quality at a reasonable cost.
The CON review
program was enacted by the Nevada State Legislature during
the 1971 session and became effective in August 1972. The
Nevada CON law has been amended substantially over the
years. In 1991, Washoe County and Clark County were exempted
from the CON process. In 1995, the law was again changed to
cover only the construction of new health facilities
involving capital expenditures over $2 million.
and submit the
of intent/determination (word) form to initiate the
staff review process for a proposed project. Within 15 days
after receiving the completed Letter of Intent, staff will
determine if a CON application and review process are
required. A letter of response to the Letter of Intent will
be sent to the prospective applicant. If staff determines a
CON review is required a pre-application conference will be
scheduled to review the process and requirements.
original and three copies of a completed application
together with a cashiers check for $9500 made out to the
Department of Health and Human Services must be submitted by
the date specified in the response to the Letter of Intent.
for Certificate of Need
(word) must be completed according to the form provided
and must fully address every item. If an application is
deemed insufficient, it will be denied. If accepted as
complete, a public hearing will be scheduled within 45 days.
Notice of the public hearing will include the identity of
the applicant; place of the hearing; and the date by which
written information from interested persons must be
will be reviewed in accordance with the following four sets
of criteria detailed in sections NAC439A.605 through
need for the proposed project exists in the community;
proposed project is financially feasible;
of the proposed project on the cost of health care; and
appropriateness of the proposed project in the
Any requests for
clarification or additional information will be provided to
the applicant, following initial review of the application.
Testimony at the public hearing and written information
received prior to the hearing will also be taken into
consideration in preparation of Findings of Fact. The
Director of the Department of Health and Human Services has
responsibility for rendering a decision regarding approval
or disapproval of an application.
Within 30 days
after the public hearing, the Director will issue a letter
of approval or disapproval.
This process is
totally separate from the licensure and certification
required by the Health Division's Bureau of Health Care
Quality and Compliance.
Contact: Laura Hale, Manager
Health Planning and Primary Care Office