Public Comment on CON Applications Subject to Administrative and Full Reviews

How to comment on a CON application

The Department reviews comments on CON applications from interested stakeholders concerning the certificate of need review criteria: public need, character and competence of the operator, and financial feasibility. Comments concerning issues that are unrelated to these review criteria, such as zoning or historic preservation, are not considered.

There are two ways to comment on a CON application:

  1. In writing

    You may submit written comments to either address below:

    • cons@health.state.ny.us
    • Bureau of Project Management
      Division of Health Facility Planning
      New York State Department of Health
      433 River Street, Suite 303
      Troy, New York 12180-2299

    Please identify the application in question by name and application number and provide a concise statement, limiting your comments to the relevant CON review criteria. Commencing with applications distributed for review on or after August 1, 2009, comments received more than 45 days after the date the application in question is distributed may not be considered, unless there are extenuating circumstances that would justify an extension of the deadline.

  2. In person

    If an application is subject to full review, you may testify before the relevant Committee of the State Hospital Review and Planning Council (SHRPC) or of the Public Health Council (PHC), when the application in question is on the Committee's agenda

    • For construction only applications: Testimony is heard by the SHRPC Project Review Committee.
    • For establishment or change of ownership applications: Testimony is heard by both the SHRPC Project Review Committee and the PHC Establishment Committee.
    • For applications that involve both construction and establishment/change of ownership: Testimony is heard by both the SHRPC Project Review Committee and the PHC Establishment Committee.

    To determine if an application is on an upcoming agenda:

    If you intend to present testimony at a Committee meeting, please contact:

    • SHRPC and Establishment Committee Support Units at (518) 402-0964