Under statutory authority, the Department of Public Health has jurisdiction to determine need for health care projects proposing the following:

  1. Substantial Capital Expenditure - Construction and or renovation of a health care facility which exceeds the expenditure minimum (10/1/2013) pdf format of Expenditure Minimums
docx format of                             Expenditure Minimums                . For acute care hospitals only, the acquisition of major movable equipment not otherwise defined as new technology or innovative service is excluded from the calculation of the expenditure minimum for purposes of calculating a substantial capital expenditure. Expenditures concerned solely with outpatient services (other than ambulatory surgery) are excluded from the calculation of the expenditure minimum. The expenditure minimum is adjusted annually using the inflation index compiled by Marshall & Swift for health care construction costs.
  2. Substantial Change in Services - Addition or expansion of, or development of innovative services and new technology, non-acute care services, or ambulatory surgery (freestanding and in acute care hospitals). Innovative services and new technology include: Air Ambulance, Extracorporeal Membrane Oxygenation (ECMO), Extracorporeal Shock Wave Lithotripter (for gallstones), Invasive Cardiac Services (Open Heart Surgery and Left Ventricular Assist Devices), Magnetic Resonance Imager (MRI), Megavoltage Radiation Therapy, Neonatal Intensive Care Units (NICU), Organ Transplantation, Positron Emission Tomography (PET). Non-acute care services include inpatient psychiatric services (in DPH licensed facilities), inpatient rehabilitation and chronic disease services, substance abuse treatment (in acute care hospitals), long-term care (Level II and III beds), and residential care (Level IV beds).
  3. Original Licensure - Establish or maintain a hospital, clinic (for innovative services and new technology only), freestanding ambulatory surgery center, nursing home, or rest home.
  4. Solicitation of Funds - Funds solicited from the general public or any agreement to secure financing for substantial capital expenditure or substantial change in services. If the Department requires an application for determination of need, solicitation of funds must be delayed until such application has been acted upon by the Department.

This information is provided by the Determination of Need (DoN) program within the Department of Public Health.