Post-Approval Requirements for CON Projects

An approved Certificate of Need (CON) is valid only for the defined scope, physical location, costs, service area, services or units of services, maximum capital expenditure and person named to whom the certificate is issued.

Pursuant to CON Rule 111-2-2-.04 and in addition to maintaining a valid and accurate mailing address on file with the Department, all CON approved projects must satisfy each of the following post-approval requirements:

Step I

1. Projects not involving construction are valid for twelve (12) months from the day the Certificate is issued.

 

OR

Step II

2. Construction projects, during the first twelve (12) months following issuance of a Certificate must provide documentation to the Division that:

 

a. the construction plans have been approved by the State Architect, (Department of Community Health, Office of Health Planning, Certificate of Need Unit).

b. a construction contract has been signed, specifically indicating the beginning and completion dates of construction; and

c. construction materials and equipment are on site (dates to be reported in progress report).

Step III

The attached progress report must be completed and submitted, along with a copy of the state architect’s letter and relevant pages from the construction contract, to the Georgia Department of Community Health, Office of Health Planning, Certificate of Need Unit, within 30 days from the date construction begins or from the date construction materials are on site, whichever occurs prior to the end of the 12 month implementation period.

Step IV

If the post-approval requirements in Steps II and III are satisfied within the initial twelve (12) month implementation period, the approved project will automatically have until the mandatory completion date as set forth in the application and documented on the official certificate of need document to complete the project.

If the project was approved with a phased timetable to complete construction, the applicant will submit interim progress reports within forty-five (45) days of the approved phases as provided for the on the official Certificate of Need document.

Step V

Within forty five (45) days prior to completion of the total project a final Progress Report must be completed and submitted to the Office of Health Planning, Certificate of Need Unit – 5th Floor, 2 Peachtree Street, Atlanta, Georgia 30303.

EXTENSION

Upon written request from the legal applicant, the Georgia Department of Community Health, Office of Health Planning, Certificate of Need Unit, may grant an extension of the effective period of a Certificate of Need or of the initial 12-month implementation period. A meritorious request shall demonstrate, among other things, that the “failure to perform as required is caused by circumstances beyond the control of the Certificate of Need holder and that the Certificate of Need holder has made substantial and timely progress in implementing the project” by meeting the post-approval requirements as outlined in Step II. The request for extension must be in writing and received by the Office of Health Planning, Certificate of Need Unit 30 days prior to the expiration of the effective period or the initial twelve (12) month implementation period following approval of the CON, as applicable. The delineated requirements for an extension are within CON Rule 111-2-2-.02(7).

CANCELLATION OF CERTIFICATE

If the time requirements in Step II are not met, the Certificate of Need will be deemed to have EXPIRED. 

COST OVERRUNS

Cost overruns in excess of $300,000 and which are ten percent (10%) of the total capital cost, or the capital threshold, whichever is less, shall be subject to review.

As soon as a cost overrun is anticipated, (but before it is obligated) the applicant must advise the Georgia Department of Community Health, Office of Health Planning, Certificate of Need Unit of the overrun amount in writing. The overrun cannot be obligated until the Department has determined whether it is subject to CON review. The Department will notify the applicant in writing of its final determination.

PROGRESS REPORTS

For your convenience, progress report forms are available at the link below and may be downloaded for submission to the department via email (dberry@dch.ga.gov) or facsimile (1-877-736-5839).

Progress Report Forms