Certificate of Need in Illinois

June 16, 2010

June 16, 2010
Complimentary Teleconference

Archived media:

  • Audio replay (MP3)

The Illinois Health Facilities and Services Review Board (board), formerly known as the Health Facilities Planning Board, is authorized to establish a procedure that requires a person or entity establishing, constructing or modifying a healthcare facility to obtain a certificate of need (CON) permit before initiating the proposed project.

On March 1, 2010, the board’s membership changed once again, growing from five to nine members. The new members will likely add more uncertainty to a process already considered unpredictable and incomprehensible to a casual observer. CON applicants must consider the background and particular interests of each board member. Understanding the issues that motivate a specific board member will not guarantee the approval of a CON permit application, but knowing this information will enhance an applicant’s ability to gain project approval.

The increased membership is just one component of a CON reform law adopted by the Illinois legislature last year (S.B. 1905, Public Act 93-41). Several other important provisions were adopted and now impact the CON process. Furthermore, the board has pending rules that will likely affect some or all of the provider groups subject to CON.


  • An update on the Illinois Department of Public Health’s efforts to create the new Center for Comprehensive Health Planning, which will establish a statewide comprehensive health plan and provide technical assistance to the CON process. The board is required to apply the findings of the Comprehensive Health Plan in its review of CON applications.
  • A discussion of the expanded definition of “healthcare facilities” subject to the CON process.
  • The effect of revised capital expenditure minimums. The new threshold is $11,500,000 for hospitals, $6,500,000 for skilled and intermediate long-term care facilities, and $3,000,000 for all other applicants (such as surgery centers and dialysis facilities).
  • The need to include a Safety Net Impact Statement in certain CON permit applications and how to determine what should be included in the statement. Except for skilled and intermediate long-term care facilities, all CON applicants must provide a Safety Net Impact Statement in substantive applications, or when the applicant is requesting the discontinuation of a category of service.
  • The status of the Health Services Review Board Long-Term Care Facility Advisory Subcommittee, established to develop and recommend rules to the board. The new rules to be recommended by this subcommittee are to be filed by Sept. 1, 2010.
  • Pending rules.
  • New CON application changes.