Certificate of Need

Overview

The construction of new health facilities valued at over $2 million in all rural communities in Nevada (See NRS 439A.100) requires a letter of approval from the Director of the Nevada Health Authority (NVHA). This process is commonly known as the Certificate of Need (CON) program (NRS 439A.100). The program was previously overseen by the Primary Care Office. The transition of the CON program to the NVHA is authorized by Senate Bill 494, passed during the 2025 Legislative Session.  		 HospitalConstruction

Application Resources

 

Purpose

Some proposed construction projects must submit a Certificate of Need application to document the needs for the project according to criteria specified in state law and regulations, NRS 439A.100 and NAC 439A.010 through NAC 439A.675. New construction is defined as a new health facility or construction that increases the square footage in an existing facility. This can also include the redesign or renovation of an existing building that is not currently being used as a health facility. Staff at the Nevada Health Authority conduct the CON review and make a recommendation to the Director of the Nevada Health Authority. The Director may grant or deny a Letter of Approval for each proposed project. The CON process is consistent with NRS 439A.081 to control increases in the cost of health care, to provide adequate supply and distribution of resources, and to provide equal access to good quality health care at a reasonable cost.

Step 1 - Letter of Intent & Determination

Complete and submit the Letter of Intent (LOI) form to Info@nvha.nv.gov. This will initiate the staff review process for a proposed project. Within 15 days after receiving the completed LOI, staff will determine if a CON application and review process are required.

A determination 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.

Step 2 - Application & Fee

Following a pre-approval conference, the applicant will complete and submit three copies of the Certificate of Need application with a check for $9500 made out to the Nevada Health Authority by the date specified in the response to the Letter of Intent.

The Application for Certificate of Need 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, the place of the hearing, and the date by which written information from interested persons must be submitted.

Step 3 - Hearing & Review

The application will be reviewed according to NAC 439A.605 - 439A.637:

• Whether a need for the proposed project exists in the community;
• Whether the proposed project is financially feasible;
• The effect of the proposed project on the cost of health care; and
• The appropriateness of the proposed project in the community.

The applicant must respond to requests for clarification or additional information. Testimony at the public hearing and written information received prior to the hearing will also be taken into consideration in preparation of the Findings of Fact. The Director of the Nevada Health Authority's Department will approve or deny the application.

Step 4 - Letter of Approval or Denial

Within 30 to 45 days after the public hearing, the Director will issue a letter of approval or disapproval.

Applicants for a Certificate of Need must also work with staff in the Bureau of Health Care Quality and Compliance for licensure and certification, which is an entirely separate process. For more information regarding this process, visit the website.

Application Resources

Public Records

The Nevada Health Authority is committed to providing access to public records in accordance with Nevada Revised Statutes Chapter 239. All public records, the contents not otherwise declared by law to be confidential, shall be open for inspection or to obtain copies. To request public records, write to
PIO@NVHA.nv.gov		 Public Records

 

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