Delaware maintains a CON program, which it calls a certificate of public review (CPR) program, within five broad categories—hospital beds, beds outside hospitals, equipment, facilities and services. CPRs function the same as CONs. One of Delaware’s 24 CPR requirements is a catch-all CPR. That is, if no specific CPR applies, healthcare facilities must obtain a CPR if they intend to make an expenditure above $5.8 million for any reason. 16 Del. C. § 9304(a)(2). Instead of promulgating regulations, Delaware maintains its CPR program through guiding principles and mathematical need calculations as found in its Health Resources Management Plan. See Del. Health Resources Bd., Certificate of Public Review Health Resources Mgmt. Plan (Sept. 11, 2017).

COVID-19 Response

As of May 15, 2020, Delaware had not suspended any CPR requirements in response to COVID-19.

Application Process

In Delaware, the CPR application process takes a minimum of four months, but it often takes much longer. 16 Del. C. § 9305. Applications can be submitted at any time and review is based on mathematical need calculations as described in the Health Resources Management Plan. See CPR Health Resources Mgmt. Plan at 15. The fee for a CPR application ranges from $100 to $10,000. 16 Del. C. § 9305 (1), (10). Competitors can intervene in the application process by requesting a public hearing where they can offer evidence or argument as to why an application should be denied. 16 Del. C. § 9305 (6)-(8).

CON? Number of CPRs Moratoria Temporary COVID-19 response:
Hospital Beds Yes 2 No action
Beds Outside Hospitals Yes 6 No action
Equipment Yes 4 No action
Facilities/ Buildings Yes 8 No action
Services Yes 4 No action
Emergency Medical Transport No