Ohio requires CONs within three broad categories—hospital beds, beds outside hospitals and facilities. Ohio’s CON program applies only to long-term care facilities, which it defines as nursing homes, skilled nursing facilities or portions of hospitals that contain skilled nursing beds or long-term care beds. Ohio Rev. Code § 3702.51(N). Additionally, the state maintains two moratoria applicable only to long-term care facilities. One prohibits new long-term care facilities from opening under specific circumstances, and the other prohibits an existing long-term care facility from increasing its beds under specific circumstances. Ohio Rev. Code § 3702.59.
As of May 15, 2020, Ohio had not suspended any CON requirements in response to COVID-19.
In Ohio, the CON application process takes between 60 and 90 days. Ohio Rev. Code §§ 3702.52(C)(4)–(6). Most applications can be submitted at any time, but applications for the relocation of long-term care beds to a county with fewer long-term care beds than needed may only be submitted every four years in the month of July. Ohio Rev. Code § 3702.593(A), (D); Ohio Admin. Code § 3701-12-09. For projects not involving a capital expenditure, the fee for a CON application is $5,000. For projects involving a capital expenditure, the fee is $5,000 or 1.5% of the proposed capital expenditure, whichever is greater. Ohio Admin. Code 3701-12-08(E). Competitors can intervene in the application process and can offer evidence or argument as to why an application should be denied. Ohio Admin. Code 3702-12-08, 3702-12-11.
|CON?||Number of CONs||Moratoria||Temporary COVID-19 response:|
|Hospital Beds||Yes||3||-||No action|
|Beds Outside Hospitals||Yes||3||1||No action|
|Facilities/ Buildings||Yes||10||1||No action|
|Emergency Medical Transport||No||-||-||-|