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.

COVID-19 Response

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

Application Process

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
Equipment No
Facilities/ Buildings Yes 10 1 No action
Services No
Emergency Medical Transport No