Bed Need & Bed Excess Certificates of Need in Ohio

• ODH plans to publish bed excess and bed need numbers on or around April 1, 2016.
• Those interested in developing a nursing facility or selling beds in bed excess counties should be planning now in anticipation of the published numbers.
• We are already working with clients who are positioning themselves to seek comparative review.

Once every four years, the Ohio Department of Health (“ODH”) projects bed need and bed excess by county and allows for the relocation of beds from a county identified to have a “bed excess” to a county identified to have a “bed need,” provided certain criteria are met. ODH will publish its official numbers identifying which counties are eligible on or around April 1, 2016. A Certificate of Need (“CON”) application for the relocation of beds under this provision must be filed in July 2016.

If you are interested in developing a new nursing facility under the above process, you will need to act quickly once ODH publishes its official numbers. Likewise, if you have beds in a county identified to have a bed excess that you are interested in selling, there may be an opportunity to do so under this process.

ROLF does more CON work in the State of Ohio than any other law firm or consultant, and is available to assist you in buying or selling nursing facility beds and/or in preparing CON applications. We are already working with clients who are positioning themselves to seek comparative review.

If you have questions regarding this bed need/bed excess process or certificates of need, please contact Ira S. Goffman or Michele Conroy.

Please note that this alert is intended to be informational only, and is not intended to be nor should it be relied upon as legal advice. Rolf Goffman Martin Lang LLP will not be responsible for any actions taken or arrangements structured based upon this alert. The receipt of this alert by an organization that is not a current client of Rolf Goffman Martin Lang LLP does not create an attorney-client relationship between the recipient and the law firm.

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