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Ohio nursing facilities should be aware of the following Certificate of Need (CON) implications arising out of the recent budget bill (HB 110):
Reviewability Threshold Increased. The CON reviewability threshold for renovation projects was increased from $2 million to $4 million dollars. This means that renovations costing less than $4 million dollars will not require CON approval.
CON Restrictions Lifted. The budget bill did not extend the temporary CON law that was in effect between October 17, 2019 and July 1, 2021, and had contained several restrictions on CON activity. Thus, Ohio nursing facilities may now file CONs for the relocation of existing nursing home beds within the same county, and replacement of existing nursing homes in the same county.
Contiguous County Relocations Continue. Contiguous county CON bed relocations may also still be filed (maximum of 30 beds to an existing nursing faciilty once every 5 years).
To engage ROLF to assist with any CON issues, please contact the firm at (866) 495-5608 or call or email Ira Goffman or Paul Lang.
Please note that this post is intended to be informational only, and is not intended to be nor should it be relied upon as guaranteeing any results. Rolf Goffman Martin Lang LLP will not be responsible for any actions taken or arrangements structured based upon this post. The receipt or review of this post 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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