Changes to CON statutes in Public Act 09-232 effective July 1, 2009



  1. Transfer of ownership or control

This is now defined to mean a transfer that impacts or changes the governance or controlling body of a health care facility. 


  1. Cineangiography Equipment

CON authorization is no longer required for the acquisition of such equipment as long as it does not exceed $3 million.  No Determination is required.


  1. DCF Programs

Programs that are “licensed or funded” by DCF are now exempt from CON, provided such programs are not psychiatric residential treatment facilities. However, DCF licensed or funded programs must comply with the registration requirements set forth in 19a-639a(b) in order to be exempted.


  1. Psychiatric Residential Treatment Facilities

These facilities, as defined in 42 CFR 483.352, are not eligible for an exemption from CON, regardless of whether or not they are under contract with state agency.


  1. Outpatient Services

An outpatient service currently provided by a hospital (typically located at the hospital) that the hospital wishes to relocate off site, may be eligible for an exemption from the CON process, providing it is relocating the service within the hospital’s primary service area.  A Determination is required from OHCA.


  1. Replacement of Imaging Equipment

If a health care facility or provider seeks to replace an existing piece of imaging equipment (specifically MRI, CT and PET/CT), the replacement equipment may be waived from the CON process if the provider received a Determination that a CON was not required for the acquisition of the original piece of equipment – meaning that the equipment was purchased for less than $400,000 prior to 7/1/05 and was in operation prior to 7/1/06.  A new Waiver Form is available on our web site.