The following 22 facilities and services do not require a CON:
  1. health care facilities owned and operated by the federal government;
  2. offices established by a licensed private practitioner, whether for individual or group practice, except when a CON is required with respect to the acquisition of imaging equipment or a nonhospital based linear accelerator (see above “Activities Requiring a CON”);
  3. a health care facility operated by a religious group that relies exclusively on spiritual means through prayer for healing;
  4. residential care, nursing, and rest homes;
  5. assisted living services agencies;
  6. home health agencies;
  7. hospice services;
  8. outpatient rehabilitation facilities;
  9. outpatient chronic dialysis services;
  10. transplant services;
  11. free clinics;
  12. school-based health centers, community health centers, federally qualified health centers, and licensed not-for-profit outpatient clinics;
  13. a program licensed or funded by the Department of Children and Families provided it is not a psychiatric residential treatment facility;
  14. any nonprofit facility, institution or provider that has a contract with, or is certified or licensed to provide a service for, a state agency or department for a service that would otherwise require a CON. This does not apply to a short-term acute care general or children's hospital;
  15. a health care facility operated by a nonprofit educational institution exclusively for its students, faculty, and staff and their dependents;
  16. an outpatient clinic or program operated exclusively by or contracted to be operated exclusively by a municipality, municipal agency, municipal board of education, or health district;
  17. a residential facility for the mentally retarded licensed by the state and certified by Medicaid as an intermediate care facility for the mentally retarded;
  18. replacement of existing imaging equipment if it was acquired through CON approval or determination, provided a health care facility, provider, physician, or person notifies the office of the date on which the equipment is replaced and the disposition of the replaced equipment;
  19. acquisition of cone-beam dental imaging equipment that is to be used exclusively by a licensed dentist;
  20. the termination of inpatient or outpatient services offered by a hospital, except as provided below (see “Termination of Services”);
  21. the partial or total elimination of services provided by an outpatient surgical facility, except as provided below (see “Termination of Services”); and
  22. the termination of services when DPH has asked the facility to relinquish its license.