Delaware Certificate of Public Review Requirements: Facility Guide
The Delaware Certificate of Public Review (CPR) is the state’s statutory equivalent to many certificate of need (CON) programs in other states. First introduced as the Delaware certificate of need, it was meant to curb healthcare inflation in line with the requirements of the 1974 congressional mandate. As the program evolved and was reformed, the name also shifted, but its intent remains the same: To prevent duplicative healthcare infrastructure by only building or adding healthcare facilities and services where they’re truly needed.
If you’re looking to add beds to your hospital in Dover or open a new urgent care in Newark, here’s a quick guide to help you pursue regulatory first steps.
The Delaware Certificate of Public Review Requirements at a Glance
Many of the rules and regulations that govern the Delaware CPR mirror other states’ certificate of needs requirements. However, just as each CON is unique, so are the provisions of the CPR.
Let’s clarify some of the program’s main criteria to help you better navigate the process.
| Legal Authorities | Code of Delaware, Title 16, Chapter 93:
Delaware Administrative Code, Title 16: |
| Requirements | Activities subject to review (as defined by Section 9304) include:
There are certain limited exemptions from the CPR process. For example, the CPR requirements do not apply to the when major medical equipment is acquired for:
Delaware CPR laws apply to any healthcare facility, whether they’re licensed by the state, for profit or nonprofit, and whether they’re government or independently operated. Examples of affected facilities include:
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| State Agencies | Delaware Health Care Commission (DHCC) |
| Fees | Filing fees are defined in Section 9305. Once an application is determined to be complete, the bureau will notify the applicant of any associated fee within five working days and are defined by the proposed expenditure.
The associated fees for projects costing:
Application fees must be deposited to the General Fund and are due within 30 days of notification of the beginning of review. |
| Application Forms | The DHRB utilizes an application kit that includes:
Note: A strict page limit is imposed, and Delaware certificate of public review applicants are asked to ensure that supporting content is kept to only what is required, relevant, and concise. |
| Penalties | Under Section 9308, the following activities may be liable for sanctions:
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How to Pursue a CPR in Delaware: Procedure
Delaware, like other certificate of need states, follows a step-by-step process that guides the CPR application process. This is outlined within Section 9305 and contains the following steps:
1. Submitting a Notice of Intent
This is found within the application kit, and must be submitted to the board no less than 30 days (but no more than 180) before submitting the application.
2. Applying for a CPR
After finishing the application packet and following the included guidelines, the Bureau then has 15 business days to decide the application’s completeness. The applicant is now responsible for paying required fees.
3. Awaiting Notification of Commencement
Once the applicant is notified of commencement, the review process has begun and the public must also be updated via newspaper or general circulation. This allows for community feedback on the proposal.
4. Participating in Board Reviews
During scheduled reviews, the applicant must answer any questions from the board or community, offering justification with supporting evidence for the project. Meeting dates, times, and locations are available for any who want to attend.
5. Receiving Notification of Deliberation
An application’s approval or rejection should occur within 90 days from the start of the review process. These results are publicly available, though extra requests for hearings may alter this timeline.
Additional Considerations
Following many states’ certificate of need example, the Delaware certificate of public review process allows competitors to request hearings and give feedback on proposals. Contested applications often experience longer review timelines, lengthening the process beyond the minimum four-month window.
It’s also worth noting that because of Delaware’s small geographical size, the availability of healthcare services in surrounding states is often a consideration when factoring the local community’s needs. If a neighboring state offers the service you’re looking to provide within relative proximity to your project’s designated location, the board may use this to counter your requirement claims.
Support Your Facility’s Growth With Expert-Backed Insights
Overcoming the challenges of a new project — like applying for a Delaware certificate of public review or identifying the best interview questions to staff your new facility — can often feel overwhelming. IntelyCare is here to assist, with the latest healthcare insights and recommendations to help your organization thrive.
Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.