Nevada
Nevada requires CONs within two broad categories – facilities and emergency medical transport. Further, it limits its requirements to healthcare facilities in rural areas and new medical helicopter services.
Nevada’s COVID-19 Response
As of May 15, 2020, Nevada had not suspended any CON requirements in response to COVID-19.
Application Process
In Nevada, the CON application process takes between 75 and 90 days. Nev. Admin. Code § 439A.405. Applications can be submitted at any time but DHHS will only review applications that address need that is projected to arise within the next five years. Nev. Admin. Code § 439A.355(2). The nonrefundable fee for a CON application is $9,500. Nev. Admin. Code § 439A.365(2). Competitors can intervene in the application process and can offer evidence or argument as to why an application should be denied. Nev. Admin. Code §§ 439A.395, .415(4).
Types of CONs in Nevada
| CON? | CON applies with expenditure of: | Temporary COVID-19 response: | |
| Hospital Beds | No | – | – |
| Beds Outside Hospitals | No | – | – |
| Equipment | No | - | – |
| Facilities/Buildings | Yes | $2 million+ | – |
| Services | No | – | – |
| Emergency Medical Transport | Yes | Any amount | – |
Nevada CONs in Detail
| Category | Types of CONs | Citation |
| Hospital Beds | No CONs in this category. | |
| Beds Outside Hospitals | No CONs in this category. | |
| Equipment | No CONs in this category. | |
| Facilities/Buildings | Construction, expansion, or renovation of health facilities, using a capital expenditure of more than $2 million, in counties with populations less than 100,000 or cities or unincorporated towns with populations less than 25,000 that are in counties with a population over 100,000. | Nev. Rev. Stat. § 439A.100(1).015; Nev. Admin. Code § 439A.226 |
| Services | No CONs in this category. | |
| Emergency Medical Transport | Operation or proposed expenditure for the operation of a new medical helicopter that will provide services in an area located within 150 miles from the base of an existing medical helicopter. | Nev. Rev. Stat. § 439A.104(1) |
Nevada CON Exceptions
| No CON Required For: | Nev. Rev. Stat. |
| The construction, expansion, or renovation of a health facility that costs less than $2 million. | § 439A.100(1) |
| Capital expenditures for non-healthcare related expenses (i.e., the acquisition of land, parking facilities, maintenance of a health facility, renovation to comply with safety, licensure, certification, or accreditation standards, installation of a system to conserve energy, installation of a system for data processing or communication, or any other project which, in the opinion of the DHHS Director, does not relate directly to the provision of any health service). | § 439A.100(2)(a) |
| Any project for the development of a health facility that has received legislative approval and authorization. | § 439A.100(2)(b) |
| A project for the construction of a hospital in an unincorporated town if: (1) the population is more than 24,000, (2) no other hospital exists in town, (3) no other hospital has been approved for construction or qualified for an exemption from approval for construction in the town, and (4) the unincorporated town is at least a 45-minute drive from the nearest center for the treatment of trauma that is licensed by the Division of Public and Behavioral Health of DHHS. | § 439A.100(2)(c) |
| Offices of practitioners used solely to provide routine services for health to the practitioner’s patients. | § 439A.015 |