Submit a CON Application

Once an LOI has been processed by the Department, the corresponding CON application can be submitted online through the Department's CON e-Serve Application via the MILogin system or by paper to the Lansing Office. Submission online is encouraged as it helps to expedite the processing of an application.

The agent needs to log into CON e-Serve Application and click on the link 'CON Application'. The CON number will appear on the screen, then click on the link 'CON'.  Applicable links will appear on the left hand side navigation bar - Required Documents, Part 222 and Standards, and Required Forms. Click on each link to see the contents. Click the right mouse button on the screen to print the pages.  If a selected form is not available online the applicant needs to submit the form by paper available on the Electronic Forms page. The required documents can by submitted by email to CON Project Coordinator at MDHHS-ConProjects@michigan.gov.

Nonsubstantive and Substantive applications can be submitted online. Projects subject to Comparative Review are paper applications until further notice.

Review types:

• Nonsubstantive reviews involve projects not requiring a full review, requiring less information, and are processed more quickly.  Examples of nonsubstantive reviews are equipment replacements and acquisitions of existing facilities (see Form CON-148).
• Substantive reviews involve projects that require a full review but on an individual basis, such as a new MRI unit or additional units.
• Comparative reviews involve situations where two or more applicants are competing project types for which the need is limited such as new beds and transplantation services, excluding pancreas.

Application fees can be paid by check or through the MILogin online electronic funds transfer option with an electronic application submission.

Application Fees:

• $3,000 for projects costing up to $500,000
• $8,000 for projects costing more than $500,000 but less than $4,000,000
• $11,000 for projects costing more than $4,000,000 but less than $10,000,000
• $15,000 for projects costing $10,000,000 or more

In accordance with Rule 325.9123, nonsubstantive applications can be filed on any workday. Substantive applications must be filed on or before the first working day of the month. Comparative applications are filed on or before February 1, June 1, or October 1 (or the first working day following these dates).

Once an application is submitted, the Project Review Coordinator, notifies the applicant if the application is incomplete or complete. Within 15 days of receiving an application, the Department reviews for completeness and requests any additional information. The applicant has 15 working days to submit the requested information to the Department. The Department then deems the application complete and the review is started.

Proposed decisions for:

• Nonsubstantive applications will be issued within 45 days following the date deemed complete.
• Substantive applications will be issued within 120 days following the date deemed complete.
• Comparative review group applications will be issued within 150 days following the date deemed complete.

The application is then forwarded to the assigned reviewers for an in-depth review of the proposed project. Within the appropriate time period for the type of review, the assigned reviewer will prepare a report documenting the analysis and findings of compliance with the statutory review criteria (Part 222) and applicable review standards. The reviewer will then make a recommendation for approval or disapproval. 

If the proposed decision is an approval, a final decision is issued by the Department Director within five days. If the proposed decision is a disapproval, the applicant has 15 days to request a hearing. If requested, the hearing must begin within 90 days, unless waived by the applicant. A final decision is then issued by the Department Director following the hearing. If a hearing is not requested, a final decision is issued by the Department Director.

An applicant can revise an application once submitted to the Department, unless subject to comparative review. To modify an application, contact the CON Evaluation Section at MDHHS-ConProjects@michigan.gov with the CON Number and the nature of the revision. The Department will unlock the documents as needed and send an e-mail. Once modified, resubmit the unlocked documents.

Additional information dealing with the filing of a Letter of Intent, application, emergency application, and amendment phases is provided by a workflow chart.