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    Delaware Health Resources Board (HRB)

    Delaware Health Resources Board (HRB)

    Certificate of Public Review

    The primary goal of the Delaware Health Resources Board (HRB) Certificate of Public Review (CPR) process is to control health costs. This formal review process ensures public scrutiny of certain health care developments which could negatively affect the quality of health care, or threaten the ability of health care facilities to provide services to the medically indigent.  The Delaware Health Care Commission administers and staffs the public review process, which regulated through the Delaware Code 16 Del. Code 9301.

    Construction, development or other acquisition of a health care facility, or the acquisition of a nonprofit healthcare facility, requires a Certificate of Public Review.  

    Major capital expenditures by, or on behalf of a health care facility, in excess of $5,800,000, or some greater amount which has designated by the Board following an annual adjustment for inflation using an annual inflation index determined by the United States Department of Labor, Bureau of Labor Statistics, which, under generally accepted accounting principles consistently applied, is a capital expenditure  which requires a Certificate of Public Review.

    A capital expenditure for purposes of constructing, developing or otherwise establishing a medical office building shall not be subject to review under this chapter.

    In the case of major medical equipment acquired by an entity outside of Delaware, the use of that major medical equipment within Delaware, whether or not on a mobile basis, is subject to review under this chapter.

    Major medical equipment which is acquired for use in a dispensary or first aid station located within a business or industrial establishment maintained solely for the use of employees or in a first aid station, dispensary or infirmary offering services exclusively for use by students and employees of a school or university or by inmates and employees of a prison is not subject to review.4

    A proposed change in bed capacity, which increases the total number of beds (or distributes beds among various categories, or relocates such beds from one physical facility or site to another) by more than 10 beds or more than 10 percent of total licensed bed capacity, whichever is less, over a two-year period, requires a Certificate of Public Review.

    Acquisition of major medical equipment,whether, or not, by a health care facility and whether, or not, the acquisition is through a capital expenditure, an operating expense or a donation.

    The replacement of major medical equipment with similar equipment shall not be subject to review under this chapter. In the case of major medical equipment acquired by an entity outside of Delaware, the use of that major medical equipment within Delaware, whether or not on a mobile basis, is subject to review under this chapter.

    Major medical equipment which is acquired for use in a dispensary or first aid station located within a business or industrial establishment maintained solely for the use of employees or in a first aid station, dispensary or infirmary offering services exclusively for use by students and employees of a school or university or by inmates and employees of a prison is not subject to review.

    Certificate of Public Review Guiding Principles

    The following general principles are intended to assist potential Certificate of Public Review (CPR) applicants in understanding the Board’s expectations and also to assist the Board itself in conducting CPR reviews, particularly in matters where specific guidelines are lacking.

    1. The essential challenge faced by the Board is striking an appropriate balance in its consideration of access, cost and quality of care issues. Evidence that this challenge has been seriously embraced by the applicant should permeate every CPR application.
    2. The problem of medical indigency is extremely complex. The Delaware Health Care Commission continues to provide leadership in this area. CPR applicants are expected to contribute to the care of the medically indigent.
    3. Historically, health care delivery has too often been episodic and disjointed. Projects which support a managed, coordinated approach to serving the health care needs of the person/population are to be encouraged.
    4. Given Delaware’s small size and close proximity to major metropolitan referral centers, particularly in Philadelphia and Baltimore, every health care service need not be available within its borders.  Potential CPR applicants are expected to take into account the availability of out-of-state resources.
    5. Historically, our cost-based reimbursement system has provided little incentive for financial restraint; over-utilization has been encouraged. Revenue centers, not cost centers, were generally emphasized. Projects which reflect or promote incentives for over-utilization (including self-referral) are to be discouraged.
    6. Strengthening market forces is a central theme in the health care reform strategy adopted by the Delaware Health Care Commission, a theme which is embraced by the Board. Projects resulting from or anticipated to enhance meaningful markets are to be encouraged. In the past, “competition” has often been on the basis of amenities for physicians (the medical arms race) and patients (the plushest waiting room). In meaningful markets there must be a sensitivity to elements of both cost and quality.
    7. Prevention activities such as early detection and the promotion of healthy lifestyles are essential to any effective health care system. The potential for a project to bring about progress in these areas will be viewed as a very positive attribute.

    Certificate of Public Review Process

    Letter of Intent

    The Certificate of Public Review process starts with a letter of intent submitted to the Delaware Health Resources Board (HRB). The HRB reviews the application and may hold a public hearing before rendering a decision.

    The Health Resources Board considers factors such as the proposal’s relationship to the state’s health plan, the population’s need for the project and the potential impact on cost and quality of care.

    Procedures

    1. Applicant files Notice of Intent, found within the CPR Application Kit.
    2. Applicant files application. When application is determined to be complete, there is notification of the beginning of the review (Public Notice, etc.).
    3. At the first meeting of the Delaware Health Resources Board after an application is determined complete, there is an overview presentation by the applicant and an opportunity for questions. At this meeting the application is assigned as a staff review or a Review Committee is appointed.
    4. If a public hearing is requested, this is conducted by Review Committee.
    5. Review Committee meets with the applicant and deliberates as necessary to formulate a recommendation to the Board.
    6. Review Committee report is submitted to the Board. The Board makes the decision. From the date of notification referred to in step 2 above, generally the maximum review period is 90 days. There are exceptions, such as a public hearing is requested or it is mutually acceptable to the Board and the applicant.

    Certificate of Public Review Application Fees

    Certificate of Public Review applications must be accompanied by an application filing fee. Pursuant to Chapter 93 Health Planning and Resources Management, §9305, application fees shall be determined from the following table:

    Capital ExpendituresApplication Fee
    Less than $ 500,000$100
    $500,000 to $999,999$750
    $1,000,000 to $4,999,999$3,000
    $5,000,000 to $9,999,999$7,500
    $10,000,000 and over$10,000

    Filing fees shall be due 30 days after the date of notification of the beginning of review as covered under 9305 subdivision (4). This due date may be extended up to 10 additional days at the discretion of the Bureau. Applications for which filing fees have not been paid within this time frame shall be considered to be withdrawn.

    Make checks payable to: Treasurer, State of Delaware and remit to:

    Delaware Health Care Commission
    1901 North Dupont Highway
    New Castle, DE 19720

    Health Resources Board Members

    Member NameMember Designation
    Cheri DoyleBoard Chairman (Public at Large)
    Leighann HinkleBoard Vice Chairman
    JoAnn SeppeltProvider
    Leighann HinkleState Employee Health Care Coverage
    VacantLabor Representative
    Steven BienerPublic at Large
    Vincent Lobo, Jr. DOMedical Practitioner
    Trinidad NavarroDelaware Health Care Commission
    Nicole CarringtonPublic at Large
    Yassmine ZerradDepartment of Health and Social Services
    John HundleyHealth Care Administration
    Cheryl HeiksLong-term Care Administration
    VacantPublic at Large
    Timothy GibbsPublic at Large
    Pamela PriceHealth Insurance Industry Representative
    Charles “Chip” Walters Jr.Health Care Coverage for Employers with more than 200 Employees

    Health Resources Board Bylaws

    Health Resources Board 2026 Meetings

    DATETIMEPLACE
    January 22, 20262:00-4:00 p.m.See public meeting calendar for details.
    February 26, 20262:00-4:00 p.m.See public meeting calendar for details.
    March 23, 20262:00-4:00 p.m.See public meeting calendar for details.
    April 23, 20262:00-4:00 p.m.See public meeting calendar for details.
    May 28, 20262:00-4:00 p.m.See public meeting calendar for details.
    June 25, 20262:00-4:00 p.m.See public meeting calendar for details.
    July 23, 20262:00-4:00 p.m.See public meeting calendar for details.
    August 25, 20262:00-4:00 p.m.See public meeting calendar for details.
    September 15, 20262:00-4:00 p.m.See public meeting calendar for details.
    October 20, 20262:00-4:00 p.m.See public meeting calendar for details.
    November 17, 20262:00-4:00 p.m.See public meeting calendar for details.
    December 15, 20262:00-4:00 p.m.See public meeting calendar for details.

    Certificate of Review Notice of Filed Intents

    Coming soon!

    Current Board Meeting Presentations

    Certificate of Review Monthly Activity Reports

    The information below is a listing of Delaware Certificate of Public Review activities. For years prior to 2020, please reach out to the HRB.


    Archived Years

    Application Decisions

    ApplicationProjectAmountYearStatus
    Encompass HealthInpatient Rehab Facility$66 Million2026Approved
    ChristianaCarePET/CT scanners$8 Million2026Approved
    ChristianaCare OnixInpatient Rehab Facility$75 Million2026Approved
    University of Pennsylvania HealthMRI and CT scanner$17 Million2026Approved
    NemoursMRI scanner$7.3 Million2026Approved
    ChristianaCareMRI scanners$13.5 Million2026Approved
    TidalHealthAmbulatory Surgery Center$15 Million2026Approved
    NemoursFetal Care Center$9.6 Million2026Approved
    ChristianaCareAmbulatory Surgery Center$9.3 Million2026Approved
    Cardiology Physician LLCCardiac PET/CT, Dover, Smyrna, Lewes, Oceanview locations$1.5 Million2025Approved
    NemoursAdvanced Delivery Unit$58.5 Million2025Approved
    Sussex Pain Relief CenterConvert to freestanding surgery center$1.5 Million2024Approved
    ChristianaCareMiddletown Health Center Expansion$96.760 Million2024Approved
    ChristianaCareRadiation Therapy Medical Equipment Varian Ethos$6.7 Million2024Approved
    Nephrology Associates-MilfordConvert vascular access center to freestanding ambulatory center$450,0002024Approved
    Nephrology Associates-NewarkConvert vascular access center to freestanding ambulatory center$605,0002024Approved
    NemoursOutpatient Services Clinic & Infusion Center$27.250 Million2024Approved
    Cedar Tree Surgical CenterPerform General Anesthesia$150,0002024Approved
    NemoursInpatient Unit Hematology Oncology Transplantation Cellular Therapy$25.7 Million2024Approved
    ChristianaCareMagnetic Resonance Guided Focused Ultrasound$2.15 Million2023Approved
    Advanced Surgical PlatformsConvert to Freestanding Surgery Center$4.150 Million2023Approved
    BayhealthSussex campus, 40 medical/surgical beds and 6 intensive care beds$3.5 Million2023Approved
    Division of Services for Aging and Adults with Physical DisabilitiesReplacement Hospital for Delaware Hospital for the Chronically ill$50,000,0002023Approved
    Molecular Imaging Services Inc.Cardiac PET$700,0002023Approved
    BeebeHybrid Freestanding Emergency Department$30 Million2022Approved
    NemoursDental, Ophthalmology and Surgical Specialty Clinic$15.3 Million2022Approved
    Delaware Surgical ArtsOne operating room$450,0002022Approved
    NemoursConstruction of NICU$17.5 Million2022Approved
    Encompass Health Rehabilitation Hospital10 bed expansion$9.8 Million2022Approved
    Post Acute Medical40 bed inpatient rehabilitation facility$33 Million2022Approved
    Outpatient Procedure CenterConvert office based surgery facility to a freestanding surgery center$156,0002022Approved
    Select Specialty HospitalRelocation of long term acute care hospital from St. Francis Hospital to ChristianaCare Wilmington Hospital$9.9 Million2021Approved
    ChristianaCareCenter for Spine Surgery Joint Venture partnership ChristianaCare and Neurosurgical Group$5.2 Million2021Approved
    BayhealthSussex Hospital additional medical surgical beds$10-$14 Million2020Approved
    BayhealthFreestanding Emergency Department$10.2 Million2020Approved
    Nemours A.I. duPont HospitalCardiac Cath Lab$6.1 Million2020Approved
    Beebe Healthcare 12 room fit outSpecialty Surgical Hospital$3 Million2020Approved
    Cadia Pike Creek52 skilled nursing bed expansion$12 Million2020Approved
    Post Acute Medical34 bed inpatient rehab facility$17 Million2020Approved
    Comprehensive Care CapitalAcquisition of Churchman Village, Parkview Nursing and Harbor Healthcare$67 Million2020Approved
    Exceptional Care for Children22 bed Bridge Unit$10,000,0002019Approved
    Peninsula Regional Health SystemAffiliation with Nanticoke Health System$0.002019Approved
    Beebe HealthcareFreestanding Emergency Department$20-23 Mill2019Denied
    MeadowWood Behavioral Health20 bed expansion$5 Mill2019Approved
    Beebe HealthcareFreestanding Emergency Department$22 Mill2018Approved
    Beebe HealthcareSpecialty Surgical Hospital$16.5 Mill2018Approved
    Beebe HealthcareOncology Center$19 Mill2018Approved
    MeadowWood Behavioral Health7 bed expansion$200,0002018Approved
    Dover Behavioral Health16 bed expansion$4, 409,6852018Approved
    Christiana Care Health Care CenterRenovation and Consolidation$7.5 Mill2018Approved
    Christiana Care PMRI FacilityRenovation and Consolidation$8.2 Mill2018Approved
    The Birth Center-Women’s Holistic HealthcareRelocation of birth center to Newark, DE$40,0002018Approved
    Nationwide Healthcare LLC150 bed skilled nursing facility$6 Mill2017Approved
    Christiana CareInterventional Structural Heart Lab$3.5 Mill2017Approved
    Christiana Care6 Bed Expansion Inpatient Psychiatric Unit$8.3 Mill2017Approved
    First State Surgery CenterExpansion of Surgery Center$1 Mill2017Approved
    Cataract and Laser CenterRelocation of Surgery Center$30,0002017Approved
    Bayhealth Medical CenterReplacement Hospital Milford DE$268 Mill2016Approved
    Christiana CareWomen and Children’s Transformation Center$250 Mill2016Approved
    Nemours Alfred I duPont HospitalPurchase PET Scanner$5.5 Mill2016Approved
    Post Acute Medical LLC34 bed inpatient rehabilitation center$14 Mill2015Approved
    Sun Behavioral Health90 bed inpatient behavioral health facility$18 Mill2015Approved
    First State OrthopaedicsFree Standing Surgery Center$4 Mill2015Denied
    Genesis HealthCarePurchase Franciscan Care Center$7.5 Mill2014Approved
    The Weston GroupAcquisition of Masonic Group$4.5 Mill2013Approved
    Bayhealth Kent General32 hospital Bed Expansion$12 Mill2013Approved
    Capitol Nursing30 Bed expansion$3 Mill2013Denied
    Center at Eden HillSNF$17 – $24 Mil2013Approved
    Genesis HealthCareAcquisition of Lifecare at Lofland$11,059,7002012Approved
    Delaware Veterans HomeOpen 30 beds in existing wing$02011Approved
    Nanticoke HealthCauterization Lab$1.8 Mill2011Approved
    Dover Behavioral Health16-bed expansion$3,500,0002011Approved
    MeadowWood Behavioral Health30-bed expansion$5,000,0002011Approved
    Bayhealth Medical CenterFreestanding Emergency Department$5,000,0002011Approved
    Nemours/AI DupontNew Addition with medical/surgical intensive care rooms$275,000,0002011Approved
    HealthSouthMiddletown Rehab. Hospital$21,000,0002011Approved
    Molecular Imaging Services, Inc.Implement a Cardiac PET program with PET scanner$490,0002010Approved
    ACTS-PUMHAffiliation Agreement$02010Approved
    Christiana CareFreestanding Emergency Department$34,000,0002010Approved
    Rockford Center24- inpatient bed expansion$3,000,0002010Approved
    Exceptional Care for Children11 bed expansion$1,200,0002010Approved
    Parkview NursingExpansion renovation of facility$6,200,0002009Approved
    Onix Silverside120 bed nursing center$12,000,0002009Approved
    Nanticoke Health ServicesLease of Mobile Pet Scanner$122,5002008Approved
    Christiana CareWilmington expansion$205,000,0002008Approved
    Harrison House of GeorgetownFacility Expansion$02007Approved
    UHS of Dover, LLCConvert St. Jones Center from a freestanding center to a hospital$7,650,0002007Approved
    Christiana CareAcquisition of a PET/CT scanner$2,600,0002007Approved
    Newark LTC OperationsAcquisition of operations Churchman Village$13,000,0002006Approved
    UHS of DoverAcquisition of St. Jones Center of Behavioral Health$7,650,0002006Approved
    Helen F Graham Center at Christiana CampusCyberknife accelerator$6,300,0002006Approved
    A.I Dupont HospitalConstruct an addition which allows renovation to CICU/NICU$15,000,0002006Approved
    Specialty Surgery Center of SeafordEstablish freestanding multi-specialty surgical center$2,000,0002006Approved
    BayhealthCardiac catheterization$3,2502006Approved
    Dover SurgicenterAmbulatory surgery center$5,500,0002005Approved
    Orthopedic SpecialistFreestanding outpatient surgery$1,4002005Approved
    Veterans Home120 bed facility$26,7142005Approved
    Rockland Surgery CenterFreestanding surgery center$1,400,0002005Approved
    Beebe Medical CenterMajor expansion$30,200,0002005Approved
    Delaware Surgery CenterFreestanding multispecialty surgery center$1,500,0002005Approved