# Delaware — Certificate of Need capital expenditure thresholds by US state — dollar thresholds by facility type, covered services, reviewing agencies, and program status

For Delaware, con program status is active; hospital capital threshold ($) is in excess of $5.8 million, or some greater amount designated by the Board following an annual adjustment for inflation; non-hospital capital threshold ($) is in excess of $5.8 million, or some greater amount designated by the Board following an annual adjustment for inflation; reviewing agency is Delaware Health Resources Board; repeal date is N/A, recorded from its source on 2026-08-18.

- **State:** Delaware _(our reading, not quoted from the source)_
- **CON program status:** active _(our reading, not quoted from the source)_
- **Hospital capital threshold ($):** in excess of $5.8 million, or some greater amount designated by the Board following an annual adjustment for inflation _(verified: appears in the quote below)_
- **Non-hospital capital threshold ($):** in excess of $5.8 million, or some greater amount designated by the Board following an annual adjustment for inflation _(verified: appears in the quote below)_
- **Reviewing agency:** Delaware Health Resources Board _(verified: appears in the quote below)_
- **Repeal date:** N/A _(our reading, not quoted from the source)_
- **Statutory citation:** 16 Del. C. §9304 _(our reading, not quoted from the source)_

## What the source says

> An expenditure by or on behalf of a health-care facility in excess of $5.8 million, or some greater amount which has been 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 is a capital expenditure.

## Source

- https://delcode.delaware.gov/title16/c093/index.html

Last verified: 2026-08-18. Review by: 2027-08-18.
Part of [Certificate of Need capital expenditure thresholds by US state — dollar thresholds by facility type, covered services, reviewing agencies, and program status](https://referencesource.org/con-capital-expenditure-thresholds-by-state/).