CON Approved for Third Proton Therapy Facility

We served as lead counsel to a consortium of charitable foundations in their efforts to obtain a Certificate of Need (CON) to build a proton beam therapy facility in suburban Nashville, Tennessee. Proton beam therapy is a highly advanced form of radiation treatment for cancer that, as of June 2015, is available at only 15 locations in the United States. The $110 million project received unanimous approval from state regulators. Regulators previously approved two other proton facilities for Tennessee in 2010 and 2012. Bass, Berry & Sims’ CON team spearheaded the approval of all three projects. With the newly approved facility, Tennessee will become one of only a handful of states where patients can access this rare form of treatment at multiple locations.

The new facility received significant media attention throughout the state. Several of the articles are referenced below:

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