Certificates of Need & CON Hearings
Using a multi-disciplinary approach that draws upon the firm’s proven experience in resolving litigation, regulatory and transactional matters, our attorneys routinely assist healthcare industry clients in successfully navigating the full range of complex issues associated with the Certificate of Need (CON) program in Tennessee. Our services include:
- Advisory opinions regarding the need for a CON in connection with a proposed project
- Preparation of CON applications and related support materials
- Representation during the CON application review process and before the CON agency
- Post-hearing representation, including administrative appeals and judicial reviews
- CON revocation matters
- Additional healthcare licensure matters
Our clients include ambulatory surgery centers, nonprofit hospitals, for-profit hospital systems, home health and hospice organizations, imaging centers, long-term care providers, outpatient diagnostic centers, physician practice groups, rehabilitation centers and others. In recent years, we have assisted clients in obtaining CONs and other regulatory approvals for a series of projects valued at nearly $1 billion, including projects for the establishment or expansion of:
- Ambulatory surgery centers
- Behavioral health facilities
- Hospital-based operating rooms
- Intensive care unit services
- Methadone treatment facilities
- Outpatient diagnostic centers, including MRI and PET/CT services
- Proton beam therapy facilities
- Radiation therapy services, including linear accelerator facilities
- Replacement inpatient facilities
Experience
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Lead counsel to West Tennessee Healthcare in obtaining a Certificate of Need (CON) to convert its existing hospital-based outpatient surgery center to a freestanding multi-specialty surgery center that will provide state-of-the art services
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Lead counsel to a Memphis-based children’s research hospital in obtaining a Certificate of Need (CON) to initiate home health services
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Lead counsel to Acadia Healthcare Company, Inc. in its efforts to obtain a Certificate of Need (CON) to open a state-of-the-art opioid treatment program (OTP) facility in suburban Nashville, Tennessee
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Lead counsel to Acadia Healthcare Company, Inc. in its efforts to obtain a Certificate of Need (CON) to open a state-of-the-art opioid treatment program (OTP) facility in Cleveland, Tennessee
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Served as lead counsel to BriovaRx Infusion Services in obtaining a Certificate of Need to expand services in Middle Tennessee
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Co-counsel to Methodist Le Bonheur Healthcare (MLH) in its efforts to obtain a Certificate of Need (CON) to initiate radiation therapy at its hospital campus located in Germantown, Tennessee
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Served as lead counsel to Radiology Alliance – an affiliate of MEDNAX, Inc. – in its efforts to obtain a Certificate of Need (CON) to implement a new, state-of-the-art outpatient diagnostic imaging center in Metropolitan Nashville area
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Served as lead counsel to AxelaCare Health Solutions LLC – a subsidiary of United Health Group – in its efforts to obtain a Certificate of Need (CON) to initiate homecare operations in 34 counties in and around metropolitan Knoxville, Tennessee
Professionals
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
