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
Lauren M. Gaffney
W. Brantley Phillips, Jr.
Page Minton Smith