Certificate 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
  • 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

    We served as lead counsel to Radiology Alliance – an affiliate of MEDNAX, Inc. – in its efforts to obtain...
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    Client Type: Public Company
  • Bass, Berry & Sims served as lead counsel to Tennessee Oncology PLLC in its efforts to obtain a Certificate of...
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    Client Type: Private Company
  • 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

    Bass, Berry & Sims served as lead counsel to AxelaCare Health Solutions LLC – a subsidiary of United Health Group...
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    Client Type: Private Company
  • 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 40 counties in and around metropolitan Nashville, Tennessee

    Bass, Berry & Sims served as lead counsel to AxelaCare Health Solutions LLC – a subsidiary of United Health Group...
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    Client Type: Private Company
  • 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 21 counties in and around metropolitan Memphis, Tennessee

    Bass, Berry & Sims served as lead counsel to AxelaCare Health Solutions LLC – a subsidiary of United Health Group...
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    Client Type: Private Company
  • Served as lead counsel to Alere Women’s and Children’s Health LLC in its efforts to obtain a Certificate of Need (CON) to expand its existing homecare operations in and around metropolitan Chattanooga, Tennessee

    We served as lead counsel to Alere Women's and Children's Health LLC in its efforts to obtain a Certificate of...
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    Client Type: Public Company
  • Served as lead counsel to Alere Women’s and Children’s Health LLC in its efforts to obtain a Certificate of Need (CON) to expand its existing homecare operations around metropolitan Memphis, Tennessee

    We served as lead counsel to Alere Women's and Children's Health LLC in its efforts to obtain a Certificate of...
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    Client Type: Public Company
  • Served as lead counsel to Alere Women’s and Children’s Health LLC in its efforts to obtain a CON to expand its existing homecare operations in and around Nashville, Tennessee

    Bass, Berry & Sims served as lead counsel to Alere Women's and Children's Health LLC in its efforts to obtain...
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    Client Type: Public Company
  • Served as lead counsel to AmSurg Corp. in its efforts to obtain a Certificate of Need (CON) to relocate and expand an existing endoscopy center in Chattanooga, Tennessee

    We served as lead counsel to AmSurg Corp. in its efforts to obtain a Certificate of Need (CON) to relocate...
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    Client Type: Public Company
  • Served as lead counsel to a consortium of charitable foundations in their efforts to obtain a Certificate of Need (CON) to build a $110 million proton beam therapy facility in suburban Nashville, Tennessee

    We served as lead counsel to a consortium of charitable foundations in their efforts to obtain a Certificate of Need...
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    Client Type: Private Company
Lauren M. Gaffney
Associate
J. Richard Lodge
Member
W. Brantley Phillips, Jr.
Member