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

• CON Approved for Upper Cumberland Orthopedic Surgery and The Campbell Clinic
  Bass, Berry & Sims served as lead counsel to Upper Cumberland Orthopedic Surgery, P.C. (UCOS) and The Campbell Clinic in...
• CON Approved for West Tennessee Healthcare
  Bass Berry & Sims served as lead counsel to West Tennessee Healthcare in obtaining a Certificate of Need (CON) to...
• CON Approved for Leading Children’s Research Hospital
  Bass Berry & Sims served as lead counsel to a Memphis-based children's research hospital in obtaining a Certificate of Need...
• CON Approved for Acadia Healthcare in Nashville
  Bass, Berry & Sims served as lead counsel to Acadia Healthcare Company, Inc. in its efforts to obtain a Certificate...
• CON Approved for Acadia Healthcare in East Tennessee
  Bass, Berry & Sims served as lead counsel to Acadia Healthcare Company, Inc. in its efforts to obtain a Certificate...
• CON Approved for Tennessee Orthopedic Alliance
  Bass, Berry & Sims served as lead counsel to Tennessee Orthopedic Alliance (TOA) in obtaining a Certificate of Need (CON)...
• CON Approved for BriovaRx Infusion Services
  We served as lead counsel to BriovaRx Infusion Services (BriovaRx) in obtaining a Certificate of Need (CON) to expand its...
• CON Approved for Methodist Le Bonheur Healthcare
  Bass, Berry & Sims served as co-counsel to Methodist Le Bonheur Healthcare (MLH) in its efforts to obtain a Certificate...
• $9 Million Outpatient Diagnostic Center Approved for Leading Radiology Group
  We served as lead counsel to Radiology Alliance – an affiliate of MEDNAX, Inc. – in its efforts to obtain...
• CON Approved for Tennessee Oncology
  Bass, Berry & Sims served as lead counsel to Tennessee Oncology PLLC in its efforts to obtain a Certificate of...

Professionals