Certificate of Need

Overview

Our attorneys have extensive experience in advising healthcare clients on health planning and certificate of need (CON) matters in Georgia and surrounding states. Led by the former Executive Director of Health Planning who previously oversaw the CON and health planning functions of Georgia, our team is well-versed in assisting all types of health care facilities, including general acute care hospitals, skilled nursing facilities, long term acute care hospitals, ambulatory surgery centers, physician groups, home health agencies, and private home care providers, in complying with CON laws.

From assisting clients in developing CON applications and application strategies, responding to application challenges, developing supplemental project support, and engaging with state personnel, we assist our clients in every step of the CON application process. We also assist our clients in challenging competing providers’ applications as needed. Indeed, our attorneys have extensive experience representing both applicants and challengers in CON administrative hearings and subsequent judicial litigation and appellate review at the highest levels. Additionally, our attorneys specialize in developing organizational and business strategies and providing counseling so that our clients can avoid CON burdens where possible while meeting their business objectives. Our team also excels at ensuring that complex transactions are structured to avoid otherwise avoidable CON implications. We are the thought leaders in CON ready to see you through every step of the health planning process.

Select Experience

  • Assist two hospital systems in securing CON authorization to offer open heart throughout the appeals process despite the opposition of competing hospital systems.
  • Help a client develop and obtain approval to establish a unique skilled nursing and intermediate care facility designed to meet the needs of special populations while benefiting taxpayers despite opposition of competing healthcare facilities.
  • Assist a large hospital system in obtaining a CON to establish Gamma Knife services despite the opposition of three competing hospital systems.
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Experience

  • Assist two hospital systems in securing CON authorization to offer open heart throughout the appeals process despite the opposition of competing hospital systems.
  • Help a client develop and obtain approval to establish a unique skilled nursing and intermediate care facility designed to meet the needs of special populations while benefiting taxpayers despite opposition of competing healthcare facilities.
  • Assist a large hospital system in obtaining a CON to establish Gamma Knife services despite the opposition of three competing hospital systems.
  • Work with a large hospital system to obtain CON approval to establish a neonatal intensive care unit over the opposition of a competing provider.
  • Assist a large hospital system in successfully challenging a large multi-specialty ambulatory surgery center throughout the administrative and judicial appeals process.

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