Certificate of Need

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Hall Render attorneys routinely assist health care clients who are located in or who own or manage facilities/services in states still subject to Certificate of Need (CON) laws. These laws, which remain on the books in over 30 states, generally require a health care entity to obtain a CON before establishing a new facility or...Read More

Hall Render attorneys routinely assist health care clients who are located in or who own or manage facilities/services in states still subject to Certificate of Need (CON) laws.

These laws, which remain on the books in over 30 states, generally require a health care entity to obtain a CON before establishing a new facility or service, making a "substantial change" in an existing health facility or service, adding beds or surgical suites or obligating capital expenditures or major medical equipment expenditures above a certain amount.

The firm's attorneys are familiar with CON statutory schemes, which generally allow for the participation as adverse parties of competing health care facilities in administrative hearings. Consequently, we are well-versed in the practice of administrative law and subsequent appeals. Our experience and extensive knowledge allow us to represent both applicants and those opposing applications.

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Areas of Focus

  • Advice on physicians' exemption from CON laws
  • Advisory opinions to determine the necessity of obtaining a CON
  • Assistance with recommending changes in State Health Plans and need methodologies
  • CON revocation matters
  • Health care licensure matters
  • Post-hearing representation, including administrative and judicial appeals
  • Preparation of CON applications
  • Representing health care clients during the review of CON applications