Certificate of Need

Navigating the Certificate of Need (CON) application process can be complicated, rife with competition, regulation and local politics. Although highly debated, Certificates of Need are still mandatory in 36 states (each with its own set of rules and guidelines), as well as in some federal markets. In these areas, the CON process is mission critical because providers cannot do business without approval — and they stand to lose business if a competitor receives approval. With so much at stake, knowledge and experience at every level of government is crucial for both prosecution and defense of CON applications.

The healthcare attorneys at McGuireWoods have successfully advocated for clients in their pursuit of CON approval, as well as in their opposition to the CON applications of competing providers. Our attorneys have the regulatory know-how to advise clients on both sides of the CON process, through issues such as relocation and replacement, change of ownership, facility expansion, introduction of new clinical services, and other significant expenditures. We have represented a variety of healthcare providers, including hospitals, health systems, academic medical centers, dialysis facilities and renal providers, post-acute and senior care facilities, and ambulatory surgery centers.

Taking full advantage of the firm’s national presence, we have established a high level of familiarity and have close working relationships with regulatory agencies and facility planning boards in multiple states and jurisdictions, including California, Georgia, Illinois, Maryland, North Carolina, Massachusetts, Virginia, Washington, D.C., and others. From numerous years of guiding our clients through the CON process, we have obtained firsthand understanding of state regulatory requirements. Each regulator has a somewhat different method for processing CON applications, and we put that knowledge and experience to work for our clients.

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CONTACTS

Victor L. Moldovan Partner T: +1 404 443 5708
Results 1-4 of 4
Representative Matter

Cancer treatment center

Representation of a cancer treatment center in opening its fifth hospital in the country. The project started approximately seven years ago when the legislature agreed to change the law to allow for a destination cancer hospital under the Certificate of Need statute. The team represented the hospital in the legislature, during the administrative approval process, in the acquisition of the site, licensing and all other aspects of the project.
Representative Matter

Major university

Advised major university in certificate of need approval, development, and operation of $135 million proton therapy institute.
Representative Matter

New Virginia-based hospital

Provided Virginia certificate of public need advice for numerous projects over 24 years, including development of new $166 million, 126-bed new hospital.
Representative Matter

Virginia medical center

Appeal of certificate of public need denial in which a Virginia medical center opposed the project and was good cause party to the original decision, and, thus, a party to the appeal. Our client established good cause party status in the administrative stages of a certificate of public need application cycle. Our client and the State Health Commissioner were successful in arguing that the decision be upheld on appeal.
Results 1-4 of 4
Nathan A Kottkamp Nathan A. Kottkamp
Senior Counsel
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1092
F: +1 804 698 2072
vCard
David J Pivnick David J. Pivnick
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 3585
F: +1 312 698 4539
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Thomas J Stallings Thomas J. Stallings
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1007
F: +1 804 698 2182
vCard
Results 1-2 of 2
Results 1-2 of 2