A key component of Waller Lansden’s health law practice is the representation of clients in Certificate of Need (CON) proceedings. The firm has successfully represented clients before the Tennessee Health Services Development Agency (formerly the Health Facilities Commission) in CON applications for new and expanded services and providers located throughout the state. Waller Lansden also has successfully opposed CON applications on behalf of clients. Our attorneys frequently provide counsel and assist in the strategic planning for facility expansions and relocations; the development of new and replacement facilities; and the introduction of new clinical and diagnostic services and facilities.
Our extensive experience in the CON process includes providing counsel to hospitals, physician groups and other providers for ambulatory surgery centers, outpatient diagnostic centers, behavioral healthcare providers, hospices, physician groups, home health providers, cardiac catheterization centers.
The following is a representative list of recent CON matters for which Waller Lansden attorneys have provided counsel:
Professional Case Management of Tennessee
Obtained CON approval for the establishment of a home health agency and the initiation of home health services to serve patients in the counties of Anderson, Campbell, Knox, Loudon, Morgan, Roane, Scott and Union exclusively to beneficiaries under the EEOICP and RECA.
CON approved Nov. 14, 2007
LifeScan Tennessee, LLC
Obtained CON approval for the establishment of an outpatient diagnostic center and the initiation of PET services.
CON approved April 25, 2007
Hospice of Cumberland County, Inc.
Successfully opposed expansion of hospice services to include Bledsoe, Fentress and White counties.
CON denied Jan. 24, 2007
Livingston Regional Hospital
Obtained CON approval, despite opposition, for the conversion of ten medical-surgical beds to geropsychiatric for an inpatient unit and initiation of psychiatric services for aging patients.
CON approved Sept. 27, 2006
St. Francis Hospital
Obtained CON approval for the renovation and expansion of the emergency department on the hospital's campus.
CON approved Sept. 27, 2006
The West Clinic, P.C.
Successfully opposed, on behalf of Saint Francis Hospital, the initiation of radiation therapy services, acquisition of a linear accelerator (LA) and the establishment of an ambulatory surgery center limited to radiation therapy to be utilized exclusively by the physicians of The West Clinic.
CON denied on Aug. 23, 2006
NorthCrest Medical Center
Obtained CON approval for the renovation and expansion of the emergency department located on the hospital's campus. CON approved Jan. 25, 2006
Lakeside Behavioral Health System
Obtained CON approval, despite opposition, for the renovation and addition of 61 adult and 25 child/adolescent psychiatric acute care beds to be licensed by the Dept. of MH/DD.
CON approved Oct. 26, 2005
Saint Francis Hospital-Bartlett
Obtained CON approval, despite opposition, for the initiation of cardiac catheterization services and the installation of purchased cardiac catheterization laboratory equipment.
CON approved Aug. 24, 2005
