Certificate of Need

Certificate of Need

Waller's healthcare attorneys have spent decades guiding provider clients through the regulatory and operational intricacies of the Certificate of Need (CON) program in Tennessee, Alabama and a number of other states.

Whether applying for a Certificate of Need or opposing one, our deep bench of attorneys work side-by-side with our clients to navigate the complex issues associated with state CON programs.

At Waller, a key component of our healthcare practice is the representation of clients in Certificate of Need (CON) proceedings. The firm has successfully represented clients before the Alabama State Health Planning & Development Agency, the Tennessee Health Services and Development Agency (formerly the Health Facilities Commission) and the Virginia Department of Health in CON applications for new and expanded services for providers located throughout these states. Waller has also successfully opposed CON applications on behalf of clients. 

Our extensive experience in the CON process includes providing counsel to hospitals, physician groups and other providers for hospitals, freestanding emergency departments, ambulatory surgery centers, outpatient diagnostic centers, cancer treatment centers, dialysis facilities, behavioral healthcare facilities, hospices, home health agencies and cardiac catheterization laboratories.

Our attorneys frequently assist with the:

  • Strategic planning for facility expansions and relocations
  • Development of new and replacement facilities
  • Introduction of new clinical and diagnostic services and facilities

Related Experience

University of South Alabama Health System plans for new campus, joint venture

Assisting University of South Alabama Health System in working through a $2 million donation for a new campus as well as a joint venture with Surgery Partners for an ambulatory surgery center.

Coda Consulting Group completes CON for hospice services

Assisted Coda Consulting Group in the execution of a Certificate of Need process for hospice services, ensuring due diligence was completed to the satisfaction of Tennessee regulations.

The Jackson Clinic and Baptist Memorial Health Care partner on new outpatient center

Advised the Jackson Clinic and Baptist Memorial Health Care through a Certificate of Need process for a multi-specialty ambulatory surgical treatment center (ASTC) plus the initiation of cardiac catheterization services.

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