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:


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