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 Tennessee Health Services and Development Agency (formerly the Health Facilities Commission) and the Alabama State Health Planning & Development Agency 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

St. Francis Hospital - Bartlett navigates CON filings

Represented a hospital client in multiple CON matters in the state of Tennessee involving Freestanding Emergency Departments.

Alabama Eye obtains CON to build new surgery center

Assisted Alabama Eye Physicians and Surgeons in securing a certificate of need from the State Health Planning and Development Agency and successfully defended the agency’s decision at the Alabama Civil Court of Appeals.

University of South Alabama Medical Center to build new free-standing emergency department

Served as counsel to the University of South Alabama Medical Center in its application for a certificate of need (CON).

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