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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