Certificate of Need

News & Analysis as of

Virginia’s Certificate of Need Laws May Stay, Fourth Circuit Says

On January 21, the U.S. Court of Appeals for the Fourth Circuit upheld Virginia’s Certificate of Need (CON) laws, ruling that the scheme does not illegally discriminate against out-of-state health care providers. See Colon...more

FTC and DOJ Urge South Carolina to End Certificate of Need Laws

On January 11, 2016, the Federal Trade Commission (FTC) and Department of Justice, Antitrust Division (DOJ) submitted a letter to Governor Nikki Haley recommending that South Carolina repeal certificate of need laws (CON)...more

Alabama CON Report

I. Certificate of Need Program - A. Project Modification - AL2015-014, The Heath Care Authority of Cullman County d/b/a Cullman Regional Medical Center, Inc., Cullman, AL: Proposes to relicense thirty (30) acute care...more

Mississippi CON Report

I. Mississippi Certificate of Need Meetings During November and December 2015 - No Certificate of Need meetings were held during November and December 2015. The next Certificate of Need meeting is scheduled for January...more

FTC Brushes Aside AG, Regulators to Attack Local Hospital Merger

The Federal Trade Commission (FTC) continued its relentless focus on combinations in the healthcare industry last month when it filed an administrative complaint challenging a merger of two West Virginia hospitals, In the...more

Final 2016 SMFP Need Determinations

The 2016 State Medical Facilities Plan (SMFP) was approved by Governor McCrory on December 15, 2015, and has been issued effective January 1, 2016. It includes several need determinations of interest to hospitals. These...more

Proposed CON and Reporting Rules in the Works at DHHS - Corridors January 2016

The N.C. Department of Health and Human Services (the Department) has recently proposed changes to the rules governing health service facilities, including hospitals. The Department’s Healthcare Planning and Certificate of...more

A Return to Evanston: FTC Revisits Old Ground in Yet Another Hospital Merger Challenge

Last week, the Federal Trade Commission (“FTC” or “Commission”) authorized staff to file an administrative complaint and to seek in federal court a temporary restraining order and a preliminary injunction to block the...more

A Purchaser’s Guide for Preparing a Closing Checklist in a Skilled Nursing Home Property Acquisition

Prior to acquiring any real estate, which will be operated as a skilled nursing facility (“SNF”), a purchaser should perform a thorough due diligence investigation as to any material facts or issues relevant to the intended...more

Mississippi CON Report - October 2015

I. October 2015 – Mississippi Certificate of Need Meeting - During the October 29, 2015, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff analysis and...more

Alabama CON Report

I. Certificate of Need Program - A. AL2015-036, NNA of Alabama, Inc. d/b/a Fresenius Medical Care Montclair, Birmingham, AL: Proposes to relocate the existing twenty-four (24) station ESRD facility to a location within...more

FTC Challenges Hospital Merger Despite Conduct Remedy Accepted by State AG

Last week the Federal Trade Commission (“FTC” or “Commission”) issued an administrative complaint challenging the merger of two West Virginia hospitals that had earlier been cleared by the state’s Attorney General (“W.V. AG”)...more

Reconsideration of Certificate of Need in Virginia

In a joint statement issued by the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (collectively, the “Agencies”) late last month, the Agencies suggested Virginia’s Certificate of Public...more

North Carolina General Assembly Week in Review: Health Care Spotlight

On Thursday, after six terms serving in the House, Rep. James H. Langdon (R-Johnston) announced that he would not be running for re-election in 2016. Following his announcement, two Republicans announced their intentions to...more

FTC-DOJ Join Forces: Encourage Repeal/Retrenchment of Virginia CON Laws

The Federal Trade Commission (“FTC”) and Department of Justice Antitrust Division (“DOJ”) (collectively, “agencies”) issued a joint statement to Virginia’s Certificate of Public Need (“COPN”) Work Group, which was recently...more

Alabama CON Report

I. Certificate of Need Program - A. AL2015-030, Lakeshore Foundation, Birmingham, AL: Proposes to construct a two-story addition containing patient rooms, a nursing station, a day room and a lobby area. The Hospital...more

Mississippi CON Report

I. September 2015 – Mississippi Certificate of Need Meeting - During the September 24, 2015, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff analysis...more

Tennessee CON Report

I. September 2015—Tennessee Certificate of Need Meeting - At the September meeting of the Tennessee Health Services and Development Agency (the HSDA), Jeff Ockerman announced that the 2014 Update to the State Health Plan...more

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative session on January 14. Lawmakers returned to Raleigh on January 28 to begin the session in earnest. The MVA Public Affairs Legislative Report on North Carolina will be...more

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative session on January 14. Lawmakers returned to Raleigh on January 28 to begin the session in earnest. The MVA Public Affairs Legislative Report on North Carolina will be...more

The Health Law Guide to Hospital Operations

This operations guide provides a brief look at health law issues hospitals deal with on a daily basis. While a detailed coverage of the elements, drafting, implementation and continued governance of a hospital compliance...more

Mississippi CON Report

July 2015 – Mississippi Certificate of Need Meeting - During the July 30, 2015, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff analysis and approved the...more

Health Update - August 2015

Five Lessons From 2015 Healthcare Deals - In 2015, we already have seen a great deal of activity in healthcare transactions that is attracting antitrust scrutiny, with mixed results. Among the winners have been Cabell...more

Alabama CON report

I. SHPDA Administrative Report - AL2015-024, Greystone Surgery Center LLC, d/b/a Greystone Surgery Center, Birmingham, AL: Proposes to establish an Ambulatory Surgical Center through the conversion of an existing...more

First, Do No Harm: Analyzing the Certificate of Need Debate in North Carolina

Much of the debate over whether North Carolina’s Certificate of Need (“CON”) law should be repealed has focused on market theories without a great deal of focus on measurable realities. Ascendient decided to expand the...more

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