Certificate of Need

News & Analysis as of

Tennessee Legislature Passes Sweeping Changes to CON Law

On April 20, 2016, the Tennessee House and Senate completed final actions to pass legislation that makes significant modifications to the state’s certificate of need (CON) laws. The legislation, SB1842/HB1730 was sponsored by...more

Alabama CON Report

I. Certificate of Need Program - A. AL2016-008, EAMC Lanier, LLC, Valley, AL: Proposes to renovate a space for the conversion of seventeen (17) acute care beds to seventeen (17) inpatient rehabilitation beds, which was...more

Mississippi CON Report

I. Mississippi Certificate of Need Meetings During March 2016 - During the March 31, 2016, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff analysis and...more

Burr Alert: Tennessee Legislature Passes Certificate of Need Reform

This week, both houses of the Tennessee General Assembly unanimously approved legislation that will significantly reform Tennessee’s certificate of need (CON) program. Among the changes, the legislation: Removes the...more

Tennessee CON Report

I. March 2016—Tennessee Certificate of Need Meeting - At the March meeting of the Tennessee Health Services and Development Agency, Elizabeth Johnson announced that the standards for Psychiatric Inpatient Services and...more

Tennessee Health Services And Facilities Report: - April 2016 Newsletter

The Tennessee Health Services and Development Agency (HSDA) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (CON) is a permit for the...more

It’s the CON Season in North Carolina – Is Your Petition Ready?

Can your organization satisfy an unmet need by bringing a new health care resource into a North Carolina community? If your organization perceives a need that has not been recognized by our State’s health planners, now is...more

Tennessee CON Report

I. February 2016—Tennessee Certificate of Need Meeting - At the February meeting of the Tennessee Health Services and Development Agency, Elizabeth Jones announced that the Standards for Neonatal Intensive Care Unit...more

Health Care E-Note - March 2016

On February 12, 2016, the Department of Health and Human Services’ Center for Medicare & Medicaid Services ("CMS") published its final rule. The final rule clarifies two key sections of the often described 60-Day Overpayment...more

Tennessee Health Services And Facilities Report: March 2016 Newsletter

The Tennessee Health Services and Development Agency (HSDA) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (CON) is a permit for the...more

COPN Reform Efforts Delayed

Few legislative issues during the 2016 General Assembly have garnered more attention in the health care community than the efforts to reform Virginia’s Certificate of Public Need (“COPN”) process. Despite considerable effort...more

Alabama CON Report

I. Certificate of Need Program - A. AL2016-006, University of South Alabama Medical Center, Fairhope, AL: Proposes to relocate the existing USA Medical Center Fairhope Outpatient Department to new leased space...more

Mississippi CON Report

I. Mississippi Certificate of Need Meeting on March 3, 2016 - During the March 3, 2016, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff analysis and...more

Mississippi CON Report

I. Mississippi Certificate of Need Meetings During January 2016 - During the January 28, 2016, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff analysis...more

Georgia General Assembly Once Again Considered CON Repeal

A bill introduced last week in the Georgia General Assembly sought to eliminate the state’s Certificate of Need (“CON”) program, which has been in place since 1979. The CON program’s goals are: “(1) to measure and define...more

Connecticut Governor Dannel P. Malloy Establishes Certificate of Need Task Force and Places Temporary Moratorium on Certain...

On February 25, 2016, Connecticut Governor Dannel P. Malloy issued Executive Order No. 51 (Executive Order), which establishes a taskforce (Taskforce) to study and provide recommendations on the state’s certificate of need...more

Tennessee CON Report

I. January 2016—Tennessee Certificate of Need Meeting - At the January meeting of the Tennessee Health Services and Development Agency, Jeff Ockerman announced that the Standards for Psychiatric Inpatient Services and...more

Health Update - February 2016

Better Late Than Never: CMS Provides Much-Needed Clarity on the 60-Day Overpayment Refund Requirements - On February 12, 2016, the Centers for Medicare & Medicaid Services (CMS) issued the long-awaited final rule (Final...more

FTC and DOJ Take Aim at State Certificate of Need Laws

Earlier this year, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) released their formal recommendation that South Carolina repeal its certificate of need (CON) law regulating...more

Alabama CON Report

I. SHPDA Administrative Report - Contested Cases - AL2015-039, Bio-Medical Applications of Alabama, Inc. d/b/a Fresenius Medical Care Decatur: Proposes to construct and operate a new twenty (20) station End Stage...more

Virginia’s Certificate of Public Need Law is Here to Stay (For Now)

Virginia’s Certificate of Public Need (“COPN”) law has been the subject of considerable debate in the General Assembly, in the media, and in federal court. At least for now, the discussion at the judicial level has ended,...more

Federal Appeals Court Rejects Challenge to Virginia's Certificate of Need Law

On January 21, 2016, the United States Court of Appeals for the Fourth Circuit (the “Court”) upheld Virginia’s Certificate of Public Need (“CON”) Program against a constitutional challenge. The Appeals Court held that the CON...more

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

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