News & Analysis as of

New Washington Department of Health Regulations

On December 23, 2013, the Washington State Department of Health (the “Department”) adopted two regulatory changes that impact hospitals. As discussed below, one change impacts Certificate of Need (CoN) review when there is a...more

Alabama CON Report - December 2013

In this Report: - I. Certificate of Need Program - A. AL2014-009-E, Rainbow Omega, Inc. d/b/a Strickland/Stringfellow ICF/MR, Eastaboga, AL - B. AL2014-010-E, Thomasville Regional Medical Center, LLC,...more

What Is “Past Quality of Care” in a CON Review?

A recent certificate of need (CON) decision has muddied the waters further on the question of what constitutes past quality of care in a CON review. The case involved the Certificate of Need Section’s (CON Section or Agency)...more

Tennessee CON Report - November 2013

In this Report: - I. November 2013 — Tennessee Certificate of Need Meeting - A. Emergency Certificate of Need Review - B. General Counsel’s Report - C. Agency Review of Administrative Law...more

Tennessee CON Report - September 2013

In This Issue: - 1. September 2013—Tennessee Certificate of Need Meeting - A. General Counsel’s Report - A. Certificate of Need Review: Community Hospices of America-Tennessee - A. Certificate of...more

FTC's Challenge to Phoebe Putney Merger Ends in Settlement Without Divestiture

On August 22, 2013, the FTC accepted, subject to final approval, a Consent Agreement Containing Order from Respondents Phoebe Putney Health System, Inc., Phoebe Putney Memorial Hospital, Inc., Phoebe North, Inc. (collectively...more

Updates To Need Determinations Show A General Decrease In Need For Health Care Facilities And Services In Illinois

On August 15, 2013, the Illinois Health Facilities and Services Review Board ("the Board") released updated inventories and need determinations for health service areas across the State. The new need determinations reveal a...more

Alabama CON Review Board Update - July 2013

In This Update: - I. For Informational Purposes Only - II. Certificate of Need Program - III. Reviewability Determinations and Pending Reviewability Determinations - IV. Old Business -...more

Alabama CON Review Board Update - June 2013

In This Update: - I. Certificate of Need Program - A. AL2013-020, Country Cottage-Hoover, LLC, Hoover, AL - B. AL2013-021, Country Cottage-Montgomery, LLC, Montgomery, AL - C. AL2013-023, Reliant...more

Mississippi CON Report - June 2013

In This Report: - I. May 2013 - Mississippi Certificate of Need Meeting - II. Report of the Ad Hoc Certificate of Need Committee – Proposals for Freestanding Emergency Department Pilot Program and Revisions to...more

Alabama CON Review Board Update - February 20, 2013

In This Update: -I. For Informational Purposes Only (no vote required) -II. Certificate of Need Program -III. Reviewability Determinations and Pending Reviewability Determinations -IV. Old Business -...more

Court Rejects Novant’s Challenge to CON Policy AC-3 for Academic Medical Centers

The North Carolina Court of Appeals recently affirmed a final agency decision to award a CON for a new ambulatory surgical facility to North Carolina Baptist Hospital (Baptist Hospital), on the basis that the petitioners...more

N.C. Court of Appeals Weighs In on Key CON Litigation Issues

The North Carolina Court of Appeals recently made clear that a certificate of need (CON) applicant’s submission of additional information after its application has been filed does not constitute a forbidden amendment unless...more

Mississippi CON Report - December 13, 2012

In This Report: - I. November 29, 2012 - Mississippi Certificate of Need Meeting - II. 2013 State Health Plan Approved - III. Certificate of Need Program Report – Filings/Reports Since October 2012 CON Meeting -...more

Alabama CON Report - December 12, 2012

In This Issue: - I. Certificate of Need Program - II. For Informational Purposes Only - III. OLD BUSINESS - IV. NEW BUSINESS - Excerpt from Certificate of Need: A. Emergency Application...more

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