News & Analysis as of

Certificate of Need Opportunities in 2015

While many of us were shopping for last-minute gifts for our families, Governor McCrory was busy approving the 2015 State Medical Facilities Plan (“SMFP”). The SMFP is a document created annually by the State Health...more

Will Georgia Certificate of Need Laws Prevent the FTC from Requiring the Divestiture of Palmyra by Phoebe Putney? Health Care...

Federal and state courts are expected to rule on several nationally watched antitrust health care cases during the first half of 2015. As we enter into the first week of the New Year, Nexsen Pruet associate Rachel...more

Massachusetts AG Approves Hospital Acquisitions – But Will the State Court? Health Care Antitrust Cases to Watch in 2015

Federal and state courts are expected to rule on several nationally watched antitrust health care cases during the first half of 2015. As we enter into the first week of the New Year, Nexsen Pruet associate Rachel...more

Tennessee CON Report - December 2014

In this Issue: - I. December 2014—Tennessee Certificate of Need Meeting - II. Certificate of Need Program Report—Filings Since November 2014 Meeting - III. Projects Deemed Complete for Review at January...more

Tennessee CON Report - November 2014

In This Issue: - I. November 2014—Tennessee Certificate of Need Meeting - II. Certificate of Need Program Report—Filings Since October 2014 Meeting - III. Projects Deemed Complete for Review at December...more

Potential Changes in the South Carolina Certificate of Need Application and Review Process

After Governor Haley vetoed funding for the Certificate of Need (CON) program, the Department of Health and Environmental Control stopped administering the program, resulting in months of confusion in the regulated community....more

Alabama CON Report - November 2014

In This Report: - I. Certificate of Need Program - II. Reviewability Determinations and Pending Reviewability Determinations Excerpt from Certificate of Need Program: A. AL2014-030, Redstone...more

Mississippi CON Report - November 2014

In This Report: - I. October 2014 – Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since September 2014 - Excerpt from October 2014 – Mississippi...more

New York Announces Revisions to the Certificate-of-Need Process

The New York State Department of Health (“NYSDOH”) recently released proposed revisions to its certificate-of-need (“CON”) process. The regulations aim to streamline the administrative process for hospitals, nursing homes,...more

Tennessee CON Report - October 2014

In this Report: - I. October 2014—Tennessee Certificate of Need Meeting - II. Certificate of Need Program Report—Filings Since September 2014 Meeting - III. Projects Deemed Complete for Review at...more

NYS Department of Health Proposes Changes to Certificate of Need Process

On October 15, 2014, the New York State Department of Health (DOH) released proposed changes that will simplify the certificate of need (CON) process. Specifically, the Department is proposing to require prior notice,...more

More Turns in the FTC's Antitrust Enforcement Action Against Phoebe Putney Hospital, Inc.

The FTC’s long-running campaign against Phoebe Putney Health System, Inc.’s acquisition of Palmyra Park Hospital, Inc., continues. In an unusual sequence of events, the Commission first conditionally accepted a Consent...more

Georgia Department of Community Health Ruling Jeopardizes FTC Action Against Phoebe Putney Health System, Inc.

On October 6, Ellwood F. Oakley III, an administrative hearing officer at Georgia’s Department of Community Health, reversed an initial staff determination that a new Certificate of Need (CON) would not be required if Phoebe...more

Hospital Options for Unused Long Term Care Beds - Corridors Newsletter Fall 2014

A number of hospitals in North Carolina have skilled nursing beds in their bed inventory. According to the Proposed 2015 State Medical Facilities Plan (SMFP), 1,652 of the 45,724 (or approximately 4 percent) of the licensed...more

Alabama CON Report - August 2014

In This Report: - I. SHPDA Administrative Report - A. For Informational Purposes Only - II. Certificate of Need Program - A. Reconsideration on Home Health Batched Applications - B....more

Mississippi CON Report - July 2014

In this Report: - I. June 2014 – Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since June 2014 - A. Letters of Intent to Change Ownership - B....more

Mississippi CON Report - May 2014

In this Report: - I. April 2014 – Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since March 2014 - A. Letters of Intent to Change Ownership - B....more

Tennessee CON Report - April 2014

In this Report: - I. April 2014 — Tennessee Certificate of Need Meeting - A. Certificate of Need Review - II. Certificate of Need Program Report — Filings Since March 2014 Meeting - B. Applications for...more

Alabama CON Report - April 2014

In this Issue: - I. Old Business - II. Certificate of Need Program - III. Reviewability Determinations and Pending Reviewability Determinations - III. New Business - Excerpt from Certificate of...more

Mississippi CON Report - April 2014

In this Report: I. March 2014 – Mississippi Certificate of Need Meeting II. Certificate of Need Program Report – Filings/Reports Since February 2014 - A. Letters of Intent to Change Ownership - B....more

Tennessee CON Report - March 2014

In this Report: - I. March 2014—Tennessee Certificate of Need Meeting - A. Consent Agenda - B. Certificate of Need Review - C. General Counsel’s Report - II. Certificate of Need Program Report —...more

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

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