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Reviewability Determinations

Bradley Arant Boult Cummings LLP

Alabama CON Report - August 2024

I. Certificate of Need Program - A. Contested Case: AL2023-022, Affinity Orthopaedic ASC, LLC, Jefferson County, AL: Proposes to develop an ambulatory surgery center (ASC) concentrating on orthopaedic surgery on the...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - May 2024

I. Certificate of Need Program - A. Contested Case - AL2023-021, Affinity Hospital, LLC d/b/a Grandview Medical Center, Hoover, AL: Proposes to establish a Freestanding Emergency Department (FED) in the city of Hoover,...more

Pullman & Comley - Connecticut Health Law

Proposed Bills Spell Big Changes for CON Law in Connecticut

UPDATED MAY 14, 2024 NOTE: The legislative session of the Connecticut General Assembly ended on May 8, 2024. The bills discussed in this blog did not pass. We will be monitoring new developments in the law regarding...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - February 2024

I. Certificate of Need Program - A. Project Modification Request - AL2022-009, East Alabama Health Care Authority d/b/a East Alabama Medical Center (EAMC), Lee County, AL: The project modification request involves a...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - January 2024

I. Certificate of Need Program - A. Project Modification Request - AL2021-003, Crimson Village, LLC, Tuscaloosa County, AL: The project modification request is for the approval to relocate the specialty care assisted...more

Bracewell LLP

Third Circuit Provides Guidance on Reviewability of Constructive Approvals Resulting From FERC Deadlocks in PJM Focused-MOPR...

Bracewell LLP on

On December 1, 2023, the U.S. Court of Appeals for the Third Circuit held that outcomes by operation of law caused by deadlocks among the members of the Federal Energy Regulatory Commission (FERC or Commission) are judicially...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - October 2023

I. Certificate of Need Program - A. AL2023-014, Medplex Outpatient Surgery Center, Ltd., Hoover, AL: Proposes to relocate the existing facility by constructing a new ambulatory surgery center (ASC) approximately two (2)...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - July 2023

I. Certificate of Need Program A. A. AL2023-013, Birmingham Operations, LLC d/b/a Harmony at Birmingham, Trussville, AL: Proposes to construct and operate a thirty-two (32) bed Specialty Care Assisted Living Facility...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - June 2023

I. Certificate of Need Program - A. AL2023-011, Metro Treatment of Alabama, L.P. d/b/a Birmingham Metro Treatment Center, Birmingham, AL: Proposes to relocate Birmingham Metro Treatment Center, an existing outpatient...more

Robinson+Cole Health Law Diagnosis

Connecticut Governor’s Health Care Bill Makes Important Changes to the Certificate of Need Process

On June 7, 2023, the Connecticut Legislature passed HB6669, “An Act Protecting Patients and Prohibiting Unnecessary Health Care Costs” (“the Act”). The Act implements legislative initiatives announced earlier this week that...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - April 2023

I. Certificate of Need Program - A. Contested Case: AL2022-022, St. Vincent’s Birmingham, Pelham, AL: Proposes to develop a multi-specialty building to include a freestanding emergency department (FED), imaging center,...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - February 2023

I. Certificate of Need Program - A. AL2022-033, North Alabama Specialty Hospital, LLC, Huntsville, AL: Proposes to add sixteen (16) long term acute care (LTAC) beds to its existing thirty-one (31) bed LTAC hospital in...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - January 2023

I. Certificate of Need Program - A. AL2022-010, Hand in Hand Therapy & Tutoring, LLC, Fairhope, AL: Proposes to add speech therapy services at an already existing occupational therapy clinic. Opposition: None. Approved. ...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - September 2022

I. Certificate of Need Program - A. AL2022-020, Infirmary ASC - Saraland, LLC, Mobile, AL: Proposes to construct and operate a freestanding multi-specialty Ambulatory Surgery Center (ASC) consisting of four (4) operating...more

Nelson Mullins Riley & Scarborough LLP

The Draft 2023 State Medical Facilities Plan is Here!

The North Carolina Department of Health and Human Services Division of Health Service Regulation (“DHSR”) has published the draft 2023 State Medical Facilities Plan (“SMFP”), which was developed by the State Health...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - April 2022

I. Certificate of Need Program - A. AL2022-005, Saad Enterprises, Inc. d/b/a Saad Hospice Services, Mobile, AL: Proposes to add ten (10) additional inpatient hospice beds to The Retreat, an existing inpatient hospice...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - October 2021

I. Certificate of Need Program - A. AL2021-039, Monroe County Health Care Authority d/b/a Monroe County Hospital, Monroeville, AL: Proposes to convert ten (10) acute care beds to ten (10) swing beds in order to provide...more

Williams Mullen

N.C.’s State Health Coordinating Council Committees Enter Key Votes

Williams Mullen on

Planning for new health care capabilities across North Carolina moved ahead with key votes in September by each of the committees of North Carolina’s State Health Coordinating Council (SHCC). Providers interested in new...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - July 2021

I. Certificate of Need Program - A. AL2021-028, Renal Treatment Centers - Southeast, LP d/b/a Crown Dialysis, Birmingham, AL: Proposes to expand its existing End Stage Renal Disease (ESRD) facility by adding four (4) new...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - June 2021

I. Certificate of Need Program - A. AL2021-016, United Vascular of Huntsville, LLC, Huntsville, AL: Proposes to establish a two-operating-room ASC specializing in vascular access and peripheral vascular procedures....more

Bradley Arant Boult Cummings LLP

Tennessee Makes Major Changes to CON Law

Tennessee healthcare providers will soon have a very different certificate of need (CON) law to consider as they plan new facilities and services. Tennessee’s legislature and governor recently enacted Public Chapter 557,...more

Williams Mullen

2022 N.C. CON Filing Opportunities & the All-Important Petition Process

Williams Mullen on

North Carolina planners have given providers their first looks at the health care capabilities the State will likely identify as needed in the 2022 State Medical Facilities Plan (SMFP). As expected in the wake of COVID-19,...more

Williams Mullen

Key North Carolina CON Petition Deadlines (chart included)

Williams Mullen on

Now is the time for providers to consider filing (or re-filing) a Petition as North Carolina’s State Health Coordinating Council (SHCC) begins its efforts to prepare the document that will define opportunities to develop...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Substitute Claims Proposed in an IPR are Subject to Patent Eligibility Review Under Section 101

In Uniloc 2017 LLC v. Hulu, LLC, Netflix, Inc. (July 22, 2020), the Federal Circuit held that the Patent Trial and Appeal Board (“the PTAB”) may consider, in its review of substitute claims proposed in an inter partes review...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - July 2020: Federal Circuit Confirms PTAB's Ability to Consider Subject Matter Eligibility of...

On July 22, 2020, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) issued an opinion in Uniloc 2017 LLC v. Hulu, LLC & Netflix, Inc., No. 2019-1686 (Fed. Cir. 2020) authorizing the U.S. Patent Trial &...more

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