News & Analysis as of

Certificate of Need

FTC testimony underscores agency's views on certificate-of-need laws and competition in health care markets

by Dentons on

Staff from the Federal Trade Commission (FTC) appeared before the Alaska Senate Committee on Labor and Commerce on February 6, 2018, to present the FTC’s views on certificate-of-need (CON) laws and to support the repeal of...more

Health Care E-Note - January 2018

by Burr & Forman on

In an article published by the Medical Association of the State of Alabama on January 4, 2018, Birmingham Counsel Adam Overstreet discusses the new Department of Justice initiative on investigating and prosecuting pain...more

2018 SMFP Need Determinations

by Poyner Spruill LLP on

The 2018 State Medical Facilities Plan (SMFP) was approved by Governor Cooper on December 11, 2017, and has been issued effective January 1, 2018. It includes need determinations of interest to a number of different types of...more

2018 Georgia Legislative Session Preview

by Dentons on

After clearing the cobwebs from the General Assembly's levers of power, Georgia lawmakers arriving in Atlanta today will find no shortage of thorny propositions awaiting them: budget priorities, rural development and...more

The Tennessee Health Services and Facilities Report: January 2018

by Burr & Forman on

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

Health Care E-Note - December 2017

by Burr & Forman on

In Part One of his White Collar Courier series, Adam Overstreet detailed how the U.S. Department of Justice has focused its attention on the aggressive investigation and prosecution of “pill mill” cases. In Part Two, he...more

Alabama CON Report

I. Certificate of Need Program - A. Project Modification AL2016-022, Geneva County Health Care Authority, Inc., Geneva, AL: Proposed to acquire, relocate and operate five (5) geriatric psychiatric inpatient beds as an...more

Tennessee Health Services and Facilities Report: December 2017

by Burr & Forman on

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

Supreme Court of Georgia Upholds Constitutionality of Certificate of Need Statute

by Miller & Martin PLLC on

The Supreme Court of Georgia has rejected an outpatient surgery center’s constitutional challenge to the state’s Certificate of Need (“CON”) statute, Women’s Surgical Center, LLC, v. Berry. The applicable code section,...more

Health Care E-Note - November 2017

by Burr & Forman on

Health care law and policy occupy a prime place in the current news cycle. Much of the attention revolves around the actions or inactions of Congress and the White House, particularly with regard to their impact on the future...more

Tennessee Health Services and Facilities Report: November 2017

by Burr & Forman on

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

North Carolina State Health Coordinating Council Votes on Proposed 2018 State Medical Facilities Plan

by Williams Mullen on

On October 4, 2017, North Carolina’s health planning body, the State Health Coordinating Council (SHCC), met in Raleigh to finalize its work on the document that will define health care opportunities in North Carolina for the...more

The Impact of the New Connecticut Budget on the Health Care Industry

The bipartisan state budget became law yesterday (the “Budget Act”). While Governor Malloy vetoed a provision requiring supplemental payments to hospitals, the Budget Act includes numerous other provisions affecting the...more

Health Care E-Note - October 2017

by Burr & Forman on

Health care providers are constantly receiving requests for copies of patient medical records. Some requests come by way of the patient exercising his/her right to access his/her medical records, some come by way of patient...more

Alabama CON Report

I. SHPDA Administrative Report - Contested Case AL2017-018, Huntsville Senior Services, LLC d/b/a Regency Remembrances, Huntsville, AL: Proposes to add thirty-two (32) specialty care assisted living beds to an existing...more

Tennessee Health Services and Facilities Report: October 2017

by Burr & Forman on

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

Health Care E-Note - September 2017

by Burr & Forman on

On June 2, 2017, Anderson, South Carolina-based AnMed Health and the Department of Health and Human Services Office of Inspector General entered into the largest settlement under the Emergency Medical Treatment and Labor Act...more

Alabama CON Report

I. Certificate of Need Program - A. AL2017-029, Bio-Medical Applications of Alabama, Inc. d/b/a Fresenius Medical Care Gardendale, Gardendale AL: Proposes to expand the existing ESRD Treatment Center by adding six (6)...more

Tennessee Health Services and Facilities Report: September 2017

by Burr & Forman on

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

Tennessee CON Report

I. August 2017—Tennessee Certificate of Need Meeting - The agency approved the following applications during the August 23 meeting. A. Consent Agenda - 1. Vanderbilt University Medical Center, Nashville (Davidson...more

Alabama CON Report

I. For Informational Purposes Only - Contested Case - AL 2017-024, The Troy Hospital Health Care Authority d/b/a Troy Regional Medical Center, Troy, Alabama: Proposes to acquire, relocate and operate 18 geriatric...more

Tennessee Health Services and Facilities Report - August 2017

by Burr & Forman on

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

Tennessee Health Services and Facilities Report: August 2017 Newsletter

by Burr & Forman on

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

Proposed 2018 SMFP Need Determinations

by Poyner Spruill LLP on

The State Health Coordinating Council has published the Proposed 2018 State Medical Facilities Plan (“SMFP”), which includes need determinations of interest to a number of different types of providers. All of the proposed...more

Health Care E-Note - June 2017

by Burr & Forman on

When a physician leaves a medical practice, especially if the physician stays in the area to compete against his/her former employer, the situation can become stressful and acrimonious. Please see full E-Note below for...more

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