News & Analysis as of

Healthcare Certificate of Need

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

Pullman & Comley - Connecticut Health Law

OHS Issues 2024 Statewide Health Care Facilities and Services Plan

The Connecticut Office of Health Strategy (OHS) has released the 2024 Statewide Health Care Facilities and Services Plan, along with a biennial inventory of all Connecticut health care facilities and services (the Plan)....more

Polsinelli

Modifications to Georgia Certificate of Need Statute

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Georgia Governor Brian Kemp signed House Bill 1339 (the “Law”) into law on April 19, 2024. The Law revised existing provisions of the Georgia Certificate of Need statute (the “Statute”). The Law became effective July 1, 2024....more

Chambliss, Bahner & Stophel, P.C.

Advancing Health Care Access: Tennessee’s CON Law Overhaul

Tennessee legislators have made significant progress in reforming the burdensome certificate of need (CON) requirements for establishing new health care facilities and services in Tennessee. Tennessee’s CON law has...more

Bass, Berry & Sims PLC

Tennessee General Assembly Continues Chipping Away at Tennessee’s CON Program

Bass, Berry & Sims PLC on

On April 23, the 113th Tennessee General Assembly passed HB2269/SB2009, Public Chapter No. 985 (New CON Law), which significantly overhauls Tennessee’s certificate of need (CON) program for a second time less than three years...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

Epstein Becker & Green

Interested in Opening a Medical Spa? Here’s What You Need to Know

Epstein Becker & Green on

Aesthetic services and the medical spa industry have continued to grow over the past few years as clients continue to demand the availability of such cosmetic services. In response, many providers and investors in the health...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

Robinson+Cole Health Law Diagnosis

New York Implements Health Equity Impact Assessment as New Requirement for Certificate of Need Process

On June 22, 2023, New York State Public Health Law § 2802-b, added a Health Equity Impact Assessment (HEIA) to the Certificate of Need (CON) process for certain health care facilities. The new requirement comes as part of...more

Robinson & Cole LLP

Conn. Ruling Highlights Keys To Certificate-Of-Need Appeals

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On July 25, the Connecticut Supreme Court issued an opinion in High Watch Recovery Center Inc. v. Department of Public Health that addresses the subject of the right to file an appeal of a certificate-of-need, or CON,...more

Robinson+Cole Health Law Diagnosis

Connecticut Supreme Court Addresses Contested Case Issue in Ruling on Certificate of Need Appeals

On July 25, 2023, the Connecticut Supreme Court issued an opinion in High Watch Recovery Center, Inc. v. Dept. of Public Health that addresses the subject of the right to file an appeal of a Certificate of Need (CON) decision...more

Nelson Mullins Riley & Scarborough LLP

North Carolina Health Planning Update for 2024: Summer Petitions Have Been Filed

As we reported last month, the draft 2024 State Medical Facilities Plan (SMFP) was released on July 3, 2023. The SMFP is North Carolina’s key health planning document in which the State publishes need determinations for...more

Pullman & Comley - Connecticut Health Law

CT and NY Are Looking Closely at Transactions Involving Group Practices

Group medical practices in Connecticut and New York that are contemplating acquisitions, mergers or other significant transactions with third parties should pay close attention to new legal developments in these states....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

Sheppard Mullin Richter & Hampton LLP

Connecticut Governor Signs Health Care Legislation to Reduce Costs and Increase Competition

On June 21, 2023, Connecticut Governor Ned Lamont signed into law HB6669, “An Act Protecting Patients and Prohibiting Unnecessary Health Care Costs” (“the Act”), which seeks to reduce the costs of health care services for...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

Stevens & Lee

New York Enacts Notice Requirements for Material Health Care Transactions but Removes Approval Authority

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On May 3, 2023, New York Governor Kathy Hochul signed into law an amendment (the “Amendment”) to the New York Public Health Law, effective on or about August 1, 2023, that will require certain Healthcare Entities to provide...more

Nelson Mullins Riley & Scarborough LLP

South Carolina Sunsets Certificate of Need Law

On May 3, 2023, the South Carolina General Assembly passed S.164 which overhauled the state’s Certificate of Need (CON) law. The bill was signed by Governor McMaster on May 16, 2023 and is now in effect....more

Nelson Mullins Riley & Scarborough LLP

North Carolina Session Law 2023-7 Results in Major Reforms to Certificate of Need

On March 27, 2023, North Carolina Governor Roy Cooper signed House Bill 76, now known as Session Law 2023-7,  into law. Also called “Access to Healthcare Options,” Session Law 2023-7 primarily aims to expand Medicaid....more

Bodman

One Month Until May 11, 2023 – the Expiration Date for the COVID-19 Public Health Emergency

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The Secretary of the U.S. Department of Health and Human Services (HHS) first declared the existence of a public health emergency (PHE) on January 31, 2020. The PHE allowed HHS to implement a number of regulatory waivers and...more

Wyrick Robbins Yates & Ponton LLP

Significant CON Reform May Be Coming to North Carolina (UPDATED)

(UPDATE) On March 27, 2023, Governor Roy Cooper signed into law House Bill 76, An Act to Provide North Carolina Citizens with Greater Access to Healthcare Options, a copy of which can be found here: Session Law 2023-7. As...more

Robinson+Cole Health Law Diagnosis

New York Proposes Regulatory Overhaul for HealthCare Transactions with a Focus on Investor-Backed Healthcare Transactions

Proposed legislation from the New York State Executive Budget for 2024 includes significant changes to the state’s regulatory approach and authority over healthcare transactions.  New York is following a trend on the state...more

Ankura

How To Claim Healthcare Market Share on the Verge of Certificate of Need Irrelevancy

Ankura on

Certificate of Need (CON) regulations are in flux in many states. Health systems must prepare to lose the market share protection that regulations have provided for decades. It is time to pivot to an offensive approach to...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

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