Certificate of Need (CON)

Served as co-first-chair over three-week bench trial appealing award of certificate of need to develop home health facility. Argued pre-trial motions, conducted witness examinations, and presented closing argument. Prior to trial, managed extensive electronic discovery, conducted depositions, and engaged in substantial motions practice.

Representation of a national medical practice and management company in the establishment of physician-owned single specialty ambulatory surgery centers and submissions of requests for letters of non-reviewability including advice regarding applicable corporate structures to address federal and state laws.

Representation of a Georgia medical practice in formation and structure issues related to relocation of a medical practice and establishment of a physician-owned single specialty ambulatory surgery centers and submissions of requests for letters of non-reviewability including advice regarding applicable corporate structures applicable to the involvement of other non-specialists and related specialty physicians.

Assisted numerous nursing facilities in obtaining CON approval for relocation, and advised on related Medicaid reimbursement matters.

For a healthcare client facing forced closure for relocating without obtaining government approvals, we implemented a strategy to form a new company to apply for the necessary approvals. Over the objections of competitors, we were able to obtain licensure approval, keep the client operational the entire time, and successfully defend litigation challenging the new approval process.

Gained CON approval for a new CyberKnife megavoltage cancer service.

Represented an existing ambulatory surgery center in successfully challenging a competitor’s application for a CON to develop an orthopedic surgery center. (The Surgery Ctr. v. Hughston Surgical Inst., 293 Ga. App. 879 (2008)).

Successfully litigated and resolved CON competitive batch appeals relating to expansion of home health agency services.

Gained CON approval for a new cancer center over objections and administrative appeals by two competitors.

Successfully represented multiple health systems, after extensive appeals in obtaining the certificate of need permitting them to establish hospitals in Roswell, Ga. (now North Fulton Hospital) and Pleasant, SC.

Obtained Certificate of Need approval and initial licensure and Medicaid enrollment of one of the nation’s first assisted living projects funded with affordable housing tax credits.