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Certificate of Need

The experienced attorneys at the Southern Health Lawyers excel in aiding healthcare clients with Certificate of Need (CON) counseling, due diligence, and litigation. In a heavily regulated industry like healthcare, a full range of licensure and certification obstacles arises. Compliance is essential and often affects daily operations when both organization and staff must comply with many, evolving licensure and certification requirements. Clients may encounter issues with Medicare and Medicaid certification requirements, disputes and appeals from denials, enforcement, termination, penalties and proceedings. We handle a wide spectrum of corporate transactions and applications involving the development of new and existing facilities, equipment, and services. When counseling on CON regulatory matters, our lawyers coordinate to develop unique and effective methods of complying with CON requirements. When facing a CON competitor challenge or need to challenge a competitor, our litigators are equipped to navigate all facets of the litigation process.

Specialties:
• Advising clients on the licensure of new health care facilities
• State licensing operational requirements of health care organizations
• Interactions with state licensing agencies
• Health care professional licensure requirements
• Citation Appeals
• COPN requirements and interaction with state COPN agencies
• Opposition to COPN approvals
• Clinical laboratory improvement amendments (CLIA) Compliance

  • Received approval for exemption from CON review for interventional cardiac catheterization programs for three Georgia community hospitals.
  • Drafted, filed, and received CON approval for a da Vinci surgical robot for two Georgia community hospitals.
  • Represented hospice in asset purchase transaction.